This agreement is between You and Out of a Box, LLC and is a legally binding agreement.

Summary

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

In short

You are hiring Out of a Box, LLC to design and develop a website, and to provide ongoing hosting and support services. By signing up for our services, or using our services, you agree to these Terms of Service.

1 Details of the work

1.1  What both parties agree to.  As our customer, you have the power and ability to enter into this contract on behalf of yourself, your company, or your organization. You agree to provide us with everything that we need to complete the project, including text, images, and other information as and when we need it, and in the format that we ask for. You agree to review our work and provide feedback and sign-off approval in a timely manner, too. Deadlines work two ways, and you will also be bound by any dates that we set together. 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 or slow in supplying materials or have not approved or signed off on our work on time or in a timely manner at any stage. On top of this, we will also maintain the confidentiality of any information that you give us.

1.2  Standard plan.  Our Standard plan includes the following:  WordPress installation, theme installation, one import of selected demo content, installation of essential (required by your theme) plugins, WordPress dashboard access, domain name registration of an available domain name, modification of theme style elements affecting color and font within the theme framework, basic SEO check (including a review of HTTPS implementation, notfollow attributes, hreflang implementation, duplicate tags, broken links, and page load speed), and a dedicated project manager who will be accessible via messaging through your WordPress dashboard, up until the website is made live on a public domain. Hosting and support services are included after the website is live on a public domain and include website hosting, SSL, domain registration, website backups, plugin updates, and theme updates. The services also include minor content updates as needed. A content update includes changing or adding text or images, or rearranging theme content or elements. Any content update request must be specific and limited. Server limits of 2.4 GB and 16,000 views apply. Additional server share cost will be quoted on an as-needed basis.

1.3  eCommerce plan.  Our eCommerce plan includes the following:  WordPress installation, theme installation, one import of selected demo content, installation of essential (required by your theme) plugins, WordPress dashboard access, domain name registration of an available domain name, modification of theme style elements affecting color and font within the theme framework, basic SEO check (including a review of HTTPS implementation, notfollow attributes, hreflang implementation, duplicate tags, broken links, and page load speed), payment gateway setup (adding the credentials you provide to WooCommerce), creating a checkout page, creating a cart page, creating an account page, WooCommerce product and category template setup, up to one CSV product import, population of up to 20 products, and a dedicated project manager who will be accessible via messaging through your WordPress dashboard, up until the website is made live on a public domain. Hosting and support services are included after the website is live on a public domain and include website hosting, SSL, domain registration, website backups, plugin updates, and theme updates. The services also include minor content updates as needed. A content update includes changing or adding text or images, or rearranging theme content or elements. Any content update request must be specific and limited. Server limits of 2.4 GB and 16,000 views apply. Additional server share cost will be quoted on an as-needed basis.

1.4  Outside-of-scope work.  Because web design and development is extremely complicated and multifaceted, it is impossible to delineate every possible task that would be associated with your website. As such, we will always endeavor to do our best to reach your goals. However, in the event that we determine a request or need falls outside of the scope of what your plan offers or includes, we reserve the express right to not only make this determination, but also to require additional payment for such work. We will always inform you and require your permission before completing work that would incur additional costs. These costs will be calculated based on our hourly or fixed rates for particular services, and are subject to change from time to time.

2 Cost

2.1  What each plan costs.  The Standard plan costs $480 annually plus a one-time setup fee of $500. The eCommerce plan costs $672 annually plus a one-time setup fee of $500.

2.2  Payments.  Your plan’s setup fee is due at signup and is non-refundable. You will receive one month of your plan for free and your first payment for your plan will be due thirty (30) days after signup.

2.3  Automatic renewal and cancellation.  Your plan will renew automatically each year and your card on file will be charged automatically and you give us express permission to do so. If you wish to cancel your plan, you must submit a written request within thirty (30) days of your renewal. No exception to this thirty (30) day requirement will be made, as items such as domain registration, hosting, and SSL must be procured on your behalf for the subsequent year prior to your renewal date.

2.4  Refunds.  As the work we provide is intangible and unreturnable, and often involves the purchase and procurement of resources on your behalf, it is not possible to issue refunds or exchanges. Under absolutely no circumstances will a refund be given or an owed payment be waived. An owed payment includes your first plan payment due thirty (30) days after signup as well as a renewal payment if written cancellation has not been provided in accordance with Section 2.3 of this agreement.

2.5  Disputes.  You agree to waive your rights under Regulation E to file credit or debit card disputes with your card issuer. If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this agreement, the prevailing party will be entitled to recover all costs, legal fees, and expert witness fees, as well as any costs or legal fees in connection with any appeals.

3 Miscellaneous

3.1  Copyrights.  You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by you, or that you have permission to use them. You own the graphics and other visual elements that we create for you for this project. You also own text content, photographs, and other data you provided, unless someone else owns them. We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine and news articles, and in books about web design. We also reserve the right to place text and a link in your footer that gives credit to us for your website design. These footer messages help us reduce advertising costs and keep our service affordable. As such, if you wish to have that removed, you will be charged a one-time fee of $50, due to us before we remove the text and link.

3.2  Indemnification.  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, your website and any other web pages, even if you have advised us of the possibility of such damages.

3.3  Assignment.  You cannot transfer this contract to anyone else without our permission.

3.4  Severability.  If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

3.5  Jurisdiction.  This contract is a legal document under the exclusive jurisdiction of McLennan County, Texas courts.  You agree that any disputes arising from this contract shall fall under the exclusive jurisdiction of McLennan County, Texas, and you agree to travel, if necessary, to McLennan County, Texas to appear in court. You agree to waive personal jurisdiction in your state and you agree to submit yourself to jurisdiction in McLennan County, Texas.