Linky Web Design Services Agreement

Last Modified: September 10, 2024

By purchasing our website packages, you agree to the following Terms of Service ("Agreement") between Linky Web Design ("Company") and you ("Client").

ARTICLE I. DEFINITIONS

1. Agreement: This contract between Linky Web Design and Client, effective on the date of checkout.
2. Services: Website design, development, ongoing monthly support, and any purchased add-on services.
3. Initial Service Fee: One-time fee payable upon checkout.
4. Monthly Service Fee: Recurring fee payable starting from the date of checkout and on the same day of each subsequent month.
5. Edits and Updates: Changes to website content, such as text, images, or videos.
6. Modifications: Significant alterations to the website, including but not limited to changes in the appearance and structure of a page, the addition of a new page, reordering of sections, or the creation and design of a new section.

ARTICLE II. SERVICES AND DELIVERABLES

1. Services Provided:

Linky Web Design will provide website design, development, ongoing monthly support, maintenance, and any additional add-on services purchased by the Client.

2. Deliverables:

• Final delivery of the Client's website consists of posting the website to Linky Web Design’s server.
• For any add-on services purchased (e.g., additional pages, blog integration, analytics, logo design), Linky Web Design will deliver these as agreed upon in the purchase.

ARTICLE III. PAYMENT TERMS

1. Initial Payment: The Initial Service Fee of $990 for the Basic Package or $1,900 for the Influencer Package is due upon checkout.
2. Monthly Payments: Monthly Service Fees of $159 for the Basic Package or $199 for the Influencer Package will be charged starting from the date of checkout and on the same day of each subsequent month.
3. Authorization for Automatic Billing: By entering into this Agreement, Client authorizes Linky Web Design to automatically charge the payment method provided at checkout for the Monthly Service Fees and any applicable fees for add-on services on a recurring basis.
4. Add-On Services:
• Additional Pages Over 5: $250 initial fee, $10 per month
• Blog Integration: $500 initial fee, $30 per month
• Analytics Report and Access to Analytics Portal: $250 initial fee, $20 per month
• Logo Design: $350 one-time fee
5. Late Payments: A $20 late fee applies if payment is not received within 7 days of the due date.
6. Month-to-Month Agreement: This is a month-to-month agreement and may be canceled by either party at any time.
7. Edits and Updates: Included at no additional cost as part of monthly services.
8. Modifications: Billed at $150 per hour.

ARTICLE IV. DESIGN AUTHORITY

Linky Web Design has final authority over all design decisions to maintain the website's integrity, accessibility, and best practices. Requests deemed unreasonable or contrary to these standards will not be implemented.

ARTICLE V. INTELLECTUAL PROPERTY AND LICENSE

1. Client Intellectual Property:

Client retains ownership of all content provided, including text, images, videos, and any domain name registered.

2. Company Intellectual Property:

Linky Web Design retains ownership of all intellectual property, including website code and design.

3. License Terms:

Linky Web Design grants Client a temporary, non-exclusive license to use the website as long as Monthly Service Fees are paid. This license does not permit transferring the website to another provider or duplicating it elsewhere. The license is revoked upon termination.

ARTICLE VI. CANCELLATION AND TERMINATION

1. Non-Payment: Linky Web Design may terminate the agreement if payments are not received on time.
2. Harassment: Linky Web Design may terminate the agreement if Client engages in any form of harassment.
3. Contract Cancellation: Upon termination, Client will pay for all work completed up to the termination date.
4. Post-Termination Rights:
• All monthly services will cease, including website hosting, support, and maintenance.
• Domain transfer assistance is available at $150 per hour if requested.
5. Fees Owed to Company: Linky Web Design retains the right to recover all due charges up to the termination date.
6. Continued Indemnification: Both parties agree to mutual indemnification after termination.

ARTICLE VII. LIABILITY AND INDEMNITY

1. Company Liability: Linky Web Design is not liable for any damages, losses, or lawsuits resulting from the website.
2. Client Indemnity: Client agrees to indemnify and hold Linky Web Design harmless from any claims arising from website use.

ARTICLE VIII. WARRANTIES AND DISCLAIMERS

1. Warranties:
• Linky Web Design warrants the right to enter into this Agreement.
• Services will be performed professionally and promptly.
2. Disclaimers:

Services are provided "as is" without any warranties, express or implied.

ARTICLE IX. DELEGATION OF DUTIES

Linky Web Design will not delegate its duties under this Agreement without prior written consent from the Client.

ARTICLE X. GOVERNING LAW AND JURISDICTION

This Agreement is governed by the laws of the State of Florida. Any disputes will be resolved in Palm Beach County, Florida.

ARTICLE XI. CONFIDENTIALITY

Both parties agree to maintain the confidentiality of all shared information.

By purchasing any services from Linky Web Design, you acknowledge that you have read, understood, and agree to these Terms of Service, including the authorization for automatic billing as described herein.