Web Development, Design & Hosting Agreement
This Web Development, Design & Hosting Agreement (the “Agreement”) is made effective as of the beginning of your signed agreement, between the Client, located at Client’s Address, and BULLDOG MARKETING GROUP, a Division of Torque Lock Structural Systems, LLC (the “Web Developer”), of 28436 Roadside Dr #1, Agoura Hills, California 91301.
WHEREAS, the Client desires to engage the Web Developer for the purpose of developing, designing, and hosting a World Wide Web site (the “Web Design Project”) in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, considering the mutual covenants and agreements contained herein, the Client and the Web Developer mutually agree as follows:
RETENTION OF DEVELOPER: The Client hereby retains the services of the Web Developer for the Web Design Project, which will be hosted on the Client’s account with an Internet Service Provider (ISP)/Web Presence Provider (WPP) (referred to as the “Hosting Service”).
DESCRIPTION OF SERVICES: Beginning on the date of your signed agreement, the Web Developer commits to providing various services associated with the development and hosting of the website (collectively referred to as the “Services”).
1. WEB DESIGN AND DEVELOPMENT
BULLDOG MARKETING GROUP will design and create Client’s Website. The Web Developer will consult with the Client to discuss the design that works best to promote Client’s services and business. All programming and documentation shall comply with standards currently employed by the Owner.
1a. DESIGN TEAM
The Designer will use only qualified personnel to provide the Services (the”Design Team”). The Designer reserves the right to make changes to the Design Team in its sole discretion. The Web Developer retains the right to delegate or subcontract certain portions of the work, provided that the quality of work meets the agreed-upon standards.
2. SEARCH ENGINE OPTIMIZATION (SEO)
SEO is a process used to improve your website for search engines. It enhances the quality and quantity of traffic to your webpages organically without the use of paid traffic. Our specialists continuously strive to optimize your website content to ensure your business ranks high on search engines. SEO is an ongoing process and while every effort will be made to improve search engine rankings, Bulldog Marketing Group cannot guarantee specific search rankings or traffic results.
2a. BLOGGING
Blogging is an important component to improve your website’s SEO. Content creation and writing blog articles allow us to include internal and external links to boost traffic to your website. Including relevant key terms improves the chances of your business getting found on search engines.
3. WEB HOSTING
Web Developer agrees to provide Client with website hosting services, consisting of website server space, e-mail capability, internet access, domain name registration, and such additional services, as may be provided by Web Developer from time to time. Web Developer reserves the right to change or modify the features of Client’s service plan from time to time.
PAYMENT FOR SERVICES
In consideration of the services to be performed by Web Developer, Client agrees to compensate Web Developer for the services rendered as follows:
Web Developer’s fees for the services specified in Description of Services (above) will be charged at a rate that has been negotiated. Client will be required to pay TORQUE LOCK STRUCTURAL SYSTEMS, LLC through ACH or within 5 days of receiving the bill.
MAINTENANCE
To maintain your website, we follow a comprehensive checklist on a monthly basis. The checklist includes running security checks, testing the loading speed, fixing bugs and issues, improving your visibility, mobile capability, etc.
(a) Client agrees to pay Web Developer an amount of $700.00 monthly for the Web Developer’s Hosting services. Web Developer reserves the right to change or modify its charges for Client’s plan from time to time.
(b) Service charges are payable in advance on a monthly basis. Web Developer will invoice Client at the beginning of each payment period. Host will submit all invoices to Client by e-mail. Payment is due immediately upon receipt of the invoice. Payments are to be made by ACH, or by credit card if previous arrangements have been made.
Any changes to be made to the website hosted by BULLDOG MARKETING GROUP are to be performed by Web Developer. It is understood that Client will not have access to Web Developer’s server.
TERM/TERMINATION
This Website Design, Development, and Hosting Agreement may be terminated at any time by Bulldog Marketing Group, however, this is a binding contractual agreement for Client for a period of one year from the date of website launch. If the Client terminates this agreement before the completion of the one-year term, the Client is responsible for any outstanding fees, and services rendered will be prorated based on the services completed at the time of termination.
DISPUTE RESOLUTION
In the event of a dispute arising from or relating to this Agreement, the parties agree to first attempt to resolve the dispute through informal discussions. If a resolution cannot be reached, the dispute will be referred to binding arbitration in the state of California. Any amendments or modifications to this Agreement must be made in writing and signed by both parties to be enforceable.
ENTIRE AGREEMENT
This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written.
SEVERABILITY
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WARRANTY AGAINST UNLAWFUL USE
Client warrants and represents that Client shall use Services only for lawful purposes and in accordance with all valid federal, state, and local laws and regulations governing use of e-mail and the Internet, whether or not specifically prohibited elsewhere in this Agreement. Failure to abide by the terms of this paragraph shall be grounds for immediate termination of Client’s account for cause.
LIABILITY; NO WARRANTY; LIMITATION OF DAMAGES
(a) Client expressly agrees that use of Services provided by Host is at Client’s sole risk.
(b) Host, its agents, affiliates, licensors or the like, do not represent or warrant, expressly or impliedly, that their services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of their services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through their services, unless otherwise expressly stated in this Agreement.
(c) Host, its officers, agents, or anyone else involved in providing services shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use services; or for any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of god, communication failure, theft, destruction, or unauthorized access to Host’s records, programs, or services.
(d) Host makes no warranties or representations of any kind, express or implied, for the services it is providing. Host also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays or non-deliveries.
(e) In no event shall Bulldog Marketing Group’s liability exceed the total amount paid yearly by the Client under this agreement.
GOVERNING LAW
This Agreement has been entered into in the State of California, and its validity, construction, interpretation and legal effect shall be governed by the laws of that state applicable to contracts entered
into and performed entirely within that state.
FORCE MAJEURE
Neither party shall be liable for failure to perform its obligations due to events beyond its reasonable control, including but not limited to acts of God, war, pandemic, or other similar circumstances.
WAIVER
No waiver by Host of any breach by Client of any provision of this Agreement shall be deemed a waiver of any preceding or succeeding breach of this Agreement. No waiver shall be effective unless it is in writing, and then only to the extent expressly outlined in such writing.
ENTIRE AGREEMENT
This Agreement shall constitute the entire agreement between Client and Host, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.