Website Development Agreement
IntroductionWe’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what, when, and what will happen if something goes wrong. In this contract, you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.
In a NutshellYou are hiring KangoMedia Web Design to build your business a new website for the agreed-upon price for a duration of 24 months. After 24 months your contractual obligation is completed, at which time you will roll into our month-to-month management plan or you may take your website and leave KangoMedia Web Design. If you choose not to cancel after 24 months, you will continue to use our services month to month for the cost of $150 per month which can be canceled at any time.
What The Client Agrees To:You have the authority to enter into this contract on behalf of yourself, your company, or your organization. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, and provide feedback and approval in a timely manner. Deadlines work two ways, so you’ll also be bound to keep the project moving speedily. You also agree to stick to the payment schedule set out by the terms of the subscription billing.
What KangoMedia Web Design Agrees To:We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that, we'll maintain the confidentiality of everything you give us.
Project TimelineOur typical development time is approximately four to six weeks. This timeframe may fluctuate, for a specific deadline please consult your project manager. Add-on services such as content writing or extra pages will add up to 2 business days per item onto our project timeline. Custom websites will take longer typically adding an additional 3 weeks to your timeline. Typical correspondence from you the client should be no more than one business day. Any wait time beyond this may add additional time to the project being launched. Our development time is accounting for our deliverability but does not account for any additional time added to the project by the client changing scope of work, revisions, or lacking in communication. These extenuating factors will delay your project timeframe.
What Will be Included in the Website BuildThe predetermined amount of pages your package contains (additional pages and content writing are an additional fee) on-page SEO, mobile/tablet optimization, and custom contact forms. Our custom-made websites will allow customers to ask for limited revisions or make design changes. However, design changes may not be requested from our template packages, these designs are already established.
RevisionsIf you are purchasing a custom site upgrade you may request up to two rounds of revisions of our initial design concept. Any additional revisions will be an additional cost. Once the initial design concept (the home page) is approved, the rest of the website will be built with the same design and functionality. Any revisions requested after the initial design concept has been accepted will invoke a fee which will be determined by the scope and complexity that is requested. We will determine the scope and provide you a quote necessary for the requested revision, to which you may approve or request changes to the scope in order to alter the quote. All website packages by default are based on our templated designs unless a custom design upgrade is purchased. Template sites may not have design revisions, the design is already set in stone. You may, however, request changes to media, colors, fonts, or content but you may not request changes to the design layout. If we are creating a brand new template because we do not have one available for your industry you may request one round of revision to the home page concept then the template will be locked in.
What Will be Included in the Monthly MaintenancePremium web hosting, security certificates, 3rd party backups, uptime monitoring, plugin updates, theme updates, WordPress updates, unlimited content edits, and unlimited support available when you need it! Our monthly maintenance plan is provided to you absolutely for free for the first 24 months!
Tech SupportYou can request updates to your website anytime by visiting your account and navigating to the support area, or you may visit kangomedia.com/support/ if you are for any reason experiencing difficulties with your website you may reach out to your project manager assigned to your account. All tech support needed to keep your website running smoothly is included for free at no extra cost. We will respond to your email in a timely manner, please allow up to 2 business days for us to address any technical difficulties.
Communication GuidelinesYou will have a go-to team member that will be your primary line of communication. During the site development, your assigned project manager will be your primary line of communication. After your website is live, your main contact for updates to your website will be your client success manager. Although other team members may at times reach out to you, that doesn't mean they are now your line of communication, it's important to follow communication guidelines with the prescribed team members assigned to you for the best outcome. If you do not follow our communication guidelines, there may be delays or breakdowns in communication. Please communicate with your assigned team members only. You are expected to communicate with us via email and in a timely manner. Our only form of communication from KangoMedia Web Design to you our client is solely email. We will not accept other forms of communication to discuss your project such as phone calls, text messaging, social media, or any other form of communication other than email. If there is a sensitive matter and you absolutely need to speak on the phone you may request a scheduled call with your assigned team member, simply email them asking for their call schedule.
LegalitiesWe’ll carry out our work in accordance with good industry practice and at the standard expected from a qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings, or other incidental, consequential or special damages, even if you’ve advised us of them. Your liability to us will also be limited to the number of fees payable under this contract and you won’t be liable to us or any third party for damages, including lost profits, lost savings, or other incidental, consequential or special damages, even if we’ve advised you of them.
Website OwnershipWhile your website is being paid off, you have a complete and unrestricted license to use the website in any way you wish. You will not however be given ownership of the WordPress files until your website is fully paid off. Once your website is fully paid off you will continue to have an unrestricted license to use the website in any way you wish as well as full control of any and all website files. We maintain the right and ownership to utilize any designs and images that we created for your project to be utilized in any of our other projects.
Site AccessKangoMedia Web Design allows customers to have personal access to their website and the ability to grant access to third-party vendors. We do not accept responsibility for any issues related to changes made to the website other than changes made directly by an employee of KangoMedia Web Design. We may be able to fix issues relating to the website resulting from actions made by clients or third-party vendors but do not guarantee any results or timeframes. We may charge a fee to resolve issues that are a direct result of clients or third-party vendors editing the website. All KangoMedia Web Design websites must be hosted on KangoMedia Web Design's servers during the 24-month payment plan.
Displaying Our WorkWe reserve the right to display all aspects of our creative work, including screenshots, work-in-progress designs, and the completed project on our portfolio and in articles on websites or any other media. We are proud of our work and reserve the right to apply the text web design by KangoMedia (or any combination of text citing KangoMedia) on your website. Should you wish to remove the credit, a fee of $250 applies. Removal of our name does not mean surrendering our design credit to any other party. Without our expressed consent, you agree that “web design by KangoMedia” (or any combination of text citing KangoMedia) will be visibly displayed on your site acknowledging design credit.
Non-Exclusivity of Template SitesOur template sites do not warrant any form of exclusivity whatsoever. Other people in your area could already have or will have a templated design by KangoMedia. If this concerns you let us know and we will check the area for others that may have the same design that you have chosen. In the event that someone else does have the same template, we can ensure the use of different photos and different colors so as to not make them look identical. Alternatively, you may hire us for a custom or partial custom job.
Scope Of WorkThe scope of work will be determined by which package you choose. If you decide to add more pages, content writing services, or any other services not previously agreed upon at the beginning of the website project these addons will be subject to additional costs, and the timeline of the project will be extended.
Requirements of the ClientAfter you select and purchase your website subscription you will be able to submit your company's information to us in our onboarding form and submit all of the media that you wish to have on your website. Please submit all images and videos to us at one time, please do not send media to us in pieces over a period of time but rather please deliver everything to us at once. We will not begin working on your project until your onboarding form is submitted and all of your media has been delivered to us.
Content Writing ServicesContent writing is available as an add-on service for your KangoMedia Web Design website. We will discuss which pages you require and complete all content writing needs for you if you purchase our content writing services. Special requests for content must be made upfront, content revisions for technical reasons that were not explained prior to our content team developing the copywriting are not permissible. If this situation arises, you must make the content revisions necessary in a word document and then deliver the revised content to us. You may not reject our content writing for anything that was not previously disclosed to us via email prior to hiring us for the content writing services. If you are unsatisfied with our content writing for matters that were discussed we will gladly revise the content for you. You need only to let us know which areas you are dissatisfied with and email those to your project manager and our content team will make the necessary revisions for you.
Content Submitted By The ClientIf you decline to use our content writing services you will be responsible to deliver all necessary content writing for your website. You will be provided access to the website, or a site wireframe with content guidelines, where you will be able to see all the areas you need to provide writing for. You will be responsible for providing all of the necessary content for your website in one document. You will then email us a link to a Google Doc where you have written the content. We will not retrieve content from your old website, or elsewhere online on your behalf, you must provide all necessary content writing on your own or hire us to do new content writing for you. You must provide all content in one document for the entire site and email this to your project manager. If your content is not completed please do not send pieces of it at various times because it will not be accepted, it must all be delivered at one time in one document.
Launching Your WebsiteWe will seek to get your website online as soon as possible. In some cases, we may launch a website even before it is 100% completed this is due to the fact that your new website is an asset and cannot serve your business unless it is live. For this reason, we seek to get your site online immediately. If your project has content writing on at least the home page we may pursue launching your website, and then complete the rest of the content or edits that you may request post-launch. If you object to this policy, it is your responsibility to email us at [email protected], notifying us that you would like to launch your website only after you have given us the authorization to do so at a time of your choosing.
Payment ScheduleWe’re sure you understand how important it is as a small business that you keep up on your automatic billing. Your credit card will be billed monthly for the amount agreed upon once per month for a continuation of 24 months through our billing system. Once the 24-month period has ended, if you wish to stay with us for continued hosting, maintenance, updates, and support your service payment will at that time automatically drop to a discounted rate of $150 per month. This ongoing website management service is optional and can be canceled at any time once your 24-month commitment is completed.
Early TerminationAny contracts that are terminated before the final 24-month Agreement is completed will be given a cancellation fee of 50% of your remaining balance and your website will be terminated. If you wish to cancel your contract and take your website to another provider the remaining balance of your contract must be paid in full, then will we package up your website files and transfer them over to you. If you cancel your billing before your 24-month commitment is completed, or dispute any monthly payment to KangoMedia Web Design, this will voluntarily cancel your contract with KangoMedia Web Design and the early termination clause will be invoked immediately.
Late PaymentsWe understand you may have a late payment due to insufficient funds or an expired credit card, we understand this and will email you reminding you that your payment was missed. Any and all payments that are 30 days past due will cause your site to freeze immediately. Once billing is re-established and all past due balances paid we will re-activate your site. Upon re-activating your website due to nonpayment, a $50 reactivation fee will be charged to your account.
Delinquent and Defaulted PaymentsIf you are delinquent for more than one month in your billing, your website will be automatically frozen. If your billing reaches three months of delinquent payments your billing contract will be considered to have defaulted and the full balance of your remaining contract will be due in order to get your website back online.
Moving Forward After the Initial Contract is CompletedOnce your contract is up your monthly billing will automatically drop to the base minimum of $150 per month. This is our month-to-month ongoing website hosting and maintenance cost. If you wish to cancel your billing after the 24-month period you are free to do so. If you choose not to cancel you will automatically continue in our month-to-month ongoing website maintenance plan. Here are the two possible actions you may choose after your 24-month plan is completed.
Option 1.No action is necessary, you will automatically move to our month-to-month maintenance plan. From here you can enjoy the benefits of having peace of mind knowing that we will actively host and maintain your website for $150 per month. You will automatically roll into our month-to-month service after 24 months and can be canceled at any time.
Option 2.Cancel all services with KangoMedia Web Design. We can package up your website files and deliver them over to you to host, manage, and maintain your own website moving forward. You will have a grace period of 2 weeks once your contract is up to move your website to another hosting provider if you do so choose.
Fair UseWe do not put limits on our free features such as Email notification, SMS notification, and CRM automation, that being said we do invoke a fair use policy for these free services. If your website requires more than 300 SMS notifications or 300 CRM automation runs per month, your website thus requires enterprise-level service. We will scope out your needs and determine a fair price to provide these services at such a high level of expenditure.
We Reserve the Right to Refuse Service to AnyoneWe reserve the right to at any time sever our contract with any client for any reason we deem reasonable. This is extremely rare but in the event that our company decides that it is not fruitful for either party to remain in contract with each other, we reserve the right to break that contract. If KangoMedia Web Design ends your contract you are not liable for any cancellation fees and you are free from all clauses within this contract. If we do decide to end this Agreement we will cancel your billing and shut off your website. If you wish to take over your website you may do so by paying off the remainder of your contract, we do not in any way wish to keep you from having your website. If you do pay off the remaining balance of your website we will then package up the website files and deliver them over to you to host and manage thereafter.
Governing Law/ ForumThis Agreement shall be construed in accordance with the internal laws of the State of Texas, without regard to conflict of law principles. The venue shall be in a court of competent jurisdiction in the State of Texas, Hidalgo County, and both parties expressly consent to jurisdiction in such courts.
Attorney FeesIn any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.
IndemnityEach party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third party claims, demands, liabilities, costs, and expenses, including reasonable attorney’s fees, costs and expenses resulting from the indemnifying party’s material breach of any duty, representation, or warranty under this Agreement.
SeverabilityIf any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement.
The Dotted LineBy signing this contract, you agree to the terms and conditions outlined by KangoMedia Web Design and agree to fulfill any and all payments enclosed in this document.
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