Website Design Agreement
By purchasing one of our Ready to Go Websites or our Custom Websites, you (The Client) are agreeing to the terms and conditions outlined in this Website Design Agreement.
This Website Design Agreement (“Agreement”) is being made between The Client (that’s “You”) and Invested Web Solutions (that’s “We” or “Us” or “The Designer”). Invested Web Solutions and The Client (You) may also be referred to as “Party” or together as the “Parties”.
You want a website and We can’t wait to build it for You. We will provide You with the following services (“Services”) in a timely and professional manner.
Description of the Services: The design process consists of three (3) phases: Research & Planning, Design & Build, and Polish, Review & Launch. In the Research and Planning phase, The Designer will do research on The Client’s field of service and industry in order to provide a fitting website for The Client. In the Design & Build phase The Designer will create digital artwork for the outlined webpages and integrate the images and text content. In the Polish, Review, & Launch phase The Designer will submit the website to The Client for final approval, setup Google Search Console, and setup Google Analytics (if applicable).
The website will have the number of pages that We and The Client agree upon.
The Designer will register the domain name for The Client’s website (if applicable).
The Designer will provide web hosting for The Client’s website through a third-party hosting provider (if applicable).
The Client will provide all text content and images/graphics to be used on the website to The Designer. If The Client is not able to provide images/graphics, We will use stock images instead. If The Client is not able to provide text content, We will provide text content at an additional rate of $100 per webpage (not including the Contact page).
The Designer will install WordPress and any other necessary plugins to accommodate the website.
The Designer will build the WordPress website with a WordPress theme and Elementor page builder.
The website will work will all Grade-A browsers as well as mobile devices.
If You, The Client, decide You want to make any major changes to the Services listed above, don’t worry because We can change the scope of the Services for You at any time. To update the scope of the Services, all You have to do is let Us know what You would like to change by filling out a simple form called a “Change Order”. The Change Order will explain what You want Us to do differently. If the new Services are going to require a bit more work for Us, then both Parties will have to agree in writing to an updated cost for the Services.
Speaking of costs…
Cost & Payment
The cost for the website design services is dictated by the number of pages that the website will have. This price for the website design services is reflected on our website (investedwebsolutions.com) when The Client selects the website details that they want. After The Client selects the details of their website design service, and they view the total price, they are required to immediately pay 25% of the total price as a down payment. The completion of this down payment schedules The Client’s website design services and opts The Client and Invested Web Solutions into this Website Design Agreement. The next 25% of the total price is due once the initial mock up design is approved by The Client. The remaining 50% of the total price is due once the website Services are completed and The Client’s website is launched.
Payments will be due 14 days after each invoice is sent.
We will send an invoice to The Client for each payment to be made via email or The Client may opt-in for automatic monthly payments. Payments will be made by The Client using a credit card or debit card.
All payments are non-refundable.
To complete the Services listed above, We, The Designer, will need around 3 weeks from beginning to end, not including any delays in feedback or approval of materials from You, The Client. If The Client delays or fails in providing Us with the necessary content to design the website or approve the design, We will not be held accountable for failing to meet the deadline. The estimated timeline is as follows:
Research & Planning: 3-4 business days
Design & Build Website: 6-7 business days
Polish, Review & Launch Website: 4-5 business days
Please note: The timeline for our Ready to Go Website services can be much shorter in length because the amount of work involved is drastically reduced.
The Client is entitled to 2 revisions of the website design. Any revisions beyond the 2 will be charged at an agreed upon price between The Client and Invested Web Solutions.
The Client acknowledges that if We create a new website for You or redesign The Client’s current website, Invested Web Solutions does not guarantee any specific results concerning search engine position/rankings or website traffic. While We expect positive results, We will not be held liable for any negative results such as a decrease in search engine position/rankings or a decrease in website traffic. Invested Web Solutions has no control over search engines or directories with respect to where they rank/position certain websites and web pages.
The Client continues to own any and all proprietary information it shares with The Designer during the term of this Agreement for the purposes of the Project. The Designer has no rights to this proprietary information and may not use it except to complete the Project. Upon completion of the Agreement, The Client will own the final website design.
While The Designer will customize The Client’s Website to The Client’s specifications, The Client recognizes that websites generally have a common structure and basis. The Designer continues to own any and all template designs it may have created prior to this Agreement. The Designer will further own any template designs it may create as a result of this Agreement.
Intellectual Property Infringement
We warrant that We, The Designer will not knowingly infringe on the copyright or trade secrets of any third party in performing services under this Agreement. To the extent any material used by Us contains matter proprietary to a third party, We shall obtain a license from the owner permitting the use of such matter and granting Us the right to sublicense its use. We will not knowingly infringe upon any existing patents of third parties in the performance of services required by this Agreement. You, The Client guarantee that You have the legal right to all elements of text, photographs, and anything else that You provide to Us and that You will not hold Us responsible for any third-party claims. You will indemnify Us from any claims resulting in losses, damages, liabilities, costs, charges, and expenses, including reasonable attorney fees, arising out of any breach of any of The Client’s representations and warranties contained in this Agreement. For such indemnification to be effective, however, We must give You prompt written notice of any such claim and provide You such reasonable cooperation and assistance as You may request in the defense of such suit. You will have sole control over any such suit or proceeding.
Limitations of Liability
Your liability to Us is only for the costs payable under this Agreement. You will not be liable to Us, or any third-party, for damages like lost profits, lost savings, incidental damages, consequential damages, or special damages.
Termination of Agreement
If either Party fails to follow through with their responsibilities or obligations under this Agreement, the other Party can end this Agreement by giving a ten (10) day written notice. This Agreement will automatically terminate when both Parties have performed all of their obligations under the Agreement and all payments have been made. Hopefully there won’t be any disputes among us, but if there are….
Negotiation: We want to work this out. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation.
Mediation/Arbitration: If talking it over doesn’t go well, either Party may initiate mediation or binding arbitration in a forum mutually agreed to by the Parties.
Litigation: If litigation is necessary, this Agreement will be interpreted based on the laws of the State of Colorado, regardless of any conflict of law issues that may arises. The Parties agree that the dispute will be resolved at a court of competent jurisdiction in the agreed upon State.
Attorney’s Fees: The prevailing party, or “winner” as non-lawyers call it, will be able to recover its attorney’s fees and other reasonable costs for a dispute resolved by binding arbitration or litigation.
This Agreement puts the Parties entire understanding of the Services to be performed and anything else the Parties have agreed to in black and white (literally). This Agreement supersedes any other written or verbal communications between the Parties. Any subsequent changes to this Agreement must be made in writing and signed by both Parties.
Let’s Shake Hands
By choosing to purchase our Ready to Go Website or Custom Website design services and paying the 25% down payment, The Client acknowledges that they have read and understand this Website Design Agreement and agree to be bound by its terms and conditions.