Read the terms & conditions below.
The purpose of this form is to formalize a legally binding agreement between two parties. It states the material terms, conditions, and considerations about the consultancy and/or services provided by party A to party B.
Services Agreement
Dated: When agreed to
Party A [Service Provider]
Party B [Client]
Name: Party A Name
Name: Party B Name
Email Address: Party A Email Address
Email Address: Party B Email Address
THIS SERVICES AGREEMENT (“this Agreement”) is made as of the date agreed to, by and between Party A (“Services Provider”) and Party B (“Client”).
For clarity, words and expressions importing the singular will include the plural and vice versa; words and expressions importing the masculine gender will include the feminine gender and words importing persons will include bodies corporate. Headings to this Agreement herein are for convenience only and will not affect the meaning or interpretation of any provision hereof.
Client desires to engage the services of Service Provider upon the terms and subject to the conditions specified herein; and,
Service Provider desires to accept such engagement with Client upon the terms and subject to the conditions specified herein.
NOW, THEREFORE, inconsideration of the premises and the mutual covenants, terms and conditions hereinafter set forth, and for other good and valuable consideration, the receipt of which is hereby specifically acknowledged, the parties hereto agree as follows:
1. Representations and Warranties
Service Provider represents and warrants as follows:
1.1. Service Provider has the requisite knowledge, skills, training, qualifications, and experience required to perform the Services in accordance with the terms of this Agreement.
1.2. Service Provider’s execution of this Agreement and performance of the Services does not and will not breach or conflict with any agreement and/or undertaking to which Service Provider is a party or by which Service Provider is bound.
2. The Services.
2.1. Service Provider will render Client with the following services: Sending an email after the Client purchase that contains links to the pages on the service provider’s website which are necessary for the development process. Providing video instructions on the Service Provider’s website on how to purchase a domain, how to fill out the basic information form, how to create a Webflow account and invite the Service Provider to their dashboard, how to edit the template chosen by the Client, how to purchase a site plan on Webflow, which is the same as how to purchase hosting on Webflow, how to connect domain to website, how to source images from Unplash.com and Pexels.com, and a video on finishing up. Taking inputs from the basic information form filled out by the Client and inserting them into various parts of the chosen template. Transferring over the template into the Client’s Webflow dashboard after being invited. Ensuring that the website is responsive before publishing. Input meta headers and meta descriptions for every page on the website, test publish website, and publishing the website.
2.2. To explain the entire potential process, the Client will pick a template on the service provider’s website that they want to use as the design and groundworks for their website. A Client will then make a subscription purchase for this template and the costs will show up on the payment processing platform. The Client will presumably continue with the purchase. Once the purchase is made, the Client will receive an email most likely within 1 day but maybe within 14 days containing important links that will guide the Client using videos so they can be part of the development process as well. The links themselves do not contain videos or forms, but links to pages that contain links to videos or forms, or to pages that have videos or forms on them. In the email, the Client should also receive a link to manage their subscription through Stripe, in which they can cancel. If the Client does cancel, they cannot use the template design.
2.3. Service Provider will perform the Services in a diligent, timely, faithful, responsible, competent, and trustworthy manner and will exercise due professional care.
2.4. Service Provider has the right to update technical aspects of the deployed website, such as the SEO optimizers and other design aspects.
3. Consideration.
3.1. Each party hereto will bear its own tax obligations incurred in connection with this Agreement, including, without limitation, all federal, state, local and other taxes and related charges incurred by such party.
3.2. The Client agrees to cooperate with the Service Provider in a timely manner, providing the necessary information and approvals to facilitate the completion of the services.
4. Term and Termination.
4.1. The term of this Agreement will commence on when the Client subscribes to the subscription and will continue until cancellation by either the Client or Service Provider.
4.2. The Client is allowed to cancel their subscription at any point. If the Client cancels their subscription the services outlined will not be provided and the Client will not be allowed to use the website design curated by the Service Provider.
4.3. The Client is not allowed to share the passwords of password protected pages if given to them in the email first sent out after purchase.
5. Cost and Payment.
5.1 The cost will be $250 USD a month with the first 30 days being free. This will be ongoing unless there is a cancellation by either the Client or Service Provider. If cancel the services will not be rendered.
6. Limitation of Liability.
6.1 Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement.
7. Miscellaneous.
7.1. Any modification or amendment to the provisions of this Agreement will be valid only if effected in writing and signed by both parties hereto.
7.2. This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions or agreements between the parties with respect to the subject matter hereof.
7.3. Each party’s failure or delay in enforcing any of the provisions of this Agreement will not in any way be construed as a waiver of any such provisions or prevent the party thereafter from enforcing each and every provision of this Agreement which were previously not enforced.
7.4. Neither party may assign this Agreement to any third party except upon prior written consent, which consent will not be unreasonably withheld; provided that either party may assign this Agreement without prior written consent in a sale or transfer of all or substantially all of its assets or equity by way of merger, consolidation, or similar transaction. Any purported assignment in violation of this Section will be void. This Agreement and each and all of the provisions hereof bind and benefit the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns.
7.5. In case any one or more of the provisions contained in this Agreement will, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect the other provisions of this Agreement, and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein. If moreover, any one or more of the provisions contained in this Agreement will for any reason beheld to be excessively broad as to duration, geographical scope, activity, or subject, it will be construed by limiting and reducing it, so as to been forceable to the extent compatible with the applicable law as it will then appear.
7.6. This Agreement will be exclusively governed by and interpreted in accordance with the laws of theState of the United States of America, without regard to the conflicts of law provisions, and any action hereunder will be brought solely before a competent federal court.
7.7. All notices and other communications required or permitted hereunder to be given to a party to thisAgreement will be in writing and will be emailed or otherwise delivered by hand, addressed to such party's email address and/or address as set forth in the preamble to this Agreement, or at such other address as the party will have furnished to each other party in writing, in accordance with this provision.Any notice sent in accordance with this Section will be deemed delivered to the addressee party (a) if sent by email, on the first business day following the day of such sending or transmission; and (b) if personally delivered, when actually delivered.
In Witness Whereof, the parties here to have caused this Agreement to be duly executed on the Effective Date.
Client
Service Provider