Monthly Website Plan Agreement

SUMMARY

You are hiring, Barb Henry, to build a WordPress website. This comprehensive package includes hosting, website design, and management to keep your site running smoothly.

SCOPE OF WORK

Specifically, the Website Design Project will include:

• Professionally designed WordPress website which is responsive on all modern devices.
• Premium website hosting.
• Initial site consultation to provide a preliminary view of how the website will take shape and discuss layout, color preferences, font preferences, functionality, etc.
• Layout of base page layouts, site navigation, and design elements dependent on the clients preferences with a focus on providing the best user experience.
• Includes creation of up to 10 pages plus blog using client supplied content.
• Professional licensed website images, if needed.
• Text logo creation, if needed.
• If requested, will provide guidelines and instruction for adding content, images, basic search engine optimization, and regular site management.
• Full website management including unlimited support, backups, security, updates, and basic search engine optimization as long as you maintain an active subscription to this plan.

CLIENT RESPONSIBILITIES

• Client is responsible for securing domain name.
• Client is responsible for providing website content.
• Client is responsible for securing a domain email provider (optional).
• Client is responsible for securing an email marketing service (optional).
• Client is reponsible for legal policies and privacy requirements.

TERMS

I can’t guarantee that my work will be 100% error-free and I can’t be liable to you or any third-party for damages, including lost profits, lost savings, or other incidental, consequential or special damages. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Availability. I am available by email, phone, and Zoom Monday through Friday from 8:00 am to 5:00 pm Central Time and do my best to respond to your messages the same day or within 24 hours. Email is my primary means of communication.

What is Included in Monthly Management. Premium website hosting, security, daily backups, software updates, unlimited content edits, and unlimited support is included at no charge during the 12-month Monthly Website Design Plan. Upon expiration of the initial 12-month term, you are automatically subscribed to an ongoing Website Management Plan for $75 per month.

Cancellation. Once the initial 12-month Website Design Plan has expired and you are on an ongoing management plan, you may cancel this contract at any time, by informing me in writing at least one (1) month in advance. Likewise, I can cancel this contract any time, by informing you in writing at least one (1) month in advance. By cancelling your Website Management Plan, you are also cancelling your website hosting and you will need to make arrangements to host your website elsewhere.

Changes to the Project Scope. I recognize that you may have new ideas which you may want to include later on, and I’ll be able to accommodate most of these changes for you. If the desired changes involve extensive development or software changes that are not provided for in the existing project, I will provide a separate quotation to cover this work.

Browser Testing and Compatibility. Browser testing no longer means attempting to make a website look exactly the same in browsers of different capabilities or on devices with different size screens, settings, or resolutions. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device. I test my work in the modern versions of major desktop and mobile browsers.

Third Parties. I will not be held responsible for any problems or delays caused by a website hosting company, domain registrar, email marketing service provider, merchant account provider, or other third-party vendors.

Copyrights. You guarantee that all elements of text, images or other artwork you provide are either owned by you, or that you have permission to use them. WordPress is open-source and uses the GPL license, so you are also free to use the code I provide in any way you choose.

Ownership Rights and Confidentiality. During the course of this Agreement, it may be necessary to share proprietary information, including trade secrets, industry knowledge, and other confidential information, in order to complete the website in its final form. I will not share any of this proprietary information at any time, even after the Agreement is fulfilled. I also will not use any of this proprietary information for my personal benefit at any time, even after the Agreement is fulfilled.

Portfolio Inclusion. I love to show off my work and share what I have created with other people, so I reserve the right, unless you specifically object, to display and link to your project as part of my portfolio.

Legal Pages and Privacy Requirements. Depending on the nature of your site and your location, legal pages such as Privacy Policy, Terms of Service, Disclosures, etc. may be required by government entities, vendors, or licensing agencies. It is the sole responsibility of the client to determine whether such pages are required.

Email Deliverability. Occasionally your website will send email when certain events occur such as lost password, etc. These emails are automatically generated by WordPress and may be filtered as spam or not delivered at by email providers. I cannot control receipt of email and cannot be held responsible for any emails not delivered for any reason. It is the client's responsibility to regularly check spam folders and website forms for any notifications not delivered to the client's inbox.

Disclaimer of Warranties. I shall create a website for your purposes and specifications. I do not represent or warrant that the website will create any additional profits, sales, exposure, brand recognition, or the like. I have no responsibility if the website does not lead to your desired result(s).

Limitation of Liability. Under no circumstances shall either party be liable to the other party or any third party for any damages resulting from any part of this agreement such as, but not limited to, loss of revenue or anticipated profit or lost business, costs of delay or failure of delivery.

Conflict Resolution. This website development services agreement shall be governed by the prevailing laws of the state of Iowa. Should any conflicts arise related to this agreement, the Parties agree to seek a suitable resolution through a neutral arbitrator, whose ruling shall be considered final and binding on both parties.

This Agreement. Client and Barb Henry are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither Client or Barb Henry has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.