Last Updated: October 12, 2020
1. Authorization & Engagement
The above-named Client (hereinafter referred to as “Client”) is engaging Thrive Today Media LLC (hereinafter referred to as “Designer”) as an independent contractor for the specific purpose of building and optimizing a website, herein after referred to as “The Project”, to be published on the Client’s account on an Internet Service Provider (ISP), herein after refer to as “Hosting Service”, or provided on compact disc at the Client’s option. The Client hereby authorizes Designer to access this account, and authorizes the Hosting Service to provide Designer with “full access” to the Client’s account, and any other programs needed for The Project that are included as part of the Client’s service agreement/level. The Client also authorizes Designer to submit the completed Project to major Web Search Engines. This agreement shall be effective on the date it is signed by the Client.
The Client agrees to pay the full agreed-upon price to Designer for the delivery of The Project. Pricing for this project is based on the scope of work required for the The Project and is specific to The Project only. If the Client desires to add or subtract any items from the Project listed in the Proposal, the Client understands the price will adjust accordingly.
The Client agrees to pay a deposit of 50% of the price of The Project upon completion of this agreement and understands Designer will not begin work until this payment is received. The Client also understands that this initial deposit is non-refundable. The remaining balance due on The Project is to be paid upon completion of The Project. The Client understands that the content of The Project will not be uploaded to the Client’s Hosting Service until Designer receives all payments in full. All monies collected by Designer are non-refundable. Client understands that payments to Designer shall not be contingent on payments received by Client from a third party.
4. Project Workflow and Timeline
Designer and the Client must work together to complete The Project in a timely manner. Designer agrees to work expeditiously to complete The Project and adhere to the timeline in The Proposal. Client agrees to meet deadlines for their deliverables as outlined in The Proposal.
5. Development & Compatibility Warranty
Every effort will be made by Designer to ensure that the design, layout, and functions of The Project will be compatible with the latest version of all major modern web browsers (Internet Explorer 8+, Firefox, Chrome, Opera and Safari). Designer agrees to supply a 30 day warranty on The Project should browser specifications change and render The Project incompatible with a specific browser. All necessary changes to make this Project compatible with the major browsers will be completed free of charge by Designer within 30 days after the completion date.
6. Web Hosting
The Client has the option of choosing any Web Hosting provider to host the content of this Project, as long as it is compatible with the programming code necessary to complete the project. The Client understands that the Client is the owner of the hosting space and domain name and that Designer is in no way responsible for the performance of the hosting account, regardless of who the hosting provider is.
7. Client Responsibilities, Copyrights and Ownership
The Client is solely responsible for ensuring that all images, text, and other Project elements that the Client requests to be placed in this Project are free from copyright and that the Client has the appropriate rights to use those elements. Designer retains the copyright of the design indefinitely and retains ownership of the Client’s Project until such time that the final payment has been received and cleared by Designer’s banking facilities. Designer reserves the right to remove any published Web design project in the case of defaults on payments. Should the Client’s payment be reversed or otherwise canceled, the copyright ownership of this Project reverts back to Designer and this document shall serve as sufficient authorization to have this Project removed from any third-party web hosting company until the account is paid in full. The Client agrees to hold harmless, protect, indemnify and defend Designer and his subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
8. Confidential Information
The Client understands that Designer agrees that any information received by Designer in accordance with this agreement, which concerns the personal, financial, or other affairs of the Client will be treated by Designer in full confidence and will not be revealed to any other persons, firms, or organizations.
9. Electronic Commerce Laws
The Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Project or any other services completed by Designer herein.
10. This Agreement.
This agreement, along with a signed Proposal, constitutes the total agreements between Designer and the Client regarding this Project. Any additional work not specified in this agreement and associated Proposal or any other amendment or modification to this agreement must be authorized by a written request signed by both Client and Designer.
The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.