HOW MUCH TO MAKE MY WEBSITE ?

By accepting this Agreement, “Client” has retained ProgrammerJen / Jen Canseco(“Service Provider”) to proceed with the requested services, and agrees to the terms and conditions as set forth in this Agreement:

1. Services. Client has retained Service Provider to perform:

Graphic Design, Website Design and Development, and/or Online Marketing Services

2. Retainer Payment. Client agrees to commit to retainer fee of 50% of estimate to be paid in full prior to the start of any work. The remainder of estimate fee to be paid at completion of work prior to services being made fully available to the client. Retainer is refundable up to 3 days after payment if no work has been started, minus a $30 administration fee and any bank/credit card fees. After 3 days and/or after work has commenced, retainer is non-refundable.

3. Additional Work or Changes to Services. Client understands additional work beyond the scope of this Estimate/Agreement must be negotiated separately and will require a separate Estimate/Agreement. Services requested by Client and provided by Service Provider that do not fall within the scope of this Agreement will be billed separately according to service category with payment due upon receipt.

4. Client Responsibilities. Client understands that Service Provider is not an employee, and that this will be a collaborative, professional relationship of equals where mutual professional respect, courtesy and consideration are expected. Due to the virtual nature of the relationship, Client understands the importance of communication, especially via email, and agrees to respond to questions, requests and communications from Service Provider in a timely manner. Client understands that Service Provider is a business with other clients to serve, and requires fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunications on the part of the Client will not constitute an emergency for Service Provider. Client understands that Service Provider may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality work.

5. Office Hours & Communication. Office hours are Monday through Friday 7:30am to 5:30pm. Email or Phone Call is to be the primary form of communication between Client and Service Provider. Service Provider is available for phone calls during office hours only. Telephone meetings must be prescheduled. Cancellation requires a minimum of 24 hours advance notice. Missed meetings or cancellations without sufficient notice will be billed to Client at a rate of $55 per hour.

6. Projects Completion. Basic support receives 24-48 hours attention. Each new or special project requires a minimum of three (3) days lead time. Client will provide sufficient notice and allow for reasonable timeframes for project completions. Rush projects of 24 hours or less and projects requiring weekend or holiday work may be subject to a 25% surcharge and/or other rush fees. Service Provider reserves the right to refuse any project or service request.

7. Materials & Information. Client will provide all content, outlines, photos, project images, etc., necessary for any special projects unless specified otherwise. Source material must be clear and legible. Client is responsible for furnishing all pertinent information, and for furnishing accurate, truthful and complete information necessary for Service Provider to perform or complete the agreed services or project within a timely manner. Delays in providing required content, images etc. will result in delays of project and may result in 'Delay Fees' (see below) should required items not be provided within two weeks of initial request. Grossly delayed projects may lose their spot in the design queue creating additional delays.

8. Expenses. Expenses incurred on behalf of Client are not included in any fees and will be billed to Client. These expenses will be relayed to you as soon as possible to ensure Client understands them. Reimbursable expenses may include, but are not limited to, software costs, stock photography, specialty fonts, and onsite visits with  travel and mileage. On-site visits will be billed for meeting time, roundtrip travel and mileage. Payment is due upon receipt.

9. Delivery. Completed projects are delivered according to the projects needs (FTP to hosting for websites, Email or USB Drive for Graphic Design, etc.) or other means as required by the Client. 

10. Accuracy. Client assumes full responsibility for acceptance of work or services performed and agreed upon, as well as final proofing and accuracy. Service Provider is not responsible for errors or omissions.

11. Payment Options. AMEX, Discover, Mastercard and VISA credit cards and e-checks are accepted through PayPal or Stripe. Business Checks may be accepted with prior approval by Service Provider but no services will be rendered until the check clears the bank.

12. NSF Fees. There is a $40 NSF (insufficient funds) fee for returned checks.

13. Late Payments. Payments not received by due date will result in work cessation. Service Provider reserves the right to refuse completion or delivery of work until past due balances are paid. Late charges of 5% will be assessed on unpaid balances after 12 days and again at 30 days.

14. Lien. All materials or property belonging to Client, as well as work performed, may be retained as security until all just claims against Client are satisfied.

15. Delay Fees. Clients who consistently fail to respond to questions in a timely manner, do not supply needed information, or otherwise impair efficient workflow increase administrative time, waste hours unnecessarily, and prevent Service Provider from working to optimum standards and servicing other clients in a fair and equal manner. Service Provider reserves the right to impose delay fees and/or increase hourly rates of Clients who fall into this category.

16. Property. All billings (including invoices, statements and estimates), reports and time accounting are provided as a convenience to Client at the discretion of Service Provider and remain the property of Service Provider. Periodic audits may reveal previous billing discrepancies or errors, and Service Provider is entitled to void or recall incorrect invoices and statements and bill for any monies due on account.

17. Accuracy of Information. Client agrees that the accuracy of information supplied to Service Provider is the sole responsibility of Client, and that Service Provider is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete or untruthful information furnished by Client.

18. Indemnification/Release of Liability. Client shall indemnify, defend and save Service Provider harmless from any and all suits, costs, damages or proceedings, including, but not limited to, Service Provider’s services, pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by Service Provider including, but not limited to, all attorneys’ fees, costs and expenses incurred should Service Provider be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless Service Provider and its agents, officers and directors from liability for any and all claims, costs, suits and damages, including attorneys’ fees arising directly or indirectly out of or in connection with the operation of Client, and from liability for injuries suffered by any person relating to the Client. This agreement to indemnify Service Provider is not limited to any acts or omissions, statements or representations made by Service Provider in the performance and/or nonperformance of Service Provider’s duties hereunder and relating to all contractual liabilities, which may be alleged or imposed against Service Provider. All reasonable precautions will be taken to safeguard the property entrusted to Service Provider. In the absence of negligence, however, Service Provider will not be held liable for loss, destruction or damage of any kind resulting from items which are lost or delayed in transit, whether such transit is electronic, fax, mail or otherwise, nor for unauthorized use by others of such property. Service Provider will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruption, loss of information, plagiarism, etc. Service Provider will not be held liable for typographical omissions or errors. Service Provider will not be held liable for any ADA website compliance lawsuits, whether client choose to purchase ADA compliance add-ons or not. 

19. Termination. Services may be terminated by either party for any reason with 15 (fifteen) days advance written notice of intent to cancel. Any payments made will be non-refundable unless other arrangements are made between Client and Service Provider. Any outstanding payments will be due immediately upon termination.

20. Expiration & Modification. This Agreement shall remain in effect until such time as one or the other Party provides written notice of cancellation. This Agreement may be modified or amended as necessary after negotiations initiated by either Party. If agreement is reached, only a written instrument signed by both Parties will modify or amend this Agreement.

21. Additional Provisions. This Agreement shall be governed by and construed according to the laws of the State of Nevada, and shall not be construed against the drafter. The parties agree that any suit or action relating to this Agreement shall be instituted and commenced exclusively in the federal or state courts in Las Vegas, NV, and the parties hereby waive the right to change such venue and hereby consent to the jurisdiction of such courts. Any liability on the part of Service Provider as determined by a court of law will be limited to an amount not to exceed one month’s retainer. If Service Provider must bring suit or other action to collect on unpaid invoices or seek remedy of any other breach of contract, Service Provider shall be entitled to an award of costs, reasonable attorney’s fees and interest at the maximum rate permitted by law in addition to any other relief awarded. 

The terms and conditions of this Agreement may be modified or amended as necessary only by written instrument signed by both parties. By accepting this Agreement, I indicate that I understand, agree to and accept the terms and conditions as contained herein.