15 Page - Air Designer CMS - Website Service Agreement
By submitting payment you agree to the following terms and conditions.
The Website Service Agreement (“Agreement”) is effective between Winterhoff Internet Solutions, Inc. and the Payor. In this Agreement, the party who is contracting to receive services as indicated by the payment shall be referred to as “the requester” and the party who will be providing the services shall be referred to as “the service provider”.
1. DESCRIPTION OF SERVICES. “The service provider” will provide services as detailed on the attached quote. Services will be performed during “the service provider” normal business hours.
2. PAYMENT OF SERVICES. “The requester” will pay a total amount denoted on the payment agreement provided.
3. TERM/TERMINATION. “The service provider” will perform the said services for the duration of the project as detailed on the attached quote. After this period services will be performed on as needed basis at the non-discounted service rate. Termination of services is outlined in Paragraph 9.
4. RELATIONSHIP OF PARTIES. It is understood by the parties that “the service provider’s” company is an independent consultant with respects to the “the requester” and not an employee of the “the requester” or its Clients. “The requester” will not provide compensation beyond the compensation outlined in the attached quote to “the service provider” company agents and/or employees.
5. LIABILITY OF PARTIES. The “liabilities” of “the requester” are outline in 5.a. & 5.b. and the responsibilities of “the service provider” are outlined in 5.c & 5.d.
a. “The requester” is the owner and publisher of the content, as such is liable for accuracy of the content, and for securing the ownership to rights to use photography, content, and graphics used in the this project, and any additional liabilities as detailed on the attached quote.
b. “The requester” is liable for compliance with all local, state, federal, and international regulations and/or requirements.
c. “The service provider’s” liability is applicable only to the extent for which services provided are require to complete the agreed upon project this includes, technical services, program code written by “The service provider”, but “The service provider’s” liability does not include any service, product, or code provided by a third party service provider used in the project.
d. “The service provider’s” liability only extends beyond the publish date in compliance with paragraph 8 “Warranty of Services” and additional liabilities as detailed on the attached quote.
6. CONFIDENTIALITY. Except as required by the Ohio Public Records Law pursuant to R.C. Section 149.43 “the service provider” will not at any time or in any manner, either directly or indirectly, use for the personal benefit of “the service provider”, or divulge, disclose or communicate in any manner any information proprietary to “ the requester” or its Clients. “The service provider” will protect such information and treat it strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Confidential information includes, but is not limited to, trade secrets, insider information, password lists, security protocols, any spreadsheet, or computer generated data regarding the projects or business.
7. RESPONSIBILITIES OF PARTIES. The responsibilities of “the requester” are outline in 7.a and the responsibilities of “the service provider” are outlined in 7.b.
a. “The Requester “will provide access to information and content required to fully complete this project as requested by “the service provider” in a timely manner as not cause delay in the deadline of the project.
b. “The service provider” will provide the labor to full fill the said services and coordinate with any necessary third party vendors, required to complete the project.
8. WARRANTY OF SERVICES. “The service provider” will warrant against, browser incompatibility for a period of one year from the date of completion of the project. Browser incompatibility is described as 10% of the sites intended features not functioning in all of the top four web browsers, as denoted by the client own site analytics. This does not include layout issues, due to compatibility with user customization and/or system specific fonts, nor does it extended to any third party service or browser “plug-in”.
9. TERMINATION OF SERVICES. This Agreement shall be terminated immediately upon the receipt of written notice by the requestor or the service provider for any reason. This does not in any way forfeit balances due or reduce the balances incurred by the “the requester” for work performed by “the service provider” or any damage incurred due to breach of any obligation herein set forth of the service provider..
10. ENTIRE AGREEMENT. This is the entire Agreement between “the requester” and “the service provider”. This Agreement may be modified only by a written amendment signed by both parties.
11. PROJECT CHANGES: If project requirements change during the course of development, additional fees may be required to finish the project. All fees will be discussed and agreed upon by both parties before the work is performed.
12. MISC NOTICES: To ensure site performance all sites must be hosted with an approved hosting facility at the discretion of Winterhoff Internet Solutions, Inc. Quoted prices DO NOT include writing services, stock photography, or videography services. Inquire for details.
13. HOSTING: Is to be paid monthly at a price of $25/mo for per website subscription starts the day the site is published, you must also abide by the terms and conditions here : https://airdesignercms.com/terms-conditions
Payment is your Digital Signature to this Agreement.
Total Project Cost is $3599
This Transaction Is just the First Payment of 1/2 ($1799.50) today for the Start of the Project.
A Second Payment of 1/2 ($1799.50) Will be Processed the day the Project is Published.