STANDARD TERMS OF AGREEMENT
1. Definition of Terms: Webmaster
dba Webmaster Support Services
PO Box 2769
Prescott, Arizona 86302
the above is referred to as the 'Webmaster' in this Purchase Agreement
Client Hosting Server Account Services will be provided by:
Godaddy Secure Server Hosting, Products and Services with Webmaster Support Services GoDaddy Reseller Services Hosting Account unless Client provides other GoDaddy domain and/or hosting account access with Client paid services and products to use for Client site.
Purchase Agreement: This completed Digital Purchase Agreement as stated above, and noted in *Special instructions or terms and/or Additional items quote details and as listed above.
* Note: any product and/or service items entered by Client in digital web form fields that change standard services, pricing or labor are subject to Webmaster review and confirmed acceptance in writing by mutual business email by Webmaster.
The above named Client is engaging Webmaster, as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on the Client's web space located on an ISP's shared hosted server. The Client hereby authorizes Webmaster to access this ISP account, and authorizes the ISP to provide Webmaster with any necessary FTP write permission for the Client's website folders and files and any other programs which need to be accessed for this project and grants Webmaster full management access and control to their hosting and domain name admin service panel to manage their website account for them. The Client also authorizes Webmaster to publicize their completed website to web search engines, as well as other web directories and indexes.
The Client represents and warrants that it has the power to enter into this Agreement on behalf of Client; and that its performance of this Purchase Agreement shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws.
The Client represents and warrants to Webmaster that it will provide Client materials and digital content as required in a professional, competent and timely manner; that the Client will access and appropriately use the online www web based website content review folders, update and upload tools that Webmaster provides for digital content submissions and support services provided to the Client by Webmaster for such purposes. Client warrants it will not determine or exercise control as to the general procedures, methods or formats necessary to have these services meet the Client's satisfaction.
4. Standard website development as defined by Webmaster for this Purchase Agreement is as follows:
Site Review, Consultation, Communications
- By e-mail, online CMS web forms, phone. Client must have and maintain internet access to comunicate via email, view, review, send digital content to develop and update Client website, access and use Webmaster provided CMS forms and email, final proof all development content and future content changes.
Web Page Content Guidelines
- Method of content submission: All content must be submitted in digital format via Webmaster's standard CMS (content management system) per the guidelines published and as described and made available here: https://www.webmastersupportservices.com/form-content-management-support.html provided for the Clients use for digital content submissions for the design, review, changes and update support services that the Webmaster currently provides.
- Text: Final text shall be supplied by the Client, typically about 250 words per page, web pages of more than 500 words of text may be subject to additional fees for increased development and formatting time. Client agrees and signs off on all content provided, each and every time, that they own the rights to provide and publish that content to their website and that their content provided does not infringe on any other copyright, trade name or legal rights of ownership of any other party or person. See section 13 also.
- Graphics, Photos, Images: Including but not limited to company logo and all other graphics used on website, an extra charge may apply for scanning services, photography, graphic design and custom modification of items provided by Client.
- Page Design Revisions: A maximum of one design revision (total) will be included to the draft website at no extra cost to create the look and feel that is desired. Further revisions will be billed at the Webmaster standard hourly rate listed in this Purchase Agreement.
- Website Legal Declaration Content
Search Engine Submission
- Submission of clients primary domain URL to free search engines by xml sitemap referenced in robots.txt file and/or direct to crawl queue as determined by Webmaster.
- At no time and under no circumstances does Webmaster imply, promise or guarantee that Clients website will achieve or maintain a specific or top page rank (PR), or achieve or maintain a specific or top search engine return position (SERP), indexing return ranking or rating within any search engine, directory listing, business listing service of any type.
Free Search Engine and Directory Services:
Currently Google and BING/Yahoo and possibly other search engines and web directory business listing services offer free services to the client that Webmaster can help assist with the submission process for website indexing. Client agrees and understands that at any time these free services can be suspended, modified, altered, terminated or go to fee based charges. Client agrees that in no event is Webmaster liable for these changes, costs, charges or the suspension of free services and/or Client chosen paid services. If Client elects or demands to continue with any of these services after a free offer is rescinded they agree to pay those costs separately for what ever fees those services require to continue their service and will hold Webmaster not liable for those costs.
Content Changes and Updates - website content review, CMS update and upload web form, CMS email tools:
- Client website content changes and updates will be provided as needed for the term of Purchase Agreement through Client access to the www based website content review, update and upload web form email tools provided to Client by Webmaster for Client digital content update submissions and support request services. They can be found here: https://www.webmastersupportservices.com/form-content-management-support.html .
- Fresh meaningful content is very important to a successful web site. Webmaster has designed a unique and definitive solution for this problem with it's CMS website content update, upload and change review web form email tools method. Client site design and support CMS content management service pricing included in this agreement reflects Clients full co-operation and normal usage of this time and cost saving solution. Training on how to use these tools will be provided to Client free of charge.
- If Client refuses to use the provided website content review, update and upload form email tools or if Client changes and update submissions become excessive or unreasonable Webmaster reserves the right to negotiate a fair payment for work done (or submitted and requested to be done) that will be billed at the Webmaster standard published hourly rate.
- The Client agrees to submit their content subject to the terms stated in the website content review, update and upload web form tools submission CMS Standard Terms and Conditions Agreement referenced in this agreement, on Webmaster website pricing page and CMS forms and pages and located here: https://www.webmastersupportservices.com/form-standard-submission-terms-agreement.html Also see Sections 13 and 15 below.
Standard website hosting is defined as follows:
- As a GoDaddy Reseller Service, Webmaster provides GoDaddy reseller domain name, hosting, ssl, webspace email and other resources for purchase to the Client for the purpose of securing the services of a Internet Hosting Service Account that is integrated into the internet where the Client website will reside. Client is not required to purchase these internet products and services from Webmaster. Client can choose to purchase these direct from GoDaddy. The Client agrees to provide their own computer connection to the internet to be able to find, review and use their web site.
- Standard hosting methods. Webmaster uses GoDaddy Reseller Account Hosting Services that are purchased within that program for the purpose of providing a managed shared server hosting space to place the Client website on for internet access and use. Typically Webmaster uses Linux shared hosting server space with a SSL that has a dedicated IP for that shared space, or if non SSL hosting then a dedicated IP for that shared space. If Client chooses to purchase their domain name with the Webmaster GoDaddy Reseller Service or from GoDaddy direct than the Webspace email forwards provided by them can be used to set up the admin management of the domain name and Client account. Webmaster can get cc's of those admin emails to assist with admin support, consultation and interventions if needed.
- Domain name search and advice. If a domain name is needed for the
website, Webmaster may discuss names and do a search to
ascertain the availability of those names. However, the determination of
a domain name's availability through a domain name registration source
whether GoDaddy, Reseller or other resources does not guarantee it will still be available at the time of Clients registration. Client agrees that the availability, choice, selection, rights, trade name, trade mark, liability of and ownership of domain name used is the full and complete legal responsibility of the Client and holds Webmaster completely harmless for their domain name selection and use.
- Domain name registration or transfer. If needed, Webmaster may assist Client to complete the necessary forms to register, transfer and/or renew a domain name as selected by the Client for the Client using the Clients credit card, billing info and Domain name admin account. Although Webmaster may submit forms to register, transfer and/or renew a requested domain name for the Client, Webmaster does not guarantee the availability of any domain name or whether it will or can successfully register, transfer over and/or renew for the Clients access and use. Client agrees that any and all domain name registration transactions are the full and complete legal responsibility of the Client and holds Webmaster harmless for assisting in the process of registering, transfering and/or renewing their domain name(s).
- Domain name registration in the Webmaster GoDaddy Reseller Services Account or with GoDaddy direct will list the Client as the owner. Client will receive billing info and account renewal information to the Clients listed email address. Domain name DNS A record will be set to point to either the Clients GoDaddy direct purchased hosting server space which they pay for and own or to Webmaster provided shared hosting server space as described above.
- The sending of spam, or Unsolicited Bulk Email (UBE) is not permitted on accounts hosted with or managed by Webmaster. Please see Webmaster GoDaddy Reseller Account Service for features and restrictions, legal statements and liabilities as found on Webmasters GoDaddy Reseller Account Services website, which may be updated from time to time here: https://www.secureserver.net/legal-agreement?id=utos&plid=313920 .
- Client purchases of but not limited to domain names, dedicated hosting, dedicated IP's, business hosting, SSL's, upgraded SSL's, Business Email, Upgraded Email and other products whether direct from their provider, or from GoDaddy direct, or from Webmaster GoDaddy Reseller Services are separate and not paid for by Webmaster but paid for by the Client with the Clients credit card on file with that service. Those amounts are separate from and paid directly to those Services by the Client and not part of this Purchase Agreement amount.
- Webmaster's ongoing support service for the client website will be paid monthly by Client credit card with automatic recurring monthly payment through Webmasters secure merchant services account based on the package, plan that the Client has purchased and/or upgraded or downgraded to.
Webmaster will execute Client website design and support as specified and incorporated in the terms of this Purchase Agreement and are based on the support time, page size, content volume, type website descriptions of the package, plan noted on this agreement that the Client selected and paid for. In case the Client desires additional standard or custom web page, support, design time beyond the original numbers specified per the package, plan than the Client purchased, the Client agrees to pay Webmaster the additional amount of money specified in Webmaster current published website sales and pricing information.
Content updates and changes will be provided as needed for term of Purchase Agreement through access to the Webmaster web based website CMS content review, update and upload web form email tools provided to Client by Webmaster for such digital content update submissions and support request services. Client Domain name, Hosting Server Account Services panel administration assistance will be provided as needed for term of Purchase Agreement. If changes, update submissions, account maintenance become excessive beyond the defined support time specified for the package, plan purchased, upgraded or downgraded to by the Client the Webmaster reserves the right to bill for that additional cost and the Client agrees to pay Webmaster that additional amount per Webmaster current published website sales and pricing information.
All services agreed to in this Purchase Agreement, shall be sold for the price specified in the Website Design and Support Package purchase area on this Purchase Agreement. Payment(s) shall be made to Webmaster by Client credit card through the Webmaster 3rd party secure merchant services provider to Webmaster.
Termination of Monthly Billing:
When the Client elects to purchase this monthly billing package which in effect distributes the Webmaster sales price, including initial website start up, design, labor, hosting and other business costs out over a 12 month period the Client agrees to not terminate that service package unless Client pays Webmaster in full for the remaining months left to be paid.
8. Payment Terms.
The following standard terms apply.
Hosting Server Account Services:
Client will provide credit card information to Webmaster to purchase on Clients behalf the necessary domain name(s)and any other hosting items needed to begin work and fulfill Purchase Agreement. Webmaster GoDaddy Reseller Hosting Services are subject to all current and future GoDaddy Reseller Hosting Legal Terms of Agreement (https://www.secureserver.net/legal-agreement?id=utos&plid=313920) which can be found at or by going to my GoDaddy Reseller Hosting Services home page at ( https://www.secureserver.net/?prog_id=313920 ) and then scrolling to the bottom to the Legal Agreements link.
Webmaster Site Design Services:
The agreed to website design package amounts are due with this Purchase Agreement submission. Once this Purchase Agreement submission is confirmed to Client by Webmaster as accepted and agreed to and all amounts due are paid then work will begin on the site and the work in progress site will be put online in a draft design REVIEW directory on the Client domains designated hosting service for the Clients viewing. During this proofing stage, typographical errors, design changes, and other corrections will be made.
In the event that additional pages and/or excessive content and/or custom work exceeds the standard specified package, plan purchased the Client agrees that Webmaster reserves the right to negotiate a fair payment for such work done and/or submitted and requested to be done based on Webmaster standard published rates, and that payment is due upon the final proofing and completion of all pages and content before being posted to any public hosting service directory.
9. Completion Date.
Webmaster and the Client must work together to complete the website in a timely manner. Much of this depends on receiving the appropriate text content and images from the Client. Client agrees to provide the necessary content expeditiously in a professional and timely fashion.
10. Subcontractor assignment
Webmaster does not use employees or subcontractors to complete the design process but reserves the right to do so. Phone support is provided by GoDaddy for Webmaster GoDaddy Reseller Services including but not limited to domain name, hosting, email, SSL and other products and services purchased and used with GoDaddy reseller account or with GoDaddy directly.
11. Additional Expenses.
Client agrees to reimburse Webmaster for any additional expenses necessary for the completion of the work. Examples could be but not limited to the purchase of special fonts, stock photography, graphics, additional site features such as but not limited to scripts, programs, plugins, etc.
12. Additional Services.
Any revisions, additions or redesign Client wishes Webmaster to perform not specified in this document shall be considered additional and will require identifying them in a separate agreement in writing by mutual business email with an additional payment.
13. Copyrights, Trademarks and Indemnification.
The Client represents to Webmaster and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Webmaster for inclusion in the Client web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Webmaster and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
Webmaster always in all circumstances reserves the right to refuse to publish content to the Client's website for any reason and client further agrees to submit original client owned content only and in complete compliance with the terms of content submission terms here and in Section 15. Client agrees and understands that the submission to Webmaster for publication onto the website of scraped eg copied and/or duplicate content from other websites and/or copyrighted sources is grounds for immediate termination of Webmaster services and that NO REFUND is due or will be paid to the Client and further that any additional amounts due, and all time spent discussing, reviewing, removing, cleaning, re-posting the offending content, and all the time and costs accumulated by the Webmaster to terminate the account will be billed to the Client and be immediately due for payment.
Client also understands that due to the severity of their actions the Clients hosting account domain name service reserves the right to and may remove the Clients domain name from the world wide web DNS and Client website from their hosting services and further understands that their decision to do so is final and not under the direct control of Webmaster.
Client also has been advised and understands that the submission of types of offending content listed in this Section 13 and Section 15 of spam, illegal, unethical, offensive, libel type content and/or content in violation of search engine indexing trust and submission guidelines and they may severely penalize the content and/or site by removing the Client content and/or site from their index returns. Client is advised that they may also have opened their site up to be petitioned for the public review and removal from their web hosting provider by the copyright owner and incur other legal costs and penalties they seek from you and that the Clients actions may have harmed the Webmaster and so make the Client liable for additional costs and grievances.
Note: Here is a very practical and bottom line solution on how to get this done right: Sit down, start with a blank piece of paper or fresh computer word processing screen and write out your very own original content word for word, phrase for phrase. When you are finished you can easily check your content for duplicate or what would appear to be plagiarized content with numerous free online services. If you have researched your page theme and topic or reviewed another persons work or website - do not copy them - if it is necessary to quote their work use the same conventions as would be required in writing a term paper or public article - do not plagiarize their work - reference it with a hyperlink if appropriate but please note they may maintain the right to demand the removal of the link. Submit for publication only the photos and graphics that you know and can prove that you own because you created them yourself or you purchased the appropriate copyright license to publish that material on your website. Adhere to the types of allowable content described in this agreement. Anything less than this will get you into trouble on the world wide web. Webmaster will not service and support a Client who does not follow these simple guidelines and reserves the right to terminate services immediately.
Simple Bottom Line Solution: Write your very own text content for your
website and submit only the photos and graphics that you own or know you have a
license to publish to your site on the web. Seek legal counsel and advice
if you have questions or concerns about your content.
14. Age and Digital Submission Agreement
By completing the Purchase Agreement Terms of Agreement Web Form and clicking the SUBMIT button, your represent and warrant that your are 18 years of age or older, that you agree to provide true and accurate information as prompted by the form and that you agree to be bound by this agreement.
15. Limited Liability.
Client hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Webmaster, Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.
Client hereby agrees to indemnify and hold harmless Webmaster from any claim resulting from Client's publication of material or use of those materials. Client hereby agrees to indemnify and hold harmless Webmaster in any claim resulting from the submission of illegal materials.
If Webmaster shall acquire an Internet Domain Name on behalf of the Client, then in such case Client hereby waives any and all claims which it may have against Webmaster, for but not limited to, any loss, damage, claim or expense arising out of or in relation to the purchase and registration of such Domain Name and/or its submission to any on-line or off-line internet and/or intranet search engines, network directories, membership lists, registration lists, or the refusal to index or list or to release the Domain Name from such search engines directories or lists either during the term of this Purchase Agreement or following the termination of the Purchase Agreement and services by Webmaster for any reason.
Under no circumstances, including negligence, shall Webmaster, its officers, agents or anyone else involved in creating, producing or distributing it's services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Webmasters services, or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Webmaster records, programs or services. Client maintains sole final responsibility for any and all data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on any service provided by Webmaster.
Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in Purchase Agreement, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Purchase Agreement and any reasonable attorney's fee and court costs.
Client agrees that it shall defend, indemnify, save and hold Webmaster harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees, liabilities asserted against Webmaster, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold or otherwise distributed by Client, its agents, employee or assigns. Client agrees to defend, indemnify and hold harmless Webmaster against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with Webmaster service, any material supplied by Client infringing on the proprietary rights of a third party, copyright infringement, and any defective product which Client has sold in their website and/or web design.
17. Laws Affecting Electronic Commerce.
The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Webmaster and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's use of Internet electronic commerce. This includes any existing and future regulations and laws that may arise.
18. Copyright to Web Pages.
Copyright to the finished assembled work of web pages produced by Webmaster is transferred to and owned by the Client upon full payment and the completion of the terms of this Purchase Agreement when the Client is then assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to licensed photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Webmaster retains the right to post hyper links to the finished Client site, and display graphics and other Web design elements as examples of work in respective portfolios.
19. Authorship Credit.
Webmaster does not place design credits or links on the public face of the Client website. Authorship, copyright and ownership of the site is publicly declared to be that of the Client.
Webmaster reserves the right to terminate the services to be rendered under this Agreement for any reason and/or if in Webmasters sole discretion it is determined that the Client has, including but not limited to, submitted for publication plagiarized content, content not owned by Client, content not copyrighted to or licensed to be published on the Clients site, engages in content or email spam and/or any other offensive behaviors and actions that have or could harm the Webmaster or the Webmaster trust relationship with other clients and/or the public web and it's search engines.
Cancellation during the design process.
In the event that work is postponed or canceled at the request of the Client in writing by mutual business email, Webmaster shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Purchase Agreement. If additional payment is due, this shall be payable within thirty days of the Client's notification to stop work. In the event of cancellation, the Client shall also pay any expenses incurred by Webmaster and Webmaster shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
Cancellation after the completion of the 12 month package plan, and all amounts have been paid.
Client agrees to continually month to month renew the Standard Purchase Agreement as published in it's current and updated form and according to the current published fees and features for the package, plan that the Client purchased, upgraded or downgraded to. Client maintains the right to not renew and/or to cancel Webmaster services at any time and for any reason in writing by mutual business email to Webmaster as long as all amounts due Webmaster are paid in full. The Client shall assume responsibility for all collection of legal fees necessitated by any default in payment.
Webmaster maintains the right to re-negotiate a fair and reasonable new fee structure with Client if necessary and also maintains the right to not renew and/or to cancel Purchase Agreement at any time and for any reason in writing by mutual business email to Client. Web Design and Support Plans, Packages are also subject to future fee changes as published on Webmaster website and/or in writing by mutual business email to Client.
22. New Design Work Refund Policy.
This applies to any deposits made for new custom design work. If the Client applies in writing by mutual business email for a refund within 15 days of signing this Purchase Agreement, work already completed shall be billed at Webmaster standard hourly published rate and deducted from the initial payment. If the work that has been completed is beyond the amount covered in the initial payment, the Client shall be liable to pay for all work completed at Webmaster standard published hourly rate.
Any disputes in excess of $1,000, or the maximum limit for small claims court, arising out of this Purchase Agreement shall be submitted to binding arbitration before a mutually agreed upon Arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney's fees and legal interest on any award or judgment in favor of Webmaster.
24. Payment of Fees.
- Payments must be made promptly. Invoices are due upon receipt. Delinquent bills may be assessed a $15.00 charge if payment is not received within 15 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty may be added for each month of delinquency. Webmaster reserves the right to remove Client web site pages from viewing on the Internet until final and full payment is made.
- Webmaster GoDaddy Reseller Services will terminate and remove from their servers any products and services that are not paid in full when due. Client agrees this is out of the direct control, power and any and all liability of the Webmaster. This includes Client domain name(s) and website hosting and any other products and services with them which if not paid timely and subsequently terminated may effectively remove Clients website from the world wide web access.
- In case collection proves necessary, the Client agrees to pay all fees incurred by that process. This Purchase Agreement becomes effective only when signed in writing by mutual business email by Webmaster. Regardless of the place of signing of this Purchase Agreement, the Client agrees that for purposes of venue, this Purchase Agreement was entered into in Prescott, Arizona, and any dispute will be litigated or arbitrated in Prescott, Arizona.
25. Ownership: Domain name, Hosting Server Account Services and Site Copyright
- Domain Name:
Webmaster may purchase domain name in Clients name using Client provided credit card information thus securing and maintaining Client ownership.
- Hosting Account Services:
Webmaster may use it's own GoDaddy Reseller Services shared hosting server space, in which case ownership and payment for that service is the Webmaster, or Webmaster may purchase for the Client in their own GoDaddy Direct Account Hosting Server Services in Clients name using Client provided credit card information thus securing and maintaining full Client ownership of the hosting too.
- Web Site:
Ownership and the copyright to the finished assembled work of web pages produced by Webmaster is transferred to and owned by the Client upon full payment and the completion of the terms of this Purchase Agreement. See Section 18 for more on Copyright definition and ownership.
26. Webmaster Standard Hourly Billable Rate
Webmaster current hourly billing rate is $50.00 per hour standard work and $75.00 per hour for rush work. This rate is subject to change but those changes will not effect any work currently in process under this Purchase Agreement. Current rates and standard pricing are also published on Webmaster website on the pricing page.
27. Entire Understanding.
This Purchase Agreement constitutes the sole agreement between Webmaster and the Client regarding its Web Design and Support Service. It becomes effective only when digitally submitted by Client and then by acceptance in writing by mutual business email when confirmed by Webmaster. This Purchase Agreement shall be governed and construed in accordance with the laws of the State of Arizona, USA. The parties agree that if any part, term, or provision of this Agreement shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected thereby.
last updated 12-24-2018
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