It is our privilege and duty to serve you, our client. The sole intent of this document is to ensure we will have a good experience together.

ROLES AND RESPONSIBILITIES

Selworthy ("us", "Selworthy", Selworthy, LLC.", the “developer,” the “host,” the “provider”) and the client ("you", the “individual,” the “corporation,” “the company,” the "client" or the “partnership.”)

THESE TERMS AND CONDITIONS SERVE 4 DIFFERENT TYPES OF AGREEMENTS:

1. Standard web development projects and other one-off services
2. Payment plans for website and other related services
3. Monthly plan websites
4. Recurring & monthly-plan retainers

1. STANDARD WEB DEVELOPMENT PROJECTS AND OTHER ONE-OFF SERVICES

We will always do our best to fulfill your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.

You are hiring us, Selworthy, LLC., to design and develop a website (and/or other services) for the estimated total price as outlined in our proposal. Of course it’s a little more complicated, but we’ll get to that.

WHAT DO BOTH PARTIES AGREE TO DO?

As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we’ll need to complete the project – including text, images and other information – as and when we need it and in the format we ask for. You agree to review our work, provide feedback and approval in a timely manner too. Deadlines work two ways and you’ll also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract. We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we’ll also maintain the confidentiality of any information that you give us.

DOWN TO THE NITTY GRITTY

We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.

When it comes to web development/design work, graphic design work, content creation work, and/or any other work that may/can/will require client feedback that is included in this contract we limit all changes to 2 rounds (unless otherwise stated in the agreement or contract that is provided or invoice). Anything beyond the 2 rounds of changes (or what is stated in the agreement or contract that is provided or invoice) will constitute as an out-of-scope change and require a change request/order as well as final payment on the entirety of the project prior to commencing those changes.

The estimate/quotation prices that these terms are referring to are based on the amount of work we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. However, you will be charged accordingly and these additional costs will need to be agreed to before the extra work commences. This additional work will affect deadlines and they will be moved accordingly. We’ll be upfront about all of this if and when it happens to make sure we’re all on the same page before proceeding. We may also ask you to put requests in writing so we can keep track of changes. If the nature or functions of the project change significantly throughout the process, we reserve the right to deem the current project cancelled. At this point you will pay us in full for all the work we have done and may commission us to complete the new project based on the new requirements. This will require a new quote and contract.

CLIENT FEEDBACK & RESPONSE

As part of the standard project process, we dedicate certain resources on our team to complete your project. During that time, those resources are dedicated to your project and are allocated in our project budget. This plays a major role in the response time for projects. Whenever we request feedback, content, information, assets, etc. from you (the client) it is imperative that we receive feedback or related information within 5 business days. For every business day beyond the 5 business days, there will be a $100 fee assessed (unless written prior approval is given from Selworthy on a case by case basis).

LEGAL STUFF

We can’t guarantee that the functions contained in any web page templates or in a completed website will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if you have advised us of the possibilities of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

PAYMENTS

We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to one of the payment schedules as per the payment and fees below.

All Sales are Final. All sales pursuant to the Invoice(s) and this contract are Final and there are NO refunds for any reason. If client decides to discontinue Services (for any reason), client remains liable for all sums due under the Invoice(s), this contract, and these Standard Terms.

If you are unable to supply all of the right content upon completion of development, it does not mean we have not done our job. Once the site has been tested and is ready to go live, either with your content or placeholder images and dummy text, we will issue the final invoice. Once the final invoice is paid we will hand over the keys and show you how to put your own content in once it’s ready. If the final invoice is not paid within the credit terms we have given you, we are under no obligation to keep the site on our testing server or continue with the project in anyway.

Just like a parking ticket, you can’t transfer these terms to anyone else without our permission. These terms stay in place and need not be renewed. If for some reason one part of these terms becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and these terms are a legal document under exclusive jurisdiction of the courts of North Carolina, USA.

2. PAYMENT PLANS FOR WEBSITE AND OTHER RELATED SERVICES

All standard terms found in the above "Payment plans for website and other related services" apply to "Payment plans for website and other related services" with the addition of:

The client does not become owner of the work and is explicitly not entitled to ownership of any of the work until all of the payments (and any related fees) have been fully satisfied.

The client is responsible for all hosting, domain, and any expense related credit card fees while the payment plan is being paid. Once the payment plan has been fully satisfied the client can transfer the site to hosting of their choice.

If any payments are late, Selworthy reserves the right to asses a late fee and/or interest charges. These additional fees and charges will become due immediately or at terms set by Selworthy.

If Selworthy is unable to collect payment on one or more agreed payment dates and any of those payments become more than 30 days past due, Selworthy reserves the right to report delinquent payments to the 3 major credit bureaus. In addition, Selworthy reserves the right to seek legal and financial remedy through the local courts of North Carolina, USA.

3. MONTHLY PLAN WEBSITES

Client can cancel services at any time with 45 days written notice.

Selworthy agrees to the following:

•  Monitor the overall performance of the Website for functionality, and maintain the Website.
•  Host the website
•  Devote as much productive time, energy, and ability to the performance of its duties hereunder as may be necessary to provide the required Services in a timely and productive manner.
•  Perform the Services in a workmanlike manner and with professional diligence and skill, using fully-trained, skilled, competent, and experienced personnel.
•  Take every step to ensure the Website remains functional and operating.
•  Maintain password secrecy and notify the Company immediately of any loss or theft of passwords or if the confidentiality of any password has been compromised.

The client agrees to the following:

•  Monitor the content of the Website for items that need to be corrected or updated and provide such updates or corrections to the Provider.
•  Maintain password secrecy and notify the Provider immediately of any loss or theft of passwords or if the confidentiality of any password has been compromised.

Selworthy must use commercially reasonable efforts to minimize disruption of the Website and to schedule Website maintenance.

In the event of a problem with the website, Selworthy agrees to provide the following levels of support:

URGENT PROBLEM. IF THE WEBSITE SUFFERS FROM AN URGENT PROBLEM, INCLUDING, BUT NOT LIMITED TO, THE WEBSITE BECOMING UNUSABLE, THE PROVIDER UNDERSTANDS THAT TIME IS OF THE ESSENCE AND WILL USE BEST EFFORTS TO CORRECT THE PROBLEM AS SOON AS POSSIBLE. THE PROVIDER WILL CONTINUE TO UPDATE THE COMPANY OF THE STATUS OF THE PROBLEM UNTIL THE PROBLEM IS RESOLVED, AT WHICH TIME, THE PROVIDER WILL IMMEDIATELY NOTIFY THE COMPANY THAT THE PROBLEM HAS BEEN CORRECTED.

IF THE SELWORTHY BECOMES AWARE OF AN URGENT PROBLEM BEFORE THE COMPANY BECOMES AWARE OF IT, THE PROVIDER WILL IMMEDIATELY NOTIFY THE COMPANY OF SUCH PROBLEM.

Non-Urgent Problem. If the Website suffers from a non-urgent problem, the Selworthy understands that time is of the essence and will use best efforts to correct the problem as soon as possible. The Provider will continue to update the Company of the status of the problem until the problem is resolved, at which time, the Provider will promptly notify the Company during normal business hours that the problem has been corrected.

Maintenance, Support, and Update Requests:

All requests must be made either via email or the support/client portal.

Jurisdiction for One Week Website is in Shallotte, North Carolina. If something ever goes wrong we will notify you by email or phone call.

Both parties (Selworthy and the client) agree that this contract will not be construed against either party. Any ambiguity is not being held against one party over the other. Total liability of the website, hosting, or maintenance package purchased cannot exceed the total cost of the package.

PAYMENTS

If Selworthy or the client would like to move their website the client will be assessed a $350 transfer free to migrate the site to another provider. For the client to obtain ownership of the site, the value of the site is calculated at 24 times the monthly cost minus the payments made to date. For example, if the monthly cost is $300 and the client has paid for six months, then the client would be responsible for 18 months of payments (18 x $300) plus the $350 transfer fee. The $350 transfer fee includes 1.5 hours worth of work. Any additional time to transfer will be billed at $125 an hour. Once this occurs, Selworthy is no longer responsible for any element of the site and no further warranty is provided or included.

If the client has opted for the renewal re-design, the client is required to pay the remaining months for the new re-design to obtain ownership of either prior created sites under this plan or the newly re-designed site.

The client may cancel at any time with 45 days notice and if they choose not to take ownership of site, they will not be responsible for any additional fees.

4. RECURRING & MONTHLY-PLAN RETAINERS

Any terms provided here that are also provided in an agreement, contract, or proposal between Selworthy and the client are superseded by the terms provided in said agreement, contract, or proposal. The terms found here are only valid if that individual term is not provided in an agreement, contract, or proposal OR if no agreement, contract or proposal is provided.

Terms:

•  Cancellation of service: Client agrees to provide a 90-day cancellation notice in writing.
•  Payment will be made via automatic payment on the monthly renewal date using the payment method that was used for the initial 1st month's payment. If the client wishes to change or update the payment method, the client must provide the updated payment details 7 days prior to the monthly billing date.
•  Late payments: Selworthy reserves the right to assess a late payment fee of up to 10%.