Basic Website Services Agreement
This Website Services Agreement (the “Agreement”) is entered into between Kwindie (“Provider”) and the individual or entity (“Customer”) which purchases a website product(s) (“Product”) from the Kwindie website.
1. Deliverables:
1.1 The Provider agrees to deliver to the Customer the items specified in the description(s) of the purchased website Product(s), which may include but are not limited to:
- Website set-up.
- A custom web domain for utilization with the website (or transfer of an existing domain)
- Custom “@yourdomain.com” email address(es).
- Ongoing website maintenance and hosting, including security updates and bug fixes, as well as insignificant site changes (e.g., phrasing or contact info updates). More extensive changes will incur additional fees.
1.2 Search Engine Optimization (SEO) and Marketing services are not included, unless otherwise specified in the Product description.
1.3 Revisions:
A reasonable amount of site revisions are included in the website set up price. The customer will be notified via email prior to the final change allowed without additional fees.
2. Fees:
2.1 The Customer agrees to pay the fees associated with the Product(s) purchased.
2.2 Fees include, but are not limited to:
- Domain registration fee OR domain transfer fee (if applicable)
- Ongoing (yearly) domain renewal fee
- Website set up fee
- Ongoing (monthly) hosting and maintenance fee
3. Fee Adjustments:
3.1 The fees outlined in the Product(s) are subject to change based on factors such as increased business costs and inflation.
3.2 This Agreement and the associated Product(s)’ fees may be updated no more than once per year. Any changes will be communicated via email at least 30 days before taking effect.
4. Payment Terms:
4.1 Payments for ongoing services will be taken on the 1st of the month.
4.2 Declined payments will be retried on the 7th of the month.
4.3 Payments later than the 15th of the month will incur a 20% late fee.
4.4 Payments later than 30 days will cause the website to be temporarily deactivated and incur a 30% late fee.
4.5 Payments later than 60 days will cause the website to be deleted permanently.
5. Notifications:
5.1 Notifications will be sent via email prior to each deadline listed in sections 4.1 – 4.4 above.
5.2 All methods of contact available to the Provider will be attempted prior to the site being deleted (4.5).
6. Automatic Payments:
6.1 All “ongoing” Products are set up as subscriptions which will automatically charge the Customer each renewal period.
7. Intellectual Property:
7.1 All original content, graphics, and materials created by the Provider specifically for the project shall become the intellectual property of the Customer upon full payment of the associated fees.
8. Opt Out:
8.1 The Customer may opt out of this Agreement at any time by providing written notice.
8.2 Upon opting out, a 30-day transfer period commences. Hosting fees are to be paid during this period. All ongoing invoices will be canceled 30 days from the receipt of written notice.
8.3 At the conclusion of the 30-day transfer period, the Customer will receive administrative access and full control over their website, domain, and hosting.
9. Termination Clause:
9.1 The Provider reserves the right to terminate this Agreement under the following conditions:
- Non-payment or consistently late payments by the Customer.
- Professional misconduct by the customer, including uncooperative behavior detrimental to a constructive working relationship.
- Any breach of this Agreement by the Customer.
9.2 In the event of termination, the Provider will provide 60 days’ notice via email to the Customer. Ongoing fees are to be paid during this period.
9.3 Upon termination, the Provider will transfer full ownership of the website, including all related files and content, to the Customer.
10. Limitations and Disclaimers:
10.1 The website may experience temporary unavailability due to service interruptions, updates, or other unforeseen issues. The Provider is not liable for any resulting problems or loss of income.
10.2 The Provider will inform the Customer of significant updates likely to cause interruptions, but cannot guarantee advance notice, especially for critical security updates.
10.3 Regular backups will be made, but the Provider is not liable for lost data. The Customer can request backup copies.
10.4 Content added to the site by or on behalf of the Customer is the Customer’s responsibility. The Provider is not liable for content legality or compliance with laws.
10.5 The Provider strives to follow website-related laws, but laws change. The Provider is not liable for issues arising from site content.
10.6 Some content (privacy policies, terms) is AI-assisted. The Customer should have an attorney review these documents before going live.
11. Governing Law and Jurisdiction:
11.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, United States.
11.2 Any disputes arising from or related to this Agreement shall be subject to the exclusive jurisdiction of the federal and state courts located in Clackamas, Oregon.
12. Force Majeure:
12.1 Neither Party shall be liable for any failure to perform their obligations where such failure results from any cause beyond their reasonable control, including but not limited to natural disasters, acts of war, terrorism, governmental action, or power failures.
6. Acceptance of Terms:
6.1 This Agreement accompanies Product(s) on the Kwindie website. Customer’s purchase of the Product(s) signifies their approval, signature, and agreement to this Agreement.
6.2 Upon purchase of the Product(s), the customer will be prompted to fill out a questionnaire. Completion of this questionnaire is required prior to Kwindie beginning work on the Customer’s website and associated Product(s).
