Terms and Conditions
The above-named business, also hereby known as “Partner” is engaging King Web Agency, a Wisconsin Limited Liability Corporation, also hereby known as “Agency” for the specific purposes of developing a Website, Social Media, or Internet Marketing program. The Partner hereby authorizes Agency to publicize their completed Website to search engines, as well as other Web based directories, indexes, and their own Portfolio display online upon final signed approval. Partner also authorizes Agency to access Partner’s web hosts, FTP accounts, databases, or any other applicable service in order to render services.
2. Additional Expenses.
If Agency runs into significant or out of the ordinary issues that may require additional expenses, Agency and Partner agree to discuss these potential expenses prior to Agency moving forward. If Partner agrees to move forward, there will be a separate negotiation pertaining to Partner reimbursing the Agency for any additional expenses necessary for the completion of the project. Typical hourly fees are billed at $75.00 per hour above the scope of the agreed upon project.
3. Partner Amends / Changes.
Agency prides itself in providing excellent customer service. That is the spirit of our agreement and the spirit our Agency. We encourage input from the Partner during the planning and design process. Agency understands, however, that Partner may request significant design changes to pages that have already been built to the Partner’s specification and approved by the Partner. To that end, please note that our agreement does not include a provision for significant page modification to materials previously approved by the Partner. However, if this circumstance does arise – it will be at the Agency and Partner’s discretion to negotiate any additional fees, if necessary, at that time. Typical hourly fees are billed at $75.00 per hour above the scope of the agreed upon project.
4. Search Engine Registration and Optimization.
The Agency will optimize the Partner’s Website with appropriate titles, keywords, descriptions and content and thereafter submit the Partner’s Website to each of the major search engines.
5. Social Media / Internet Marketing
Social Media / Internet Marketing requires a minimum 3 month commitment. This ensures time for the marketing program to populate the internet. Partner understands that after the initial 3 full month period, the marketing program services are rendered on a successive month to month basis. Partner understands that a 30 day written notice is required to cancel and service fees may be prorated. Partner will also provide all necessary Social Network login information and authorizes Agency to access the specified Social Networks for the purpose of Social Media Marketing. This service is optional.
6. Work Schedule and Completion Date.
Agency to submit a First Mockup Draft of Website after Agency receives signed agreement with payment, questionnaire, and initial direction from Partner. Partner is to provide Agency with all the data needed to complete the Website, including text, company logo, and photos. Upon completion of this stage, the Partner will be asked to confirm acceptance for the basic site design via email. Once this acceptance is received from the Partner, the work necessary to complete the project will continue. Upon completion of the Website, an email and invoice will be sent to the Partner advising that the work has been completed. Partner will supply written approval of the Website by email. After which, final payment of project will be paid by Partner prior to the site being uploaded to the live server.
Should Agency and Partner experience any disagreement of services, project guidelines, expectations, or other issues related to the project and both parties are unable to come to a mutual resolution, Agency and or Partner may exercise their right to cancel this agreement at any time with written or verbal notification. Agency and Partner have the option to hire an attorney and/or settle the dispute through mediation. If mediation fails, the parties may agree to submit to binding arbitration, with the forum and venue being Saint Croix County, WI. AAA rules apply.
Partner agrees that should either party exercise the right to cancel this agreement, any monies already paid to Agency for their services will be forfeited and no refund will be provided back to Partner. Agency will then prepare any and all files albeit, electronic, digital, print, or otherwise, and provide it to the partner within 30 days of cancelled agreement.
8. Copyrights and Trademarks
The Partner represents to Agency and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Agency for inclusion in web pages are owned by the Partner, or that the Partner has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Agency and its subcontractors from any claim or suit arising from the use of such elements furnished by the Partner.
9. Assignment of Project.
The Agency reserves the right to outsource and/or assign certain subcontractors to this project to insure the right fit for the job as well as on-time completion. The Agency warrants all work completed by subcontractors for this project. When subcontracting is required, the Agency will only use industry recognized professionals.
10. Warranties and Liability.
Partner agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or the Agency. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. Partner hereby agrees to indemnify and hold harmless the Agency from any claim resulting from the Partner’s publication of material or use of those materials. Partner agrees to Agency’s Terms of Service, viewable at https://kingwebagency.com/terms-of-service.
Agency does not warrant the functions of the site will meet Partner’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted. Agency or its affiliates are not to be held responsible for occasional downtime of email or Website due to line interruptions and/or other instances beyond Agency’s control. Agency is also not responsible for loss of email due to spam filtering or other technical issues. Agency offers a free 30-day warranty on minor fixes or content modification. This does not include major design or content changes, or installation of additional plugins or software.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
11. Laws Affecting Electronic Commerce.
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Partner agrees that the Partner is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend the Agency and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Partner’s exercise of Internet electronic commerce.
12. Ownership to Web Pages and Graphics.
Copyright to the finished assembled work of web pages and graphics produced by the Agency shall be vested with the Partner upon final payment for the project. This ownership is to include, design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of the Partner for completion of this project. Agency and its subcontractors retain the right to display all designs as examples of their work in their respective portfolios.
13. Confidentiality and Nondisclosure.
Both Agency and Partner agree to hold confidential, proprietary information or trade secrets (“confidential information”) in trust and confidence and agree that it shall be used only for the contemplated purposes, shall not be used for any other purpose, or disclosed to any third party. No copies will be made or retained of any written information or prototypes supplied without the permission of the other party. The undersigned agrees to the terms of this agreement on behalf of his or her organization or business. Authorized representative of the Partner certifies that he or she is at least 18 years of age and legally capable of entering an agreement on behalf of the Partner. The Partner’s right to use the work is conditioned upon receipt of payments as outlined below, and upon Partner’s compliance with the terms of this agreement.