Services Proposal

PARTIES

- This Website Design Agreement (hereinafter referred to as the “Agreement”) is entered into on 09/27/2023 (the “Effective Date”), by and between , (hereinafter referred to as the “Client”) and Briar Creek Holdings LLC dba BCH Web Solutions, with an address of 2401 Fountain View Dr Ste 312 #2319 Houston, TX 77057, (hereinafter referred to as the “Designer”) (collectively referred to as the “Parties”).
- Agreement commences on effective date and has a term of 1 month. At the end of each term, notwithstanding cancellation as provided in Agreement, term will automatically renew for an additional 1 month.
- Go Live date is defined as 09/27/2023. This will be when services officially start unless agreed upon in writing by both parties.

DESCRIPTION OF THE PROJECT

Section I.

The Designer agrees to perform the following services for the Client:

- Fully Functioning Custom Website with at most 15 pages
- (At least) Weekly Backups
- Security Optimization
- Mobile and Tablet Optimization
- Cache Management
- Plugin Management
- Vulnerability Mitigation
- 24/7 Development Content View (accessible via Developer domain)
- Acquire and maintain desired domain name (if available) of client’s choosing – (Optional)

Section II.

The Client agrees to supply the Designer with:

- All images and copy that the Client wants added to the site
- The Client is responsible for ensuring copyright law is followed for images/copy


In the event the Client does not deliver the above items to the Designer within the specified time frame, the Designer reserves the right to terminate the contract per the termination section of this contract and bill the Client for work already done per the Price and Payment section of the agreement.

REVISIONS ENTITLEMENT

- The Client is entitled to unlimited revisions of the work conducted by the Designer before the go live date. The Client is entitled to 4 hours of work per month after go live date included in monthly cost. Additional hours are to be billed at $150 per hour pending prior written agreement by both parties.

- After all revisions are complete, the Client will authorize go live status for the website via email to the Designer. The Designer will make the site files accessible via the domain requested by the client.

PRICE AND PAYMENT

- The Client agrees to compensate the Designer an amount of $ on go live date for web implementation services described above plus any add on services requested. The Designer will provide an invoice payable upon receipt when the website is live.

- The Client agrees to compensate the Designer an amount of $/mo for monthly website maintenance services plus any add-on services agreed to by the Client. The Client agrees to pay each invoice at BCHWebSolutions.com upon receipt.

- In the event the Designer is not paid the full amount of the invoice per the terms set out in this contract after 30 days, the Designer reserves the right to take down the website from the world wide web until all payments are received. After said remedy, the Designer will then have 1 business day to furnish the website back to its original state.

- The Designer reserves the right to adjust monthly rates at any time. The Designer must notify the customer via email of record that the rate will change at least 30 days prior to the change effective date.

- In the event of termination of the contract before the go live date, the Designer is entitled to compensation of $150 dollars per hour of work performed not to exceed the implementation cost + 6 months of maintenance cost specified by the table below.

- There are no refunds or partial refunds for the implementation fee or monthly service fee.


Payment Schedule

Implementation Fee: $
Implementation Fee Due Date: 09/27/2023 or before
Monthly Website Fee: $/mo
Monthly Website Fee Due Date: 09/27/2023 and monthly thereafter

Add-On Monthly Services:
SEO Services: $/mo
Google Ads Management: $/mo
Facebook Ads Management: $/mo
Custom Email: $/mo


First Month Total: $
Monthly Total: $

TERMINATION

- Either party to this agreement may cancel with 30 days written notice.
- In the event of termination, the Client must submit the request in writing to the Designer 30 days in advance. The Client will be bound to the payments section of this contract.
- If the Client chooses to terminate after the go live date, the website will be taken down at the end of the billing cycle and archived by the Designer for up to 180 days in the event that the Client would like to restart services in the future.
- If expressly requested by the Client, the domain transfer from Designer to Client will initiate within 30 days of termination notice of this contract. (N/A if domain already owned by Client)
- If the Client fails to supply critical information to the Designer as outlined in section II of the Description of the Project Section, the Designer has the right to terminate the contract with 5 days written notice via email to the Client and request payment for work already completed per the Payments section of this contract.

CONFIDENTIALITY

- All terms and conditions of this Agreement and any confidential information must be kept confidential, unless the disclosure is required pursuant to process of law.
- Disclosing or using this information for any purpose beyond the scope of this Agreement, or beyond the exceptions set forth above, is expressly forbidden without the prior consent of the Parties.
- The Parties agree that the confidentiality clause in this Agreement will remain active and in power even upon the termination of this Agreement.

INTELLECTUAL PROPERTY

- The Designer agrees that any intellectual property provided to him/her by the Client will remain the sole property of the Client, including, but not limited to, copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship, confidential information or trade secrets.
- The Client agrees that the website, less resources provided by the Client will remain the sole property of the Designer, including, but not limited to, copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship, confidential information or trade secrets.
- Both Client and Designer shall refrain from using such intellectual property upon the termination of this Agreement.

GOVERNING LAW

- This Agreement shall be governed by and construed in accordance with the laws of Texas.

OBJECTIONABLE CONTENT

- The designer reserves the right to cancel this agreement per the termination section of this agreement if the client provides content the designer finds objectionable. The designer has sole discretion for what constitutes objectionable material.
- The Designer may take down the website immediately and notify the client of a breach of this section of the agreement. This notification begins the termination process laid out in the termination section of this agreement.

ALTERNATIVE DISPUTE RESOLUTION

- Any dispute or difference whatsoever arising out of or in connection with this Agreement shall be submitted to mediation in accordance with, and subject to the laws of Texas.

AMENDMENTS

- The Parties agree that any amendments made to this Agreement must be in writing, where they must be signed by both Parties to this Agreement.
- Accordingly, any amendments made by the Parties will be applied to this Agreement

ASSIGNMENT

- The Parties hereby agree not to assign any of the responsibilities in this Agreement to a third party, unless consented to by both Parties in writing.

ENTIRE AGREEMENT

- This Agreement contains the entire agreement and understanding among the Parties to it with respect to its subject matter, and supersedes all prior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to its subject matter. The express terms of the Agreement control and supersede any course of performance and/or usage of the trade inconsistent with any of its terms.

REPRESENTATIONS AND WARRANTIES

- The Parties agree and disclose that they are fully authorized to enter this Agreement. Both Parties’ performances and obligations are not to violate the rights of any third party or else violate other, if any, agreements made between them and/or any other organization, person, business or law/governmental regulation.

DISCLAIMER OF WARRANTIES

- The Designer warrants to complete the Services listed in this Agreement as per the Client’s requirements and specifications. However, the Designer does not represent or warrant that such services provided in this Agreement will create additional sales, exposure, brand recognition, profits or other benefits.
- In addition to the above, the Designer holds no responsibility towards the Client in the event that the delivered work does not lead to the Client’s desired results.

LIMITATION OF LIABILITIES

- Under no circumstances will either party be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) in the event that such is not related to the direct result of one of the Parties’ negligence or breach.

SEVERABILITY

- In the event that any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain in force in accordance with the Parties’ intention.

SIGNATURE AND DATE

- The Parties hereby agree to the terms and conditions set forth in this Agreement and such is demonstrated by their signatures below: