Website Design Contract
Date:________
This is a service agreement by and between VI340 LLC, (hereafter referred to as the “provider”)
and____________________________________(hereafter referred to as the “client”). This agreement sets forth the terms and
conditions of the web services provided by the provider and the responsibilities of the client, and it represents the
entire agreement between the provider and the client.
The fee for the Client’s site is ___________________________________________. Upon payment provider agrees to turn over ALL
usernames, passwords, and temporary domains associate with the client’s site account.
Authorization. The above-named client is engaging VI340 LLC, for the specific project of developing and/or improving a World
Wide website to be installed on the client's web space on a web hosting service's computer. The client hereby authorizes VI340 LLC,
to access this account, and authorizes the web hosting service to provide VI340 LLC, with "write permission" for the client's
webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also
authorizes VI340 LLC, to publicize their completed website to Web search engines, as well as other Web directories and indexes.
Client is entitled to a free tutorial consisting of instructions on how to login and up date each page in the format and design, that it is
given to the client on the day of the tutorial. Tutorials for FULL site packages may last no longer than 2 hours with a 30 minute break.
If you choose to wave your tutorial session, you must do so in writing. After the site is paid for an turned over to the client, the client
shall change all login codes. The provider shall hereby considered account close and services rendered. Additional tutorials, web
services and or updates may be obtained at the rate of $100 an hour minimum 1 hour.
Clients FULL site will have the following:
! Uploadable Pages, Photos, image, and file storage
! Registered and hosted for an ENTIRE YEAR!
! Online store capable for pay pal account holders only
! 10 Email accounts you@yourdomainname.com
! You can have up to 10,000 mailing list members
! Traffic reports page will inform you of hits to your site
! Advanced email tracking (% of who is reading the emails)
! We submit your site to Google so people can find you
Limitation of Liability
The client agrees that the provider’s entire liability under this service agreement, and the client’s
only remedy, in connection with any service provided by the provider under this service
agreement, and for any breach of this service agreement by the provider, shall be limited to the
fees the client paid to the provider for the term of the service agreement. The client shall not be
entitled and shall have no right to receive any funds related to the monetization of the client’s
website.
Indemnity
The client will indemnify, defend, and hold the provider harmless for damages arising out of
disputes arising from this service agreement and the services provided. The client agrees that if
the provider is notified that a complaint has been filed with a governmental, administrative, or
judicial body, regarding the client’s web site, that the provider, in his sole discretion, may take
whatever action he deems necessary regarding further modification, assignment of and/or control
of the web site to comply with the action or requirements of the governmental, administrative, or
judicial body until such time as the dispute is settled. The client agrees to release, defend, indemnify,
and hold harmless the provider and his Internet domain registration service, and website hosting
provider (i.e. GoDaddy.com, Bandzoogle,) from any losses, damages or costs, including reasonable
attorney’s fees, resulting from any claim, action, proceeding, suit, or demand arising out of or related
in any way to the client’s website or Bandzoogle account.
Disclaimer of Warranties
The provider expressly disclaims all warranties of any kind, whether expressed or implied.
Services are provided on an “as is” and “as available” basis. The provider makes no warranty
that its services will meet the requirements of the client, or that the services will be uninterrupted,
timely, secure, or error free, or that defects will be corrected. The provider does not warrant, nor
make any representations regarding the use, or results of, any services provided, in terms of their
correctness, accuracy, reliability, or otherwise. Certain jurisdictions do not allow the disclaimer of
implied warranties, in which event that foregoing disclaimer may not apply to the client.
Non Compete
It is agree to and understood that the client, its designees or its associates will use the physical or intellectual information of this
software and or trade secrets, provided by VI340 LLC, to maintain the clients website and will not entertain, advise or participate in
any endeavor to provide web services to the public or private for revenue or trade.
Severability
The client agrees that the terms of this service agreement are severable. If any part of this
service agreement is determined to be unenforceable or invalid, that part of the agreement will be
interpreted in accordance with applicable law as closely as possible, in line with the original
intention of both parties to the service agreement. The remaining terms and conditions of the
service agreement will remain in full force and effect.
Venue: Waiver of Trial by Jury
THIS SERVICE AGREEMENT SHALL BE DEEMED ENTERED INTO IN SAINT THOMAS US VIRGIN ISLANDS SHALL BE
USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTEPRETATION, AND LEGAL EFFECT OF THIS SERVICE
AGREEMENT. THE CLIENT AGREES THAT ANY ACTION RELATING TO OR ARISING OUT OF THE SERVICE
AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF SAINT THOMAS THE CLIENT AGREES TO WAIVE THE
RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS
SERVICE AGREEMENT.
Entire Agreement
This service agreement is the entire agreement between the client and the provider, and it
supersedes all prior or contemporaneous oral or written communications, proposals and
representations with respect to the website services provided or any other subject matter covered
by this service agreement. To the extent the terms of any policies or services conflict with the
terms of this service agreement, the terms of this service agreement shall control.
IN WITNESS WHEREOF, the parties have executed this service agreement by their duly
authorized representatives.
____________________________________________________________________________________
(Provider) VI340 LLC, Date
_____________________________________________________________________________________
(Client) Marina Market Date