Upon submitting the Honey Do List, I (the “Client”) agree to the following terms as set forth by YourSiteNeedsMe, LLC & Charra Hammett (the “Developer”).
Client has fully read each section of the Honey Do List and provided Developer with ALL necessary instructions, information, photos & details needed to complete the project.
Client agrees that any options that were not included in this form or sent separately by email are forfeit from the original package or are subject to an additional fee.
The Client agrees that while they will retain full ownership of the Website, that all Copyright’s of any Theme’s or Plugins used in the design of the Client’s Website are retained by their original owners.
Developer agrees that all content in the Website shall be the original creation of the Developer which is created for the sole purpose of this project, except as specifically consented to and agreed upon by the Client. In the event that the Client consents to the inclusion of any materials that are created by any other party or that have been previously created by the Developer, Developer agrees that is shall take all actions necessary to expend funds necessary to procure an unlimited, royalty free, world-wide license for the Client to use any such materials in connection with the Website, and where required by the Client, in connection with the Client’s other activities, such as advertising and marketing. Unless otherwise consented to by the Client, any such license shall be exclusive and no other party
Client here indemnifies and holds the Developer harmless from any claims, suits, threats, demands, liabilities, settlements, negotiation costs and expenses, other costs, and attorney fees relate to any third party’s claim that the Website or any of the Website content, infringes upon or interferes with any proprietary right of such third party, including but not limited to copyrights, trademarks, trade secrets, privacy rights, moral rights, patents, publicity rights, or any other right that may now or at any time in the future exist under any federal or state law.
Graphics & Content provided by the Client:
The Client agrees that any content, graphics, images or photography provided to the Developer with the intent to design/create the Website are owned in full by the Client and the Client shall hold the Developer harmless from any claims, suits, threats, demands, liabilities, settlements, negotiation costs and expenses, other costs, and attorney fees relate to any third party’s claim that the Website or any of the Website content, infringes upon or interferes with any proprietary right of such third party, including but not limited to copyrights, trademarks, trade secrets, privacy rights, moral rights, patents, publicity rights, or any other right that may now or at any time in the future exist under any federal or state law.
Designer Credit & Publicity:
Following completion and delivery of the Website and acceptance by the Client, Developer shall be permitted to list the Client and the Client’s Website on the Developer’s Website and in any of its marketing and advertising as having been developed by the Developer. The material included on the Developer’s website shall include a screenshot of the Clients Website and a hypertext link to the Client’s Website. Client shall have full discretion as to the form and content of such acknowledgment and the appearance of any image or link.
Following completion and delivery of the Website and acceptance by the Client, and for a period of 12 months after the website is launched, Client shall include a credit to the Developer in the Footer of every page of the Website. The credit to the Developer shall be designed and placed in the Footer by the Developer but shall be in form and substance that is reasonably acceptable to the Client. The credit shall also include a hypertext link to the Developer’s Website.
Additional Information & Customization Services:
Client understands that any special additions outside of the regular setup, theme design & IDXBroker Platinum integration will be charged at $85/hour** & billed before project goes live.
Client agrees that they will send all additional instructions, documents, photos or information NOT included on the Honey Do List by email within 24 hours of submitting this form or that all new items added after the 24 hour period will be subject to an additional fee.
** $125/hour for non IDXBroker partners
In the event that this agreement is terminated prior to the completion of this website, the Developer will be compensated only for such work that has been completed prior to the date of termination.
WordPress Security, Updates & Backups:
Client agrees that by purchasing this website they are purchasing a full WordPress site for a one time fee that Client will own in its entirety (separate from any theme or plugin copyrights) and upon its completion and delivery, the Developer is no longer responsible for any plugin failures, WordpPress Core failures, theme failures or other similar issues that may arise.
Client understands that the Developer shall retain one final full backup of my design & site for a period of 60 days following delivery of the site. Thereafter the Developer has the option to destroy all backups unless the Client is purchasing WordPress Hosting of said website in a separate agreement.
Client agrees to be responsible for securing, updating & backing up my own site & will not hold the Developer responsible for any errors or failures that may happen after the delivery date.
Client understands that if they want WordPress Security, Updates & Backups handled for them that they can purchase them separately from the Developer at an additional cost through this link : Get WP-SUB.
Independent Contractor Status
The parties agree that the Developer shall be an independent contractor indent an agent, employee or representative of the Client. Client shall have no right to direct or control the details of the Developers work with other Client’s or Customers. Developer shall not receive any fringe benefits or other perquisites that the Client may provide to its employees and Developer agrees to be responsible for its own business overhead and costs of doing business and to furnish (or reimburse Client for) all tools and materials necessary to accomplish the services required of Developer pursuant to this Agreement, and shall incur all expenses associated with performance, except as expressly provided in this Agreement or amendments to this Agreement. Developer shall be responsible for paying for all taxes on payments received pursuant to this Agreement and that Customer shall have no obligation to withhold taxes from the service fees payable to the Developer hereunder. Developer hereby indemnifies and holds the Client harmless any obligation that may be imposed on Client (i) to pay in withholding taxes or similar items or (ii) resulting from Developer’s being determined not to be an independent contractor.