Below is our standard customer contract, it can be altered by putting in writing the appropriate changes requested by either party before placing an order
By default, this contract will come into effect at the time of a written order or verbal agreement by the Client to commence work.
A written version of this contract is available upon request.
1. Authorization. Between the Client & serva – located at 3540 Pebble Hill Road, Waycross GA 31503
(herein referred to as the serva) to work on all or some of the following:
developing a website, website hosting, seo, promotional material both ready for print or electronic artwork for the Client for their domains.
The Client authorizes use of their logo & all brand identification in the creation of the website or from the above categories. The Client can authorize serva to purchase a new domain, stock photography, & any other services or materials required for the express purpose of the creation of their website/work.
With an existing website the Client authorizes serva to access Client’s web host server to upload & download files as needed from the Client directory for the purposes of creating a new website.
2. Fees. Fees for website service and maintenance are $40 per hour. As a rule, upon an agreed figure, serva require a 50% up front payment with the balance upon completion. For our serva+ websites, these are paid on a monthly basis. A final bill will be mailed to the Client upon completion.
3. Estimate. If the Client requests an estimate for services to be rendered and work is initiated on this figure, the Client’s approval shall be obtained in writing for any increases in fees or expenses that exceed the original estimate by 10% or more. serva will not proceed with any work that would exceed the original estimated total until receiving written approval from Client for the new estimated total.
4. Completion. serva will submit final website to Client for approval in writing. If necessary, serva will submit final website to search engines when both Client & serva agree that website is ready for submission to search engines & directories.
Time required to make changes to website after serva has already received final Client approval of the website will be added to the final bill. If Client has already received the final bill, time required to make changes to website after Client
approval will be submitted to Client as a separate bill.
5. Payment Terms. Until payment is received in full, serva owns the website design & any files created for the website. Once serva has received payment in full, the website ownership is transferred to the Client. serva will bill client monthly for work performed on an hourly basis at the rate of $40 per hour. Any deposits paid by Client will be credited against serva‘s fee for each monthly billing cycle. After all credits have been applied for Client’s deposit(s), payment for work done through the time of invoicing is due upon receipt of invoice.
6. Default in Payment. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
7. Expenses. The Client shall reimburse serva for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment.
8. Deadlines. serva agrees to have Client’s website completed no later than one month. This deadline can be reached only if the Client has provided all necessary graphics, text content, & logos to serva in ample time to complete the task. serva shall not be held responsible for delays to site development arising out of Client’s delays in providing graphics, text & logos to serva.
If website is not completed in time due to lack of Client assistance, serva may
a) Extend the project deadline or
b) Close the project & bill Client for work completed at $40 per hour, or
c) serva will create a website using all content that has been provided, & send a final bill for work completed to meet the project deadline.
9. Copyright. The Client represents that all website content including logos, trademarks, photos, illustrations, audio, video, & written content provided to serva are owned by the Client, or the Client has received explicit permission for use, & do not violate United States copyright law.
Client has also received permission from all individuals photographed to be shown on the web. Each person in photos going online understands that their face will be seen on the Internet. Any names & contact information placed on the website also have been provided with consent from each individual.
Client agrees to indemnify & hold serva Web Solutions harmless against all claims, including but not limited to claims of copyright or trademark infringement, violations of the rights of privacy or publicity or defamation, arising out of use of the work.
10. Ownership of Copyright. serva acknowledges and agrees that the Client retains all rights to copyright in the subject material.
11. Ownership and Return of Artwork. All content created by serva and/or their subcontractors for the Client are the property of the Client. Client hereby grants to serva the right to use the work for demonstration of past work performed via portfolio or advertising.
12. Cancellation of Work. In the event of cancellation of this assignment, ownership of all copyrights and any original artwork shall be retained by the designer/serva.
By Client: Client may cancel work on the website at any time by submitting notice to serva via certified mail. serva will halt work upon receipt of certified letter from Client requesting cancellation. At that time, Client will be responsible for paying for all work completed prior to serva’s receipt of cancellation request. Work completed shall be billed at an hourly rate of $40 per hour. If, at the time of request for refund, work has been completed beyond the amount of work paid for by the
initial payment, the Client shall pay for work completed.
By The Company: serva reserves the right to refuse service and cancel a website project if necessary, in which case, the balance of the initial payment will be returned to Client after all applicable fees have been deducted for work completed. serva may cancel project for any reason she deems necessary, including but not limited to Client not providing necessary information, text and graphics in a timely fashion to serva.
13. Internet Hosting. Hosting if provided by serva &/or a sub contractor assigned by serva. If the Client uses our hosting services (compulsory in the case of serva+ accounts) serva can not be held responsible for any down time or loss of sales due to this, but serva will ensure regular service as fast as humanly possible.
14. Other Electronic Commerce Business Relationships. The Client understands that the web host, credit card processing services and any other businesses not owned by serva are not parties to this contract and are separate business entities from serva. The Client understands that serva has no control over functionality or availability of website due to the actions or inaction of the web host server, credit card processing, online banking and any other business services the Client uses to transact business over the Internet outside of serva. serva makes no representations, warranties or guarantees for any recommendations of other Internet business partners.
15. Progress Reports. serva shall contact or meet with the Client on a mutually acceptable schedule to report all tasks completed, problems, encountered, and recommended changes relating to the development and testing of the web site. serva shall inform the Client promptly by telephone or email upon
discovery of any event or problem that may significantly delay the development of the work.
16. serva‘s Guarantee for Program Use. The Company guarantees to notify the Client of any licensing and/or permissions required for art-generating/driving programs to be used.
17. Changes. The Client shall be responsible for making additional payments for changes in original assignment requested by the Client. However, no additional payment shall be made for changes required to conform to the original assignment description.
18. Testing and Acceptance Procedures. serva will make every good-faith effort to test all elements of the web site thoroughly and make all necessary corrections as a result of such testing prior to handing over the deliverables to the Client. Upon receipt of the web site, the Client shall either accept the web site and make the final payment set forth herein or provide serva with written notice of any corrections to be made and a suggested date for completion, which should be mutually acceptable to both serva and the Client.
19. Sole Agreement and Amendment. This contract constitutes the sole agreement between serva and the Client and hereby voids any prior agreements, written or verbal. This agreement may be amended, in writing, by both parties at any time.
20. No Guarantees. serva makes no representations or guarantee as to the amount of traffic to the Client’s site or interest generated in the Client’s site. serva makes no representations and does not guarantee an increase in Client sales, nor does serva promise top listing in any search engine or directory. serva will use her best efforts to perform under the contract, and makes no representation or guarantee that the site will be accessible by all browser and operating systems.
21. Electronic Commerce Law. The Client agrees that they are solely responsible for compliance with federal and/or state laws regarding any electronic commerce conducted through their website and will hold harmless The Company and her subcontractors from any claim, causes of action, penalty, tax, and/or tariff arising from the Client’s use of electronic commerce.
22. Confidentiality. The Company understands that they could be working with confidential Client information and will only release this information to parties directly involved in website creation. Client authorizes designer to release information to third parties requiring access for site creation. This includes, but is not limited to, website and email address user ids and passwords, trade information, and banking information should the Client request online shopping. The Client will change their email, and any other passwords The Company has had access to. Client will hold The Company harmless should breach of security occur if Client has not changed business passwords.
23. Security. serva will make reasonable attempts to protect the integrity of the Client website. This includes patching any third party software, such as Content Management Systems, used on the Client’s site. However, as this software is not created by serva Web Solutions, the designer cannot be held responsible for security flaws by the software creators. As no software or server is 100% safe from security breach, the Client understands that the designer cannot be held accountable for all security breaches should they occur. Further, The Company is not held accountable for patching any software that has been installed to the site without serva’s knowledge.
serva will make updates and changes to the site, and provide information regarding the website to the Client and up two of Client’s designees (herein referred to as the “points of contact”). Should any other employee or member of the Client’s organization contact serva Web Solutions regarding the website, the designer will contact one or all of the three designated points of contact with the issue. Client shall notify serva of Client’s designees in writing, and shall identify them by name, email address and phone number. Any email requesting changes to the site or information from the site that is not from a point of contact email on file will be referred to a current point of contact. Points of contact may be changed at any time during the maintenance of the site, provided notice is made to the designer in writing from a designated contact email.
The Client will also provide an emergency contact and phone number should there be an emergency requiring input from the Client.
24. Accessibility, Usability, Cross-Platform Issues. The designer will do their best to make sites as accessible, useable, and cross-platform as possible. Client understands that some site features will cause a website to not meet these standards 100%. The Client understands that no website will look and function identically all browsers and operating systems and that any attempt to do so is futile.
Client will be informed if features requested by the Client will negatively impact website accessibility, usability, and cross-platform use. Client agrees to indemnify and hold serva Web Solutions harmless against all claims with regard to these matters.
25. Continuing Website Maintenance and Promotion. No agreement for continuing website maintenance and promotion is contained in this contract. No website maintenance or promotion will be performed by designer unless all parties reach an agreement to do so and all parties sign a website maintenance or website promotion agreement.
The undersigned agrees to these terms on behalf of his or her organization or business. The undersigned represents that he/she is fully authorized to sign this agreement on behalf of the organization or business represented, and that the business entity represented is bound by this agreement.
26. Unauthorized Use and Program License. The Client will indemnify The Company against all claims and expenses arising from uses for which the Client does not have rights to or authority to use. The Client will be responsible for payment of any special licensing or royalty fees resulting from the use of graphics programs that require such payments.
27. General Matters. This Agreement shall be governed by the laws of the state of Georgia and shall be construed in accordance therewith.
No provision of this Agreement may be waived, except by an agreement in writing by the waiving party. A waiver of any term or provision shall not be construed as a waiver of any other provision. This Agreement shall be binding upon the parties, their successors, and assigns.
This Agreement may be amended, altered, or revoked at any time, in whole or in part, by the written agreement of the parties hereto.
Throughout this Agreement, the singular shall include the plural, the plural shall include the singular, and the masculine and neuter shall include the feminine, wherever the context so requires.
The headings of Paragraphs are included solely for convenience of reference. If any conflict between the headings and the text of this Agreement exists, the text will control.
If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid for any reason, such invalidity shall not affect any other provision of this Agreement. On the contrary, such remaining provisions shall be fully severable, and this Agreement shall be construed and enforced as if such invalid provision had never been inserted in this Agreement.
Any notice required to be in writing under this Agreement shall either be sent by certified mail, return receipt requested, or by personal delivery, or by fax, or by email and shall be considered as received from the party delivering such notice as of the date of the signing of the return receipt in the case of certified mail or upon the date of the signing of a receipt upon delivery in the case of personal delivery.