RECITALS
WHEREAS, WordPress4Business.com is engaged in the business of implementation of websites / business blogs.
WHEREAS, Client (as designated in the “Your Full Name” field below) desires to retain WordPress4Business.com for the implementation of the website set forth herein,
NOW THEREFORE, WordPress4Business.com and Client agree as follows:
1. Scope of Services
WordPress4Business.com agrees to implement a website for Client in accordance with the specifications set forth in “Exhibit A” (the “Statement of Work”) below.
2. Price and Payment Terms
Client will pay WordPress4Business.com for the Development Services online after agreeing to the terms of this development contract. Development Services will begin after full upfront payment from Client is received and verified by WordPress4Business.com.
In the event that Client wants to change the WordPress theme selected for the project after the project has already begun, Client will be charged an additional $75 to install a new WordPress theme.
3. Term and Termination
Unless terminated as provided herein, this Agreement will extend to and terminate upon completion of the Development Services. Either party may terminate this agreement for material breach, provided, however, that the terminating party has given the other party at least five (5) days written notice of and the opportunity to cure the breach. In the event of termination without cause, Client agrees to pay Developer for all Development Services performed up to the date of termination.
4. License and Ownership
Upon completion of the project, WordPress4Business.com transfers all rights and ownership of the completed website to the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners
6. Warranty and Disclaimer
WordPress4Business.com warrants that the Development Services will be provided in a workmanlike manner, and in conformity with generally prevailing industry standards. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE ON OR PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT.
7. Limitation of Remedies
Client’s sole and exclusive remedy for any claim against WordPress4Business.com with respect to the quality of the Development Services will be the correction by WordPress4Business.com of any material defects or deficiencies therein, of which Client notifies WordPress4Business.com in writing within thirty (30) days after the completion of that portion of the Development Services. In the absence of any such notice, the Development Services will be deemed satisfactory to and accepted by Client.
8. Limitation of Liability
In no event will WordPress4Business.com be liable for any loss of profit or revenue by Client, or for any other consequential, incidental, indirect or economic damages incurred or suffered by Client arising as a result of or related to the Development Services, whether in contract, tort or otherwise, even if Client has been advised of the possibility of such loss or damages
9. Entire Agreement
This Agreement together with any attachments referred to herein constitute the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this Agreement by any representations or promises not specifically stated herein.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives.
EXHIBIT A: STATEMENT OF WORK
PREAMBLE
This Statement of Work accompanies an Agreement that has been executed by the parties. All statements of fact contained in this Statement of Work are subject to the terms and conditions set forth in such Agreement. The terms and conditions set forth in the Agreement control in the event of any inconsistency between such terms and conditions and the matters set forth in this Statement of Work.
1.0 Project Background and Scope
WordPress4Business.com will implement a Website and Business Blog solution. The project includes the following:
- Domain name registration
- Web hosting set-up (includes the 1st month with ApolloHosting.com)
- WordPress installation
- Your choice of one WordPress template from a selection of hundreds of themes
- Installation of your selected WordPress theme
- Installation of 10 WordPress Plugins
- Set-up of website pages (content not included)
- E-mail address set-up
After full payment is received, WordPress4Business.com will deliver the completed website.
2.0 Price and Payment
WordPress4Business.com is being hired on a fixed-price basis to perform the Services and provide the Deliverables described above.
The fixed price for this Statement of Work is: $249.
Online Payment is due on acceptance of the Development Contract.