Thank you for choosing Black Hills Web Works to handle your website project. The following agreement, along with any and all documents linked to from this agreement, is a contract between you and me, and it specifies the terms and conditions of this project. When you submit this form a copy of this agreement will be sent to the email address you specify below. You should keep a copy of this contract for your records. After I have reviewed and approved this agreement and the information you provide about your project, I will send you an electronic copy of this contract containing my signature and an invoice for the project set-up fee.
This contract is not valid or in force until you have paid the invoice that I will send you.
Please contact me if you have any questions about any item in this contract.
You are engaging me, John Sundberg, dba Black Hills Web Works, a sole proprietor, located at PO Box 456, Spearfish, SD 57783, as an independent contractor for the specific project of developing a website to be installed on Internet web space located on a website hosting service’s server. You authorize Black Hills Web Works to publicize the completed website to Internet search engines, display the site in Black Hills Web Works’ online portfolio, and other Internet directories and indexes. By submitting this electronic document, you agree with Black Hills Web Works as to the legitimacy of this contract.
What is Included in this Project
- Use of a website built with the latest version of WordPress and the Genesis framework, and the design template of your choice.
- Placement of your existing logo, provided by you. The logo may be reformatted and optimized for website usage.
- Adding and formatting content (text, photos, graphics, links, files, initial blog posts, etc.) provided by you.
- Creating and arranging pages and menus based on the sitemap you provide with this form.
- Adding additional users as needed with applicable “permission” settings to insert and/or modify website content.
- Ongoing access to WordPress tutorial videos and help documentation, available in the WordPress admin area.
What is NOT Included in this Project
- Exclusive rights to the design template that you select.
- Ownership of this website.
- Email accounts. I recommend using Google Apps, which is available for $50 annually per user. If you already have Google Apps, or intend to start using it, I can help you get it set up with your domain.
What is Included in Managed Hosting
- Critical software updates for WordPress, plugins, themes, etc.
- Daily and weekly backups of your website
- 10 GB of premium server space for WordPress and your content
- 1 TB of monthly bandwidth
- 20 GB of Amazon S3 audio storage space (that’s about 15 years worth of weekly sermons)
- 1 GB of video space on Black Hills Web Works’ Vimeo PRO account
Additional space and/or bandwidth can be purchased depending on your needs.
Starting, Scheduling, and Completion Provisions
All work and services provided by Black Hills Web Works will begin after you have completed these three steps:
- You complete and submit this contract.
- You pay the set-up fee invoice in full. I will send you an invoice after reviewing your information.
- You send all of your website content to me. I will create a Dropbox folder for this project to make it easy for you to do this.
After those three steps are complete I will add you to my project schedule and let you know when I will begin working on your website.
I will build your website on my development server. When your website is complete I will send you the URL address for the development site so that you can review and approve your new website.
When you have reviewed and approved your website I will send you an invoice for the first year of managed hosting. When you have paid this invoice I will move your website to its final location and complete the launch process. At this time you will have access to the WordPress admin so that you can begin managing your content and using your website.
Content and Permission
You are responsible for supplying me with all the content to be included in your website. Content includes complete text, graphics, and/or any other necessary items that are not developed by me for the website.
Please send your finalized copy (text) in electronic format. Time required to make substantive changes to the content or format of client-submitted text after the website has been constructed may be considered additional time and invoiced at my current hourly rate.
I reserve the right to edit any copy (text) submitted by the you, making minor corrections to grammar, spelling, punctuation, etc. unless you specifically request that I refrain from making corrections to your copy.
You represent to me and unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to me for inclusion in the project are owned by you or that you have permission from the rightful owner to use each of these elements. In addition, you will hold harmless, protect, and defend Black Hills Web Works and its subcontractors from any claim or suit arising from the use of such elements furnished by you.
Assignment of Project
I reserve the right to assign subcontractors to this project to ensure on-time completion. This doesn’t usually happen, but I reserve the right anyway.
Limitation of Liability
Black Hills Web Works does not warrant that the functions contained in the finished website or the individual web pages will meet your requirements or that the operation of the website or the individual web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the website and the individual web pages is with you, the client. In no event will Black Hills Web Works be liable to you or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the website or the individual web pages, even if Black Hills Web Works has been advised of the possibility of such damages.
Choice of Law and Attorney Fees
Regardless of the place of signing or submitting of this contract, you agree that for purposes of venue, this contract was entered into in Spearfish, South Dakota, and this agreement shall be interpreted under the laws of the State of South Dakota. Any dispute related to this contract will be litigated or arbitrated in Lawrence County, South Dakota.
In the event of litigation relating to the subject matter of this contract, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom.
Copyright, Ownership, and Termination of the Website
Any content provided by you and installed by me or by you remains your property and the copyright thereof belongs to you. All other software, scripts, graphics, design elements, etc. are the property of their respective owners and/or creators, and are provided to be used in and for your website.
Your website is a hosted product and service provided by Black Hills Web Works, and is available for you to use as long as you continue to pay the managed hosting fees. You do not own the website. Think of this like leasing a car – you have full use of the car, are responsible for what happens with the car, but you don’t actually own the car.
Should you decide to stop using your website I will, at your request, provide you with an XML export file of your content, generated by WordPress. This XML file does not contain your images, and therefore you should retain copies of all images uploaded to the website.
If any portion of this agreement is found invalid, void, unlawful or for any reason unenforceable by any court, the remaining provisions shall remain in force between the parties.
Payment of Fees
In order for Black Hills Web Works to remain in business, payments must be made promptly and on time. Delinquent bills may be assessed a $15 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty may be added for each month of delinquency. Black Hills Web Works reserves the right to remove web pages from viewing on the Internet until payment is made. Black Hills Web Works also reserves the right to suspend any or all email accounts, if any, which are serviced by Black Hills Web Works until payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. Please pay on time.
Due to the nature of digital products and services, set-up and managed hosting fees are not refundable.