webwurld WBA

webwurld Web Build Agreement

1. Scope of this Agreement

The Scope of this Agreement ("webwurld Web Build Agreement", “webwurld WBA”, "Agreement") is to establish the Terms of said Agreement between Richard Kinsey d/b/a webwurld and "Client" as listed below. Hereinafter referred to as the "Client" and the "Parties."

The "Client" agrees to pay the sum of:

The cost (2025) for a Landing Page Build is $200 USD and will be billed in two (2) installments. First installment is due upon commencement of a signed and executed Agreement and the second and final installment due at project completion via PayPal invoices payable to Richard Kinsey d/b/a webwurld.

The cost (2025) for a Website Redesign is $400 USD and will be billed in two (2) installments. First installment is due upon commencement of a signed and executed Agreement and the second and final installment due at project completion via PayPal invoices payable to Richard Kinsey d/b/a webwurld.

The cost (2025) for a New Website Build is $800 USD and will be billed in two (2) installments. First installment is due upon commencement of a signed and executed Agreement and the second and final installment due at project completion via PayPal invoices payable to Richard Kinsey d/b/a webwurld.

The selection of which Plan shall be denoted below.

Accepted Payment Methods:
Payments can be made through:

Credit / Debit Card
Check payable to Richard Kinsey d/b/a webwurld

Late payments will incur a 5% late fee for every week of delay.

2. General Terms

The "Client" agrees to provide all necessary text and images and other content for the "Profile Page" via email delivered to an address provided to the "Client" by Richard Kinsey d/b/a webwurld.

The following is a detailed breakdown of the tasks and responsibilities assigned to each party:

For Richard Kinsey d/b/a webwurld:

Website Build: Design of the website using Google Sites and any associated product(s) provided by Google (e.g. Maps, Calendar, Forms, YouTube, etc.)

Testing: Ensure the website's functionality across various browsers and devices, as well as fixing any bugs or issues that arise. Webwurld will test website in Preview Mode within Google Sites and test website on Chrome, Edge, Firefox and Opera browsers on Windows and utilize Chrome Development Tools to test website on tablet/mobile device.

For "Client:"

Content Provision: Providing all necessary text, images, videos, and other content for the website.
Feedback: Giving timely feedback after each phase to ensure the project stays on track.
Final Approval: Granting final approval once the website meets the agreed-upon specifications and requirements.

Project Components:

Homepage: Overview of the brand, featuring a photo carousel, recent blog posts, etc.
About Page: Detailing the history, mission, and values of "Client".
Product/Services Page: Displaying products/services with descriptions, prices, and photos.
Location(s): Office and/or Shop Locations using Google Maps with links.
Events: Optional page highlighting upcoming business or organization events.
Employment: Optional employment page featuring current job openings.
Contact Page, Privacy Policy (generic) and Terms of Use (generic) are included.

3. Intellectual Property and Copyright

Upon full payment of the project, the following rights pertain to the produced website:

Ownership Rights:
The final website, in its entirety, including any created content, will be the sole property of "Client". Richard Kinsey d/b/a webwurld acknowledges that the website is a work made “for hire” for the "Client", and as such, "Client" possesses all rights, titles, and interest in the website.

Usage Rights:
Richard Kinsey d/b/a webwurld retains the right to showcase the completed website in its portfolio, marketing materials, or other professional galleries for promotional purposes. "Client" retains full rights to use, reproduce, display, and distribute the website as they see fit.

Exclusivity:
All designs and other creative assets developed for "Client" during this project are exclusive to "Client" with the exception of copyprotected products and features owned and provided by Google such as website templates, and/or the format or layout of said templates, including color scheme and themes. Any third-party products and/or apps (PayPal, Powr.io, Shopify, etc.) are not subject to this exclusivity clause.

4. Client Responsibilities

For the timely and efficient completion of the project, "Client" agrees to:

Content and Assets:
Provide all necessary content, including but not limited to text, images, videos, logos, and any other digital assets. Any delays in the provision of the said materials may lead to project delays.

Feedback and Approvals:
Provide clear and prompt feedback after each presented phase. Delays in feedback can affect the project's timeline.

Domain and Hosting:
If not already in place, procure a domain name and suitable web hosting for the website. Richard Kinsey d/b/a webwurld can provide recommendations if needed.

Collaboration:
Collaborate closely with Richard Kinsey d/b/a webwurld, ensuring open communication and providing any necessary resources or access as required.

Technical Access:
Provide Richard Kinsey d/b/a webwurld with necessary permissions or access to servers, content management systems, or other platforms if required for the project's successful completion.

5. Cancellation and Refunds

Cancellation by Client:
If "Client" elects to cancel the project before its completion, a written notice must be provided. Upon cancellation, "Client" will be billed for all work completed up to the date of cancellation. Any initial deposit (first installment) is non-refundable.

Cancellation by Richard Kinsey d/b/a webwurld:
In the unlikely event that Richard Kinsey d/b/a webwurld cannot deliver on the project due to unforeseen circumstances, the client will be notified immediately. Any payments made beyond the initial deposit will be refunded, and any work completed up to that point will be handed over to "Client".

Refund Policy:
Any payments made are non-refundable, with the exception of the aforementioned scenario where Richard Kinsey d/b/a webwurld initiates the cancellation.

6. Liability and Insurance

Liability:
Richard Kinsey d/b/a webwurld will not be held responsible for any losses incurred due to the malfunction of the website or any other services provided under this Agreement. This includes, but is not limited to, loss of data, loss of revenue, or any third-party claims.

Insurance:
It's recommended that "Client" maintains an appropriate insurance policy for any losses or damages that might arise from website malfunctions, cyber-attacks, or other related issues.

Indemnification:
"Client" agrees to indemnify and hold harmless Richard Kinsey d/b/a webwurld against any and all claims, costs, and expenses, including legal fees, arising out of the content, operation, or maintenance of the website. Richard Kinsey d/b/a webwurld agrees to indemnify and hold harmless "Client" against any and all claims, costs, and expenses, including legal fees, arising out of the services provided by Richard Kinsey d/b/a webwurld that are not explicitly covered under this Agreement.

7. Force Majeure

Neither party shall be held liable for a delay or failure in performance of the agreement for services caused by circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, wars, civil disturbances, labor disputes, government actions, interruptions of power or telecommunications services, or the inability to obtain necessary supplies.

In the event of a delay due to any of the above causes, the parties will establish an adjusted timeline and communicate any new deadlines.

If the delay persists beyond a period of 30 days, either party has the right to terminate the agreement without penalty, subject to compensation for work already completed.

8. Termination

By "Client":
"Client" may terminate this agreement at any point by providing Richard Kinsey d/b/a webwurld with a 15-day written notice. In such a case, "Client" will be billed for all work completed up to the date of termination, and any initial deposit will be non-refundable.

By Richard Kinsey d/b/a webwurld:
Richard Kinsey d/b/a webwurld has the right to terminate this agreement if "Client" fails to comply with any provisions of this Agreement, including delayed payments, with a 15-day written notice. Upon termination for this reason, all payments made to date will be non-refundable.

Effects of Termination:
Upon termination of this agreement, all rights and duties of both parties, with respect to the project, will cease, except for the rights of action accruing prior to termination and any obligations already specified and lasting beyond termination.

9. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of the State of Alabama, United States. Both parties consent to the exclusive jurisdiction and venue of the courts in the State of Alabama, United States for all disputes arising out of or relating to the execution, interpretation, performance, or breach of this Agreement.

Both parties agree that any controversies or claims shall be resolved in a court of competent jurisdiction within the aforementioned region, and both parties hereby consent to the jurisdiction of such courts.

10. Confidentiality

Both "Client" and Richard Kinsey d/b/a webwurld recognize and acknowledge that, in the course of fulfilling this Agreement, each may obtain confidential information about the other. Such information includes, but is not limited to, business operations, strategies, client lists, financial data, and other proprietary knowledge.

Both parties agree to treat all such information, whether oral, written or digital, as strictly confidential during the tenure of this Agreement.

Neither party shall, without the written consent of the other, disclose, share, or make use of any of the aforementioned confidential information, except for the purposes of fulfilling the obligations of this Agreement.

Any documents, notes, digital files, or other items that encompass or reveal any of this confidential information, which are in the possession of either party in relation to the Agreement's execution, must be returned or destroyed upon the Agreement's conclusion or termination.

11. Change Orders (Optional)

Any request by "Client" to modify, expand, or reduce the scope of the project after this Agreement has been signed shall be termed a "Change Order." The "Client" shall submit a written request via email detailing the desired changes.

Richard Kinsey d/b/a webwurld will evaluate the request and provide an estimate of additional costs and time required, if any. Both parties must agree in writing (ELECTRONICALLY) to the terms of the Change Order, including any adjustments to the project's budget or timeline, before the changes are implemented.

Additional costs incurred due to Change Orders will be billed separately and are not included in the original Agreement amount. The payment terms for these additional costs will be specified in the Change Order Agreement.

Any request by "Client" to modify, expand, or reduce the scope of the project after this agreement has been signed shall be termed a "Change Order."

Procedure:

"Client" shall submit a written request detailing the desired changes.
Richard Kinsey d/b/a webwurld will evaluate the request and provide an estimate of additional costs and time required, if any.
Both parties must agree in writing to the terms of the Change Order, including any adjustments to the project's budget or timeline, before the changes are implemented.

Cost Implications:
Additional costs incurred due to Change Orders will be billed separately and are not included in the original Agreement amount. The payment terms for these additional costs will be specified in the Change Order agreement.

12. Testing and Acceptance

Testing Phase:
Upon completion of the web design and development phase, Richard Kinsey d/b/a webwurld will conduct both functional and performance testing of the website. This ensures it meets the agreed-upon specifications and functions correctly across different browsers and devices.

Client Review:
"Client" will then have a review period of 15 days to test and review the website. During this period, "Client" must notify Richard Kinsey d/b/a webwurld of any discrepancies between the delivered website and the agreed-upon specifications.

Corrections:
Richard Kinsey d/b/a webwurld will address and correct any reported discrepancies within a reasonable time frame.

Acceptance:
If no discrepancies are reported by "Client" within the review period, or once all reported discrepancies are addressed, the website will be considered accepted by "Client".

13. Maintenance and Support (Optional)

Maintenance Period:
Richard Kinsey d/b/a webwurld agrees to provide "Client" with maintenance services for the website for a duration of thirty (30) excluding federal holidays following the date of acceptance. This period can be extended upon mutual agreement.

Services Included:
The maintenance services shall include:

Regular updates to ensure compatibility with the latest browsers and devices.
Minor content updates or changes as requested by "Client".
Addressing any bugs or issues that may arise post-launch.

Exclusions:
Major changes or additions, such as adding new pages, redesigning existing pages, or adding new functionalities, are not covered under this maintenance agreement and would require a separate agreement or Change Order.

Support:
For any issues or requests, "Client" can reach out to Richard Kinsey d/b/a webwurld through email or the webwurld contact page on the website. Response times will typically be within 48 hours.

14. Alabama Uniform Electronic Transactions Act (UETA)

The Alabama Uniform Electronic Transactions Act (UETA) facilitates the use of electronic documents in business, commercial, and governmental transactions. A record or signature cannot be denied legal effect or enforceability solely because it's in electronic form.

15. Acknowledgment and Signatures

This Agreement becomes effective and legally binding once signed (ELECTRONICALLY) by both parties. By signing below, both parties affirm that they have read, understood, and agreed to all terms and conditions outlined in this webwurld Web Build Agreement.