Premade Website Template Agreement and Terms and Conditions ( rev. 11/2024 )
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This Agreement is entered into by and between Bluestem Design Co., hereinafter referred
to as "The Designer" or "Seller," and the client, hereinafter referred to as "The Client" or
"Buyer," collectively referred to as the "Parties," on the date of execution.
1. Acceptance of Terms
By engaging with and paying for our services and products, you agree to these terms and
conditions.
a. Premade templates are sold "As Is": The templates offered are pre-designed or pre-
made and are sold in their existing form. The phrase "as is" usually means that there is no
warranty, guarantee, or obligation for the seller to make changes, improvements, or offer
customer support regarding the templates. The buyer accepts the product in its current state,
without expectations for modifications.
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2. License Grant
Upon full payment, this document will act as a license grant to the Buyer.
Subject to the terms and conditions of this agreement, The Designer hereby grants The Buyer a
non-exclusive, non-transferable license to use the purchased template for personal or commercial
projects. This license allows the purchaser to use, modify, and incorporate the template into their
own projects, whether for personal use or as part of a commercial venture, but does not permit
the transfer, resale, or sub licensing of the template to third parties.
3. Service Details:
a. Additional Cost: The services referenced are not included in the base price and will
incur extra charges beyond what is already agreed upon.
• Newsletter Sign-up/Lead Capture setup for the included features of one pop-up, and one
simple form. Please note that complex or advanced forms will incur an additional charge.
• SEO services include location optimization, meta tags, alt text, and keywords; however, we do
not provide reports or analytics. Clients can monitor their analytics via Google Search
Console.
• The E-Commerce package accommodates up to 15 products, and up to 6 services or
subscriptions. Combinations of products and services/subscriptions will incur additional fees.
• Video and image editing services are billed at a rate of $30 per hour and will be added to the
final invoice.
• The amount of content allowed on each page is at the discretion of the designer and will be
determined based on industry best practices to ensure optimal user experience and
performance.
4. Ownership
The Seller retains ownership of the template design and all related intellectual property rights.
The Buyer does not claim ownership of the template itself.
5. Support and Maintenance
The Seller provides limited support for the template, which may include setup assistance and
troubleshooting. Ongoing maintenance and updates are the responsibility of the Buyer.
6. Refund Policy
Due to the digital nature of the product, all sales are final. Refunds will not be issued once the
template has been delivered.
7. Payment Terms
a. Templates Payment: The full payment for the templates must be made at the
beginning of the project, before any work starts.
b. Additional Services: Client request of extra services beyond the template (such as e-
commerce, branding, or other major services), requires a 50% deposit for those additional
charges before the work on those services begins and is due upon signing the agreement.
Template customization is excluded from deposit and is to be paid in full at the time of template
purchase.
• Final payment of remaining amount is due before the site goes live.
• Invoices are due within [2] days of receipt. Late payments may incur a fee of $50 per
week past due date.
• A Wix subscription plan is required for hosting the website. Each subscription plan
includes one year of complimentary domain service. Domains may be acquired through
Wix or any other domain provider, with GoDaddy identified as a preferred option. If the
Client already possesses a domain, assistance with the transfer will be provided, along
with launch support to facilitate the website's deployment.
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8. Revisions
The Client is entitled to 3 rounds of revisions as specified in the proposal. Additional revisions
will be billed at $50 hourly Rate.
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9. Client Responsibilities
The Client agrees to provide all necessary materials (e.g., content, images, logos) in a timely
manner to facilitate the project and must possess the rights to use all provided content. All
images should be of high quality for optimal presentation. If the Client provides content for the
project, they are responsible for securing the appropriate intellectual property rights from third
parties. The Designer reserves the right to request documentation of these rights. The Client
assumes full legal and financial responsibility for any intellectual property disputes arising from
the materials supplied.
10. Ownership Rights
Upon full payment, the Client will own all rights to the completed website customized by the
designer. The Designer retains the right to showcase the project in their portfolio and social
media posts.
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• For future maintenance services, The Designer recommends designating a role as website
manager. This role allows for edits and updates without granting access to the Client’s payment
information or other personal data. This ensures both flexibility in managing the website and
the security of sensitive information.
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11. Confidentiality
Both parties agree to keep all proprietary information confidential and not disclose it to any third
party without prior written consent.
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12. Warranties and Limitation of Liability
While the Designer will strive for a functional and bug-free website, no guarantees are made
regarding the website's performance or results. The Designer is not liable for any indirect or
consequential damages.
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a. The Seller is not liable for any indirect, incidental, or consequential damages arising from
the use of the template
**The Designer is not an e-commerce sales, shipping, or tax professional. All e-commerce
settings, including payments, taxes, and shipping, should be managed in consultation with a
qualified professional. The setup performed by The Designer is provided as a basic service.
Clients are responsible for understanding and complying with their state or country’s
requirements regarding sales tax, sales permits, and related matters. The Client assumes full
responsibility for any costs, settlements, damages, or procedures related to online sales.
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13. Termination
Either party may terminate the agreement with written notice. In the event of termination, the
Client will pay for work completed up to the termination date.
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14. Governing Law
This agreement shall be governed by the laws of Texas.
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15. Modifications and Amendments
The Seller reserves the right to amend these Terms and Conditions at any time. The Buyer will be
notified of any changes prior to the next purchase.
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16. Indemnification
The Client agrees to indemnify and hold the Designer harmless from any claims, damages, or
expenses arising from the use of the website or any content provided by the Client.
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17. Force Majeure
The Designer is not liable for delays caused by events beyond their control, including natural
disasters, acts of war, or technical failures.
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18. Acceptance of Terms
By purchasing the template website, both parties acknowledge and agree to abide by these Terms
and Conditions