WEBSITE AGREEMENT – Media Design

This agreement is between: southeasthottubhire.co.uk (‘Client’) and Media Design (‘Developer’)

‘Client’ Contact Information:

Name: Evelina Dauksaite

Email: eve@southeasthottubhire.co.uk

Phone: 07715941733

Services Provided

‘Client’ is contracting ‘Developer’ to provide website design and maintenance services. This includes adding new pages and products, maintaining website security and functionality, editing content and simple modifications to scripts, templates, applications, databases and website hosting configuration.

2. Services Excluded

Unless previously agreed to in writing website maintenance does NOT include website redesign, custom images or artwork, custom script design. Also excluded are hosting fees, ecommerce related services or fees, like credit card processing fees or shopping cart purchase or rental, SSL certificate costs, domain name registration and services provided by any 3rd party. These items would need to be quoted on an individual basis.

3. Additional Charges

‘Client’ is responsible for license fees for any 3rd party images, programs, plugins or scripts. ‘Client’ can pay for these directly or with ‘Client’ approval ‘Developer’ can license them and bill the cost plus 10% to ‘Client’.

4. Copyright and Trademarks

The ‘Client’ represents to ‘Developer’ and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ‘Developer’ for inclusion in Website are owned by the ‘Client’, or that the ‘Client’ has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend ‘Developer’ from any claim or suit arising from the use of such elements furnished by the ‘Client’.

All graphics, photos and text provided by ‘Developer’ are property of ‘Developer’ and may not be used in any media outside the single Website without permission or transfer of rights specified in writing between ‘Developer’ and ‘Client’.

‘Developer’ guarantees that they have received the proper rights and/or licenses for any text, graphics, photos, designs, trademarks or other artwork to be used on the Website. Use of 3rd party graphical element may require a statement at the bottom of the web page acknowledging the source of the graphical element. It is agreed by both ‘Client’ and ‘Developer’ that such statement shall remain on the Website so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the Website, unless ‘Client’ receives direct authorization from the 3rd party. It is the responsibility of ‘Client’ to make sure that required source acknowledgements are placed with appropriate elements.

Copyright to the finished assembled work of individual website pages produced and designed by ‘Developer’ is owned by ‘Client’. This ownership is to include rights to the design, any photos or graphics supplied by ‘Client’, not including source code, and computer programs specifically designed for this Website. Upon full and final payment of this agreement, the ‘Client’ is assigned copyright to use on a single Website the design, graphics, and text contained in the finished assembled Website.

‘Client’ agrees to the placement of a small link at the bottom of their home page advising visitors that the site is maintained by ‘Developer’. Link shall go to ‘Developer’ website home page or another page of ‘Developer’s’ choosing advising visitors about ‘Developer’s’ website maintenance services. Link shall stay in place while changes made by ‘Developer’ are used by ‘Client’.

4.1. ANNUAL WEBSITE MAINTENANCE PLAN

Yearly recurring plans are billed yearly until canceled. There is a 35-day notice of cancellation prior to the next billing cycle required by either party. Notice must be given in writing via email, or telephone. Any time not used within the current annual billing period will expire at the end of that billing period. There is no rollover of time to the next billing period and no refunds or credits will be issued for expired time. Time not used is non-transferrable. If the maintenance work runs exceeds prepaid time, any additional time will be billed at the initial prepaid rate.

4.2. WEBSITE MAINTENANCE PLAN

QUARTERLY

Unlimited hours of Prepaid Web & Server Maintenance – Billed quarterly at a rate of £75 every 3 months (see Section 1 for details)

The ‘Client’ agrees to pay for all billed hours above and beyond those included in the ‘Quarterly Website Maintenance’ plan at the initial prepaid rate listed above. The ‘Client’ can purchase additional hours of ‘Prepaid Web Maintenance’ to cover anticipated work. All prepaid ‘Prepaid Web Maintenance’ plans are good for 1 year from date of this agreement and expire after that time. Exceptions to this may be made at the ‘Developer’s’ discretion and must be in writing.

5. Late Fees

There are no late fees assess to your billing cycle, however delinquent bills may experience disruption to website functionality, email, and any other associated services, it’s important that you renew at the prescribed time. If a domain is not renewed on time, it will enter the Redemption Grace Period. During this time your domain will stop working, and no changes can be made to the domain. ‘Developer’ reserves the right to discontinue any remaining work until payment is made.

6. Account Access, Hosting & Credits

‘Developer’ agrees to provide ‘Client’ cPanel server access and full File Transfer Protocol (FTP) and secure shell access to hosting server and website backend if Client website is hosted with Media Design and is on a non-shared server. ‘Client’ understands that website changes may require a change in hosting services and will be invoiced if such change is required.

7. Assignment of Work

‘Developer’ reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion. ‘Client’ agrees to not contract with or hire either directly or indirectly any employee or subcontractor of ‘Developer’ without Developers written approval.

8. Indemnification

‘Client’ agrees that it shall defend, indemnify, save and hold ‘Developer’ harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, (“Liabilities”) asserted against ‘Developer’, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by ‘Client’, its agents, employee or assigns. ‘Client’ agrees to defend, indemnify and hold harmless ‘Developer’ against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with “Developer’s” service, any material supplied by ‘Client’ infringing on the proprietary rights of a third party, copyright infringement, and any defective product which ‘Client’ has sold in the Web Design.

9. Limited Liability

‘Developer’ does not warrant that the ‘Client’ website will meet the ‘Client’ requirements or that the operation of the website will be uninterrupted or error-free. The entire risk as to the quality and performance of the website is with ‘Client’. In no event will ‘Developer’ be liable to the ‘Client’ 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 this website, even if ‘Developer’ has been advised of the possibility of such damages. In any event liability shall be limited to amount paid for service.

10. Sole Agreement

This agreement constitutes the sole agreement between ‘Developer’ and ‘Client’. Any additional work not specified in this agreement must be authorized by a written change order. All prices specified in this agreement will be honored for six (1) year after both parties sign this agreement. Continued services after that time will require a new agreement.

11. Jurisdiction

This agreement shall be governed and construed in accordance with the laws of the United Kingdom (England and Wales). The parties agree that if any part, term, or provision of this Agreement shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected thereby.

12. Laws Affecting Electronic Commerce

From time-to-time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend the ‘Developer’ and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.

13. Disputes

If a dispute arises under this agreement, ‘Developer’ and ‘Client’ agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: London, England. Any costs and fees other than attorney fees associated with the mediation will be shared equally.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, ‘Developer’ and ‘Client’ agree to submit the dispute to binding arbitration at the following location: London, England under any existing Arbitration Association guidelines. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.