Web Development & Design Agreement

This agreement for website development and/or digital marketing services (exact services will be listed in Section 1. Scope below) is between, Lucmia Professional Services, hereby known as the ("Provider") and your company whose proper name shall be entered below;

Name *

hereby known and referred to as the ("Client")

Email *

communicating via the above email address.

Date *

This agreement has been made and entered into by both parties involved upon the above date.

The project, hereby referred to as ("The Bern Realty LLC Website") was quoted as $3,900.

The Bern Realty LLC Website has an estimated* (see section 2B for Terms) completion date of 07/29/2021.

1. Scope of Service

PROVIDER will provide the following services to the CLIENT:

Complete Recreation of BernRealtyLLC.com using Elegant Themes "Divi" theme with Front End Visual Builder.

Scope also includes:
• Update and Re-Author Custom Plugin;
• Proper Schema Markup, Sitemap, Metadata, and Other Requirements for Optimal SEO;
• C-Panel, FTP, and CMS Accounts;
• WPForms Pro License at no Cost;
• 1 Yr of Wordfence Pro Security License at no Cost;
• Help Files/Videos, In-Person Training on Site Upon Completion or Request

Do you agree to the SCOPE OF SERVICE listed above? *

YES
NO

2. Summary of Service

We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if things go wrong. In this contract you won't find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what's best for the safety of both parties, now and in the future.

A. In Short

You, "the Client" are hiring Lucmia Professional Services to design and develop a web site for the estimated total price of $3900, outlined in our previous correspondence (Invoice# 5634). The agreed payment plan is at the end of the document.

B. What Do Both Parties Agree To?

As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will push to meet all the deadlines set but we can't be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.

Do you agree to the SUMMARY OF SERVICE listed above? *

YES
NO

3. Details of The Services Provided

We will recreate the exact design of your current website, BernRealtyLLC.com keeping the look-and-feel, layout and all functionality currently included and listed in the Scope (section 1 above). This contract includes no creative design, as the design will remain the same. If you're not happy with the redesign upon completion, you can request up to 3 rounds of revisions, assuming all are inline with original project and not out of scope. If you are still not happy at this time, you will pay us in full and can continue to commission us to make further design revisions at the hourly rate set out in our original estimate or negotiate a flat-rate fee for additional work needed.

A. HTML/CSS Layout Templates

If the project includes XHTML or HTML markup and CSS templates, we will develop these using valid HTML5 markup and CSS3 for styling. We will test all our markup and CSS in current versions of all major browsers including those made by Google, Apple, Microsoft, and Mozilla. We will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way, in older browsers. We will not test the site in old or abandoned browsers, for example Microsoft Internet Explorer 7 and below for Windows or Mac, previous versions of Google’s Chrome, Apple's Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at the hourly rate set out in our original estimate for any necessary additional code and its testing.

B. Text Content

We are responsible for all text copy currently being displayed in your live site. Beyond that, we will utilize dummy (placeholder) text, unless we are further commissioned to write new text. We'll be happy to help though, and in addition to the estimate we will charge you at $35/hour [our HOURLY COPY FEE], including a free initial consultation, for copy writing or content input.

C. Photographs & Media

We will utilize the media and content currently displayed on your live site. Should you (or us if choosen to manage your site) receive a copyright claim to any images provided from previous developers, we can find suitable replacements on your behalf. Any time we spend searching for or taking appropriate photographs will be charged at $35/hour (our HOURLY PHOTO FEE), after a free initial consultation to determine if this is the best route to take.

D. Changes & Revisions

We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don't want to limit either your options or your opportunities to change your mind.

The estimate/quotation prices at the beginning of this document are based on the number of days that we estimate we'll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages, templates, or add new functionality, that won't be a problem. You will be charged the hourly rate set out in the estimate originally given to you. Along the way we might ask you to put requests in writing so we can keep track of changes.

E. Third Party Licenses

We may occasionally opt to buy third party products to achieve some of your needs. This is in an effort to save you money by not paying our developers to redo work that already been created in a very solid product currently in the market. The original developers, more than likely have spent a significant amount of money and time developing this product, working through bugs, and getting the code compliant to a standard marketplace. They are often selling it cheaper than we could develop it ourselves. If we can do the development of the product ourselves at a lesser cost, we would not be using this third party product to begin with. In the event that we do use an outside product, any licenses needed to activate the product or renew will be covered by us, the PROVIDER, unless otherwise stated. All future updates and renewals will be included in the estimate for the project, unless, again, we have specifically stated that those costs will not be covered.

F. Technical Support

You may already have professional web site hosting, you might even manage that hosting in-house; if that's the case, great. If you don't manage your own web site hosting, we can set up an account for you with our sister company, Lucmia Hosting. Our hosting uses solid state hard drives, more base-level ram, and more cloud-based resources than majority of our competitors. If we develop your site, there is no fee for installing your site on this server, or for setting up any statistics software such as Google Analytics. All of the updates to, and management of that server, plus any support issues will be up to you unless you enter a separate agreement for maintenance and support.

We provide technical support direct for web site hosting, email or other services relating to web site hosting. If you do require help with anything beyond the design and development of your site, we'll be happy to help but may direct you to Lucmia Hosting where a proper support ticket can be made to see your issue through to completion.

4. Legal Stuff

We can't guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so we can't be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

5. Copyrights

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by yourself, or that you have permission to use them.

When we receive your final payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them. We usually maintain a backup of sites we’ve designed for 1 (one) year, as beyond that a site with a CMS (content management system) that has been constantly updated and maintained could potentially have unsafe files if uploaded.

You also own text content, photographs and other data you provided, unless someone else owns them. We own the XHTML markup, CSS and other code and we license it to you for use on only this project.

Any third party applications, plugins, themes, or products used will continue to be owned by the developer of the product, with use limited to the rules of the applicable license.

We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design. We will also include a “site designed by” link to our site in the footer. This will look something along the lines of, but may not be exactly worded, sized, or in the font shown below:

© 2021, All rights reserved by [YOUR COMPANY]. Site Designed by Lucmia Professional Services.

Should you require our information not be included in the footer, an additional fee of $150 will be applied as a balance to potential monies lost. This link is trackable, and we can see that traffic to our site came from this link should that be the case.

6. Payments

We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we're also sure you'll want to stay friends, you agree to stick tight to the following payment schedule, which will be as follows, but may be revised based on further conversations between us.

Payment #1 - 50% deposit of total estimated fee: $1,950

Payment #2 - 50% remaining balance payable upon completion (no later than 14 days): $1,950

Interest will be accrued if payment is more than 14 days late in the amount of 5% of the outstanding balance. Interest is added every 7 days, starting from 15th day after receipt of finished product.

7. But Where Is All The Sneaky Fine Print?

This is not sneaky. But it is our fine print...

Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts continue to be enforceable.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of the United States Court System.

Everyone involved will receive a digital copy of this contract and should keep a copy for their own records. Electronic Signature of this contract constitutes a legal signature and is the same as signing in person by hand. This contract was electronically signed by Timothy Caronti, Owner of Lucmia Professional Services, prior to being sent to you to be completed.

8. Electronic Signature

Name (Client) *

Name (Provider)

Title (Client) *

Title (Provider)

Signature (Client) *

Clear Signature

Signed (Provider)

TERMS of ACCEPTANCE and SIGNATURE

I understand that checking this box constitutes a legal signature and agree to the below Terms of Acceptance.

I, the [Client] for this contract, warrant the truthfulness of the information provided in this application. I agree that I am able to make decisions on behalf of the [Client] and that either I have consorted with any other necessary parties prior to signing or their input was not needed for these decisions. I understand that upon completion of the final payment that the "ownership" of the site is transferred completely to the [Client], but not prior. I also understand that term "ownership" is used in reference to standard website development practices. In particular, your domain name is owned by ICANN and the right to use it is leased to you by a domain registrar. You have full control over your domain and they will not be registered to us, but may be managed by us at your request. Your web design and coding is owned by us, until your final payment, where that ownership is transferred. In the event that 3rd party plugins, themes. CRM's (Content Management Systems), or any other products are used, these are simply licensed for your use to which the terms would be mentioned. Content you write and add, photographs you take or purchase, and other self provided media belong to you. Stock photography is only licensed, even if it was purchased indefinitely.