InSPAration Management

Agreement for New Website


  1. Authorization. The Client, (herein referred to as the “Client”), authorizes InSPAration Management 131 Executive Circle, Daytona Beach Fl, 32114(herein referred to as the “The Company”) to . The Client authorizes The Company to access Client’s web host server to upload and download files as needed from the Client directory for the purposes of . The Client authorizes use of Client’s logo and all brand identification in the creation . The Client also authorizes The Company to submit Client’s site to search engines and to any other directories requested by the Client for marketing purposes. If necessary, the Client authorizes The Company to purchase a domain, stock photography, and any other services or materials required for the express purpose of the creation of the Client’s website.
  2. Fees. Total fees for website service are $ Before The Company will begin work on the website, Client must sign and return this contract with the initial payment of .This payment must be sent on or before the date this contract is signed.
  3. Estimate. The following is an estimate for services to be rendered. The initial fee required for The Company to begin work is $ . Final fees and expenses shall be shown when invoice is rendered. The Client’s approval shall be obtained in writing for any increases in fees or expenses.
  4. Completion. The Company will submit to Client for approval in writing. If necessary, the Company will submit to search engines when both Client and The Company agree that website is ready for submission to search engines and directories. Time required to make changes to after The Company has already received final Client approval of will be added to the final bill. If Client has already received the final bill, time required to make changes to after Client approval will be submitted to Client as a separate bill. The Company allows for minimal revisions/changes throughout the creation project. All revisions/changes needed must be submitted by the Client and discussed for approval.
  5. Payment Terms. Until payment is received in full, The Company owns design and any files created for . Once The Company has received payment in full, the ownership is transferred to the Client. All invoices will be due upon receipt.
  6. Expenses. The Client shall reimburse The Company for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment.
  7. Deadlines. The Company agrees to have Client’s completed no later than .
  8. Copyright. The Client represents that all website content including logos, trademarks, photos, illustrations, audio, video, and written content provided to The Company are owned by the Client, or the Client has received explicit permission for use, and do not violate United States copyright law. Client has also received permission from all individuals photographed to be shown on the web. Each person in photos going online understands that their face will be seen on the Internet. Any names and contact information placed on the

    Signature of Client:
    Signature of Company:
    also have been provided with consent from each individual. Client agrees to indemnify and hold InSPAration Management harmless against all claims, including but not limited to claims of copyright or trademark infringement, violations of the rights of privacy or publicity or defamation, arising out of use of the work.

  1. Ownership of Copyright. The Company acknowledges and agrees that the Client retains all rights to copyright in the subject material.
  2. Ownership and Return of Artwork. All content created by The Company and/or its subcontractors for the Client are the property of the Client. Client hereby grants to The Company the right to use the work for demonstration of past work performed via portfolio or advertising.
  3. Cancellation of Work. In the event of cancellation of this agreement/assignment and/or nonpayment of $ total contract fees, the Company shall retain ownership of all copyrights and any original artwork.

    By Client: Client may cancel work on the website at any time by submitting notice to The Company via certified mail. The Company will halt work upon receipt of certified letter from Client requesting cancellation. At that time, Client will be responsible for paying for all work completed prior to The Company’s receipt of cancellation request. If, at the time of request for refund, work has been completed beyond the amount of work paid for by the initial payment, the Client shall pay for work completed. If, at the time of request for refund, work has been done under the amount paid for then a refund of agreed amount shall be granted. Both parties must agree to any refund amounts. If both parties cannot agree, there will be no refund granted.

    By The Company: The Company reserves the right to refuse service and cancel project if necessary, in which case, the balance of the initial payment will be returned to Client after all applicable fees have been deducted for work completed. The Company may cancel project for any reason he deems necessary, including but not limited to Client not providing necessary information, text and graphics in a timely fashion to The Company.

  1. Internet Access. Access to the internet will be provided by a separate Internet Service Provider (ISP) to be contracted by the Client and who will not be a party to this agreement.
  2. Other Electronic Commerce Business Relationships. The Client understands that the web host, credit card processing services and any other businesses not owned by The Company are not parties to this contract and are separate business entities from The Company. The Client understands that The Company has no control over functionality or availability of due to the actions or inaction of the web host server, credit card processing, online banking and any other business services the Client uses to transact business over the Internet outside of The Company. The Company makes no representations, warranties or guarantees for any recommendations of other Internet business partners.
  3. Progress Reports. The Company shall contact or meet with the Client on a mutually acceptable schedule to report all tasks completed, problems, encountered, and recommended changes relating to the development and testing of the . The Company shall inform the Client promptly by telephone or email upon discovery of any event or problem that may significantly delay the development of the work.
  4. The Company’s Guarantee for Program Use. The Company guarantees to notify the Client of any licensing and/or permissions required for art-generating/driving programs to be used.
  5. Changes. The Client shall be responsible for making additional payments for changes in original assignment requested by the Client. However, no additional payment shall be made for changes required to conform to the original assignment description.
  6. Testing and Acceptance Procedures. The Company will make every good-faith effort to test all elements of the thoroughly and make all necessary corrections as a result of such testing prior to handing over the deliverables to the Client. Upon receipt of the , the Client shall either accept the and make the final payment set forth herein or provide The Company with written notice of any corrections to be made and a suggested date for completion, which should be mutually acceptable to both The Company and the Client.
  7. Sole Agreement and Amendment. This contract constitutes the sole agreement between The Company and the Client and hereby voids any prior agreements, written or verbal. This agreement may be amended, in writing, by both parties at any time.
  8. No Guarantees. The Company makes no representations or guarantee as to the amount of traffic to the Client’s site or interest generated in the Client’s site. The Company makes no representations and does not guarantee an increase in Client sales, nor does The Company promise top listing in any search engine or directory. The Company will use their best efforts to perform under the contract.
  9. Electronic Commerce Law. The Client agrees that the Client is solely responsible for compliance with federal and/or state laws regarding any electronic commerce conducted through their website and will hold harmless The Company and his subcontractors from any claim, causes of action, penalty, tax, and/or tariff arising from the Client’s use of electronic commerce.
  10. Confidentiality. The Company understands that he will be working with confidential Client information and will only release this information to parties directly involved in . Client authorizes designer to release information to third parties requiring access for site creation. This includes, but is not limited to, website and email address user ids and passwords, trade information, and banking information should the Client request online shopping. Upon completion, Client will change any banking passwords The Company has had access to. This includes patching any third party software, such as Content Management Systems, used on the Client’s site. As no software or server is 100% safe from security breach, the Client understands that the designer cannot be held accountable for all security breaches should they occur. Further, The Company is not held accountable for patching any software that has been installed to the site without The Company’s knowledge. The Company will make updates and changes to the site, and provide information regarding the to the Client and up two of Client’s designees (herein referred to as the “points of contact”). Should any other employee or member of the Client’s organization contact InSPAration Management regarding the website, the designer will contact one or all of the three designated points of contact with the issue. Client shall notify The Company of Client’s designees in writing, and shall identify them by name, email address and phone number. Any email requesting changes to the site or information from the site that is not from a point of contact email on file will be referred to a current point of contact. Points of contact may be changed at any time during the maintenance of , provided notice is made to the designer in writing from a designated contact email. The Client will also provide an emergency contact and phone number should there be an emergency requiring input from the Client.
  11. Accessibility, Usability, Cross-Platform Issues. The Company will do their best to make as accessible, useable, and cross-platform as possible. Client understands that some features will cause a to not meet these standards 100%. The Client understands that no website will look and function identically on all browsers and operating systems and that any attempt to do so is futile.

    Signature of Client:
    Signature of Company:
    Client will be informed if features requested by the Client will negatively impact website accessibility, usability, and cross-platform use. Client agrees to indemnify and hold InSPAration Management harmless against all claims with regard to these matters.

  1. Continuing Website Maintenance and Promotion. No agreement for continuing website maintenance and promotion is contained in this contract. No maintenance or promotion will be performed by designer unless all parties reach an agreement to do so and all parties sign a or agreement. The undersigned agrees to these terms on behalf of his or her organization or business. The undersigned represents that he/she is fully authorized to sign this agreement on behalf of the organization or business represented, and that the business entity represented is bound by this agreement.
  2. Unauthorized Use and Program License. The Client will indemnify The Company against all claims and expenses arising from uses for which the Client does not have rights to or authority to use. The Client will be responsible for payment of any special licensing or royalty fees resulting from the use of graphics programs that require such payments.
  3. Warranty of Originality. The Company warrants and represents that, to the best of his knowledge, the design and development work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that The Company has full authority to make this agreement; and that the work prepared by The Company does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of The Company’s product that may infringe on the rights of others. CLIENT EXPRESSLY AGREES THAT IT WILL HOLD THE COMPANY HARMLESS FOR ALL LIABILITY CAUSED BY THE CLIENT’S USE OF THE COMPANY’S PRODUCT TO THE EXTENT SUCH USE INFRINGES ON THE RIGHTS OF OTHERS.
  4. Acceptance of Terms. The signature of both parties shall be evidence acceptance of these terms.
  5. General Matters. This Agreement shall be governed by the laws of the state of Florida and shall be construed in accordance therewith. No provision of this Agreement may be waived, except by an agreement in writing by the waiving party. A waiver of any term or provision shall not be construed as a waiver of any other provision. This Agreement shall be binding upon the parties, their successors, and assigns. This Agreement may be amended, altered, or revoked at any time, in whole or in part, by the written agreement of the parties hereto. Throughout this Agreement, the singular shall include the plural, the plural shall include the singular, and the masculine and neuter shall include the feminine, wherever the context so requires. The headings of Paragraphs are included solely for convenience of reference. If any conflict between the headings and the text of this Agreement exists, the text will control. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid for any reason, such invalidity shall not affect any other provision of this Agreement. On the contrary, such remaining provisions shall be fully severable, and this Agreement shall be construed and enforced as if such invalid provision had never been inserted in this Agreement. Any notice required to be in writing under this Agreement shall either be sent by certified mail, return receipt requested, or by personal delivery, or by fax, or by email and shall be considered as received from the party delivering such notice as of the date of the signing of the return receipt in the case of certified mail or upon the date of the signing of a receipt upon delivery in the case of personal delivery.

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Signature Certificate
Document name: Agreement for New Website
lock iconUnique Document ID: fc6ac0b22c0bb2e59db0e8b3ed909a37078e1519
Timestamp Audit
October 15, 2020 2:47 PM ESTAgreement for New Website Uploaded by Dori Soukup - accounting@insparationmanagement.com IP 108.189.179.77
October 15, 2020 3:55 PM ESTTara Lamkin - tara@insparationmanagement.com added by Dori Soukup - accounting@insparationmanagement.com as a CC'd Recipient Ip: 97.104.113.122
October 15, 2020 3:55 PM ESTDori Soukup - dori@insparationmanagement.com added by Dori Soukup - accounting@insparationmanagement.com as a CC'd Recipient Ip: 97.104.113.122