Website Design & Build Agreement
By purchasing our Black Friday Sale Website you are entering in the below agreement.
Thank you for taking the time to review the below.
Black Friday Website Design + Build Agreement
This WEBSITE AGREEMENT (“AGREEMENT”) is being entered into by person purchasing the Black Friday Website Design & Build Sale Product (“CLIENT”) and EVIE STUDIOS’ (“MARKETING FIRM”). CLIENT is hiring MARKETING FIRM to design and develop a maximum 10 page website in exchange for the payment(s) described in this Agreement. This Agreement describes in detail the responsibilities of each of the parties in completing this project.
Each party has had an opportunity, before entering this Agreement, to review these terms in detail and make sure that they properly reflect the parties’ full agreement. To their best understanding, this document includes the full scope of responsibilities that each party expects the other to perform to complete this project.
MARKETING FIRM & CLIENT AGREEMENT
This agreement becomes active upon purchase payment then continuing for term checked below thereafter. Shall a client want to cancel EVIE STUDIOS services, he/she shall notify EVIE STUDIOS by email. No refunds can be provided unless services are not fulfilled due to EVIE STUDIOS lack of completion NOT if the client cancels. This Agreement is entered into and effective as of the date the purchase has been made.
1. MARKETING SPECIFICATIONS & SCOPE:
EVIE STUDIOS provides Website Design and Build Out as a one time payment and service. An on-going maintenance and service will be provided by EVIE STUDIOS if CLIENT chooses to build website through EVIE STUDIOS custom platform.
Website Design and Built Out services include:
45b Minute Consultation Call
Website Warranty (only if built on Evie Studios’ platform)
Up to 10 Pages for your site (more can be added in the future)
Desktop, Mobile & Tablet responsiveness
Secure Monthly Hosting (only if built on Evie Studios’ platform)
Monthly Maintenance (only if $89/mth plan selected)
Site wide Copywriting
Animation, Stock Images & Video Design
5x Revisions Included Before Published
One-time Investment: $289 Australian Dollars
If Client selects "Host on Evie Studios for $49/mth (first month FREE)" option before checkout then Client agrees to pay the $289AUD plus the $49AUD a month, every month the website is live. The client will receive the first month (30 Days from Website going live) free. Every month thereafter will require an automatic payment of $49AUD before the next monthly period in order to keep the site live. If client's payment fails on the monthly cost their site will be taken down without notice until payment is cleared. This does not include any ongoing maintenance or revisions, changes or ongoing work from Evie Studios, however the client will have access to the drag and drop builder to make changes themselves. It is important to note that websites made on the Evie Studios platform cannot be transferred in its entirety to a different platform such as SquareSpace, Wix, WordPress, etc. This site is not able to be owned in full by the client because of this. We can re-create a site in a different host from $499 with $49 a revision.
If Client selects "Host on Evie Studios with Personal Coder On Demand for $89/mth (first month FREE)" option before checkout then Client agrees to pay the $289AUD plus the $89AUD a month, every month the website is live. The client will receive the first month (30 Days from Website going live) free. Every month thereafter will require an automatic payment of $89AUD before the next monthly period in order to keep the site live. If client's payment fails on the monthly cost their site will be taken down without notice until payment is cleared. This includes monthly maintenance and ongoing work provided by Evie Studios. Clients can request up to 5 changes to the website per month including additional pages made, image changes, copywriting changes (provided by client), etc. It is important to note that websites made on the Evie Studios platform cannot be transferred in its entirety to a different platform such as SquareSpace, Wix, WordPress, etc. This site is not able to be owned in full by the client because of this. We can re-create a site in a different host from $499 with $49 a revision.
If Client selects "Host on external server/ platform such as SquareSpace, Wix, WordPress" option before checkout then Client agrees to pay the $289AUD and tell us the platform in which they'd like Evie Studios to create the website in. Once the third-party platform has been chosen it cannot be changed. Client acknowledges that this third-party platform has no relation to Evie Studios and will have it's own ongoing costs, terms & conditions and limitations that Evie Studios is not responsible for nor will they be held liable for. This purchase does not include any ongoing maintenance or revisions, changes or ongoing work from Evie Studios.
2. RESPONSIBILITIES OF MARKETING FIRM
MARKETING FIRM will keep CLIENT updated on activities and progress at reasonable intervals, and reasonably respond to inquiries regarding progress. MARKETING FIRM will allow CLIENT to propose modifications to design and content within the scope of the specifications and scope.
3. INTELLECTUAL PROPERTY RIGHTS
CLIENT guarantees that any elements of text, graphics, photos, designs, logos, trademarks, service marks, artwork, or video that it provides to the MARKETING FIRM for inclusion in the campaign are either owned by CLIENT, or that CLIENT has permission from the owner to use them on the campaign. Likewise, MARKETING FIRM guarantees that any elements of text, graphics, photos, designs, logos, trademarks, service marks, artwork, or video that it includes in the campaign has either been provided by the CLIENT, or is owned by MARKETING FIRM, or used with permission of the owner.
4. MODIFICATIONS TO THE AGREEMENT
The Parties understand that sometimes circumstances change after an agreement is
entered into that may affect the scope of work or the cost of performing the agreement.
The Parties agree to the following procedures in this event. Any significant modification to
the scope of work to be performed by MARKETING FIRM must be agreed to by both parties
in writing (email confirmation is acceptable). Any future modifications of content or other
maintenance outside the scope of the approved buildout is billable at $60 hourly unless
otherwise agreed upon.
5. Terms Of Sale.
You hereby ratify your understanding that all services provided are non- refundable and waive any rights to charge-back your purchase with your credit card processor. Client and Service Provider are in agreement that circumstances or conditions sometimes arise that warrant or necessitate termination of the Client-Service Provider working
relationship. In view of this possibility, both Client and Service Provider agree that should the relationship terminate, it will be done so in an amicable fashion, maintaining an attitude of cooperation and professional demeanor, with respect for the reputation and dignity of the other party.
If notice of termination is given by either Client or Service Provider, no new work shall be initiated, but any work previously authorized by Client up to the point of receipt by Service Provider or Client of termination notice shall be completed.
6. GENERAL CONTRACT TERMS
The Parties each represent that they are authorized to enter into this Agreement. The parties are not intending this Website Design & Build Agreement to create a partnership, agency, employer-employee, joint venture, or franchise relationship between MARKETING FIRM and CLIENT. In the unlikely event that the Parties later have a dispute about the meaning of this
Agreement or whether one or the other failed to meet their responsibilities under This Agreement, the Parties agree to the following:
(a) The complaining party will provide a written explanation of their dispute to the other party, and the parties will then, within seven (7) days, in good faith discuss the dispute and seek a mutually acceptable resolution. If the dispute has not been resolved within thirty (30) business days after such good faith discussions begin, either party is free to assert its rights in court, if they choose.
(b) In the event of such a dispute, the parties agree that this Agreement would be interpreted in accordance with the laws of the State of New South Wales (understanding laws are interpreted differently from state to state).
By purchasing the Black Friday Sale Website Design & Build you agree entirely to this written agreement & confirm you have read and understood these conditions and terms laid out.