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Service Agreement Terms and Conditions  (rev: 10/2024)

 

Bluestem Design Co, hereinafter referred to as “The Designer or The Seller” This Agreement ("Agreement") is entered into by and between "The Designer or Seller" and "The Client or Buyer", collectively referred to as the "Parties", on the date of execution. 

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1.Acceptance of Terms
By engaging with our services, you agree to these terms and conditions.

 

2. Project Description and Scope of Services
The Designer will provide services as outlined in the project proposal. Any additional services requested will be subject to a new agreement and additional fees.

      a. Service Details:

  • The Newsletter Sign-up/Lead Capture feature includes one pop-up, one promotional banner, 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.

 

3. Payment Terms

  • A deposit of 50% is due upon signing the agreement.

  • Final payment of remaining amount is due before the site goes live. (see 3A)

  • 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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A. Launch Prior to Completion

If the Client requests the website to be launched before the completion of the full scope of work, the remaining balance of the payment shall be due upon the website going live. The Designer agrees to complete the remaining work in accordance with the previously agreed schedule or as content is provided by the Client, until the project scope is fully fulfilled.

 

4. Revisions
The Client is entitled to 3 rounds of revisions as specified in the proposal. Additional revisions will be billed at $50 hourly Rate.

5. 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.

 

6. Ownership Rights
Upon full payment, the Client will own all rights to the completed website. The Designer retains the right to showcase the project in their portfolio and social media posts. 

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.

 

7. 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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8. Warranties and 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.

**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.

 

9. 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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10. Governing Law
This agreement shall be governed by the laws of Texas.

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11. Modifications
Any changes to these terms must be in writing and agreed upon by both parties.

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12. 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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13. 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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14.  Acceptance

By signing the proposal or making the deposit payment, both parties agree to the terms outlined in this Agreement.

 

NOTE BY PAYING THE DEPOSIT OR PAYMENT IN FULL, THE CLIENT ACKNOWLEDGES UNDERSTANDING OF THESE POLICIES AND CONDITIONS.

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