DEVELOPMENT AND MARKETING AGREEMENT
THIS DEVELOPMENT AND MARKETING AGREEMENT, (“Agreement”) dated this 15th day of November, 2021 is entered into between MCWILLIAMS MEDIA INC., an Oklahoma Corporation, (“Developer”) and Presh Hair Design, Tyler Marsten (“Client”).
WHEREAS Developer is in the business of custom professional website
design and hosting services.
WHEREAS Client desires to retain Developer to create a website and provide hosting per the Deliverables detailed herein.
NOW THEREFORE, in consideration of the mutual promises, conditions, covenants and warranties contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1.0. Developer Services. Developer will perform the Services described herein which include design, and development of a website (“Site”), and Web Site Hosting, for Client. Specific details are listed on Schedule “A” attached hereto and incorporated herein by reference. Before delivering a Site to Client, developer will test its components to ensure the Site works correctly.
1.1. Wireframe Design. Developer has 12 business days upon the signing of this contract to submit to a wireframe to the Client. The Parties hereto shall discuss and agree upon the proposed appearance, operation and functionality of the Site when wireframe is presented. Upon agreed appearance, operation and functionality of the Site, the full buildout of Site will begin.
1.2. Site Buildout. Developer shall complete the requirements for the Site, and host it in a manner that Client can view. The first draft of the site will be available 12 business days after the approval of wireframe (See “Schedule A”)
1.3. Evaluation and Acceptance. Client shall have no more than 5 business days to evaluate and comment on the Site. All revisions from Client must be in writing or mentioned in the Markup program. After receiving Client comments, Developer shall have 3 business days to revise and submit the Site for Client’s additional review. Client will get 2 rounds of revisions for the Site. If Client fails to provide comment within the days allowed, the Site, as presented, shall be deemed accepted by Client. If Client determines, pursuant to reasonable discretion that the Site is not acceptable after 2 attempts by Developer of correction, Client is able to terminate this Agreement. Developer shall retain the entire Deposit and shall invoice Client for additional fees, if any. (See “Schedule A”).
1.4. Major Revisions. If Client desires to implement major revisions in the Design, Client shall submit to Developer a written list specifying the revisions. Developer shall provide a revised cost and time frame for the Site, and upon approval of Client, Developer shall proceed to implement the changes within the new schedule.
2.0. Fees. The total Fee for the Services being provided for Client is as follows:
*Please refer to the proposal for your pricing.
2.1. Deposit. Client shall pay a non-refundable Deposit to Developer in the amount of $1200.00 prior to the commencement of any work by Developer.
2.2. Expenses. Client shall reimburse Developer for any and all out of pocket expenses incurred by Developer pursuant to this Agreement.
2.3. Payments. Payment forms of check or credit card will be accepted for Site work. Hosting is billed recurring and will be charged to the Clients credit card below. The remaining balance of $1500.00 will be broken down as follows:
2.3.1. Credit Card Payments. Client acknowledges that the credit card information provided herein will be charged the non-refundable Deposit upon delivery of this executed Agreement to Developer. Client authorizes Developer to charge the credit card for the agreed payments per the payment schedule.
2.3.2. Cash or Check Payments. The Deposit and this executed Agreement are required before beginning Client’s project. Client’s invoices will be sent based on the agreed upon payment schedule, and payment in full is required in full within 15 days of completed site.
2.4. Late Fees. Late Payments by Client shall be subject to a late fee in the amount of $30.00 per month. If Client fails to make payments and their account becomes ninety (90) days past due, Developer shall have the right to suspend all Services, including hosting. As soon as all past due payments are made by Client to bring the account current, Developer will presume providing Services.
3.0. Hosting. If Client elects to have Developer host their Site, the hosting package must be chosen. Upon receiving the executed Agreement, hosting charges will begin and will be a separate charge each month and will be automatically deducted from Client’s credit card. Under Platinum hosting, Developer will have 7 business days to complete requests submitted via email. If one hour of work is not submitted within the current calendar month, the hour of work will not roll over to the next calendar month.
*Server must be Wordpress compatible. Square Space, Weebly and Wix are not compatible.
4.0. Schedules. Developer shall use all reasonable efforts to meet the delivery schedules set herein. However, at its option, Developer can extend the due date for any deliverable by giving written notice to Client. Any delay or non-performance of this Agreement caused by conditions beyond the reasonable control of Developer shall not constitute a breach of this Agreement. Conditions beyond Developer’s control include Force Majeure, including natural disasters, acts of government, power failure, fire, flood, acts of God, labor disputes, riots, acts of War or terrorism.
5.0. Copyright. Client owns copyright to the content of the web site. Client gives us permission to record any Zoom meetings for design purposes.
6.0. License. Client acknowledges that Developer owns or holds a license to use various development or authoring tools it uses to create websites. Developer retains all right, title and interest, including all copyright and trade secret rights in Developer tools. Subject to payment in full by Client to Developer under this Agreement, Developer grants Client a nonexclusive license to use the Developer tools to operate its Site and for no other purpose. Developer shall have the authority to state on the Site its name and to insert Hypertext links in the Site. Developer is authorized by Client to use the Site to demonstrate their portfolio of work.
7.0. Domain Name. Client, at its own expense shall obtain its own domain name and Developer has no legal or financial interest.
8.0. Disclaimer of warranties. DEVELOPER CONTENT FURNISHED UNDER THIS AGREEMENT IS PROVIDED ON AN ‘AS IS” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE NOR ARE THERE ANY WARRANTIES CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. DEVELOPER DOES NOT WARRANT THAT THE OPERATION OF THE SITE WILL BE CONTINUAL, UNINTERRUPTED, OR ERROR FEE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED HEREIN.
9.0. Liability. In no event and under no circumstances shall Developer be liable for lost profits of Client, or special or consequential damages. Client hereby indemnifies Developer from any and all claims, liabilities and costs including legal fees for defending any claim or lawsuit brought by a third party against Developer or Client.
10.0. Termination. Each Party hereto shall have the right to terminate this Agreement by written notice to the other party for material breach of any obligation herein and such breach remains uncured for a period of 30 days after written notice of such breach is provided to the other party. Pursuant to Client’s breach, Developer shall retain the Deposit and terminate the project. If Client, at any point fails to communicate within 30 days of written request from Developer for information or if Client fails to cooperate with Developer during the process, Developer has the right to stop work, retain Deposit along with all other payments made to date and A) Give all unfinished files to Client and terminate Agreement or B) Negotiate a new Schedule to complete the project when the Client is ready to resume the project.
11.0. Confidentiality. Both parties agree not to disclose the terms of this Agreement to anyone except as required by law, without the express written consent of the other Party.
12.0. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma with jurisdiction and venue in Tulsa County, Oklahoma. Any controversy regarding this Agreement shall first be submitted to mediation conducted in Tulsa County, Oklahoma according to the rules of the American Arbitration & Mediation Association. In the event of a default hereunder by either party, the non-defaulting party shall be entitled to all rights and remedies available to it at law or in equity, and the prevailing party shall be entitled to collect its reasonable attorney’s fees, court costs, and other expenses in enforcing this Agreement.
Scope of Work To Perform:
What to Expect:
New website built on Wordpress theme
Mobile responsive website that will be visible on any device
New website design with a modern look and feel
Website content proofed and edited by our writing team
Backend access with the ability to add content and edit your own site
Unique Pages: 3
Home | About | Contact Us
Standard Pages: 4
FAQ | Shop | Maintenance & Cleaning | Rental
Required Pages: 3
Content: 2,000 Words
Social Media Links
Call to action items to increase engagement and conversions
“Click to Call” from mobile phone
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written:
MCWILLIAMS MEDIA INC.