Small Business Website Terms and Conditions

This agreement is between Person/Company contracting small business website design services (‘Client’) and Shick Web Design, LLC (‘Provider’), a Florida Limited Liability Company.
‘Client’ is contracting ‘Provider’ for the purpose of theme based web design and hosting. Theme based Web design hosting does NOT include custom web web page creation, logo design, stock photos, custom script design or maintenance. These items would need to be quoted on an individual basis by the ‘Provider’ UNLESS previously agreed to in writing between ‘Client’ and ‘Provider’.
Pro and Platinum packages include 1 hour of changes per month. Additional time will be billed at $75 per hour in 1 hour increments. Time not used during billing period is non-transferable and does not rollover. All payments will be due in advance. Each billing month will last for a period of no more than 31 days. Upon completion of billing period, ‘Client’ will be billed by ‘Provider’ for next month’s hosting and maintenance.
The ‘Client’ represents to ‘Provider’ and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ‘Provider’ for inclusion in web site 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 ‘Provider’ from any claim or suit arising from the use of such elements furnished by the ‚ÄòClient’.!

‘Provider’ guarantees that any text, graphics, photos, designs, trademarks or other artwork has received the proper rights and/or licenses to be used on the web site. Use of 3rd party graphical element may require a statement at the bottom of the web page acknowledging the source of the graphical element. It is agreed by both ‘Client’ and ‘Provider’ that such statement shall remain on the web site so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the web site, unless ‘Client’ receives direct authorization from the 3rd party.

Copyright to the finished assembled work of web site produced and designed by ‘Provider’ is owned by ‘Provider’. This ownership is to include rights to the design, any photos or graphics supplied by ‘Provider’, source code, and computer programs specifically designed for this web site. Upon full payment of this contract, the ‘Client’ is assigned a usage license to use as a website, the design, graphics, and text contained in the finished assembled web site during the duration of this contract.
All graphics, photos and text provided by ‘Provider’ are property of ‘Provider’ and may not be used in any media outside the web site without permission and¬†transfer of rights specified in writing between ‘Provider’ and ‘Client’. Web Site files may be given to ‘Client’ on disk or other electronic media. Possession of this disk by ‘Client’ does not constitute ownership of all file contents by ‚ÄòClient’.
In the event that ‘Client’ or other agent acting on the behalf of the ‘Client’ accesses files and disrupts the layout or functionality of the web site, ‘Provider’ can work to get the web site back up and running at the regular hourly rate of $75 per hour.
Under no circumstances, including negligence, shall ‘Provider’, or any other company involved in the creation, production or distribution of the web site, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the ‘Provider’s’ 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 nature, communication failure, theft, destruction or unauthorized access to ‘Provider’s’ records, programs or services.
The ‘Client’ agrees that the ‘Client’ is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend ‘Provider’ and it’s subcontractors from any claim, suit, penalty, tax, or tariff arising from the ‘Client’s’ use of Internet electronic commerce.
‘Provider’ is a developer of ethical web sites. As such, ‘Provider’ will not design, promote, or attach links to any site that includes adult content, nudity, obscene language or that encourages or promotes intolerance or discrimination of or towards people or peoples of any race, color, sex, creed or religion. Nor will ‘Provider’ design, promote or attach links to any site that advocates, encourages or practices the exploitation of any group or groups in society, including, and in particular, children, the elderly or the disadvantaged.
Local SEO is to include the setup of Google Local, Yelp, and Yahoo Local listings. These directories are subject to change at any time. Local SEO includes the submission of (1) office location only. As some local directories require phone or address verification via phone call or postcard, ‘Client’ agrees to work with ‘Provider’ to complete the verification process.
E-commerce packages will include the initial upload of up to 15 products. ¬†Product images, descriptions and prices must be supplied by ‘Client’. ¬†Additional products may be added at regular¬†hourly rate stated above. ¬†It is understood that our E-Commerce platform may not be able to handle complex product variations and is indented for relatively simple products. ¬†Credit card payments will be process using the payment gateway. ¬†Any credit card processing fees are above and beyond the scope of this agreement and may be changed from time-to-time by
The cost of (1) domain registration is included in this agreement. Upon cancellation of this agreement, ‘Provider’ will unlock and provide Authorize Code to transfer domain provided ‘Client’ does not owe any outstanding fees owed to ‘Provider’. Additional domains will be billed as an additional annual cost.
This agreement does not provide for any email hosting services. Such services are above and beyond scope of this agreement.
This contract will be valid for a term of one (1) year from date of signature and will auto renew each year after or until such time as ‘Client’ sends written notice of cancellation to ‘Provider’. This contract may be cancelled in writing at any time by either party.
For cancellation of design services at no fault of ‘Provider’, payment in full is required. Reasonable efforts by ‚ÄòProvider‚Äô to satisfy ‚ÄòClient‚Äô will be made; however, work already performed must be compensated for.
This contract constitutes the sole agreement between the ‘Provider’ and ‘Client’ regarding its web design maintenance service. This agreement shall be governed and construed in accordance with the laws of the State of Florida and County of Polk.
I,¬†’Client’, assert that I have the authority to make decisions concerning this website, and that I have the authority to promise payment to Shick Web Design, LLC for services rendered. I assert that I have read the Shick Web Design, LLC Contract for Web Design, Maintenance and Hosting Services and understand the contents therein.
By signing this contract. ‘Client’ agrees to pay the entire price of design and package fees as indicated in the right column of package description at the top of this agreement. The first payment is due upon ‘Client’ signature of this agreement. ‘Client’ monthly billing will begin 30 days after receipt of signed contract and payment of first month’s billing.