This Service Contract (the 'Agreement') was issued on August 18th, 2023 and will be made effective as of the signed date at the bottom of the contract, by and between Sajah’s Design Studio otherwise: Us, We, I, SDS, the 'Web Designer' and ("The Client")
The purpose of this Agreement is for Sajah's Design Studio to design an Author Website for the Client. This is a 24-48 hour website design package that will be provided at a cost of $298 USD to the Client.
The services to be delivered under this agreement are as follows: - Premade Theme - Mobile-friendly - 1 Revision - GDPR Compliant - 30 Days site maintenance: Updating website and plugins. - 30 Days site Content Updates: Update Author information, books, blog, images and video etc
The Website will have the following features: - 5 Default Pages: Home, About, Books, Blog, Contact, Newsletter Page, Privacy Page - Up to 10 books - Extra Books: Additional fee - Basic branding elements (Color & font styles) - Header - Logo (Unless author provides their own) - Footer - Social Media links: URL's provided by the author. - Newsletter signup form: Provided by the client's email provider. - Contact form *Optional
This is a one-time website design service to be completed within 24-48 business hours after the start date. The specific project timeline will be confirmed in the acceptance email. Sajah's Design Studio will begin work on the website design once the following items are received from the Client: - Signed copy of this Agreement
- Full payment of $298 USD, unless otherwise agreed upon in writing
- All required website content (text, images, videos, audio, etc.)
- Login credentials and access to hosting account and domain, if applicable. By providing website/hosting login details, the Client authorizes Sajah's Design Studio to access the account solely for purposes of this project. The project will conclude within 48 business hours after Sajah's Design Studio has received all necessary information from the Client: content, payment, and signed Agreement. The project may be completed sooner if the Client approves the final website design prior to the 48 hour deadline. If the project extends past the deadline due to delays caused by the Client, a 5% daily surcharge may apply until the project is completed. Client delays may include but are not limited to: 1. Failure to respond to messages, emails, calls from Sajah's Design Studio 2. Insufficient content or information to complete the requested work
The total fee for this website design service is $298 USD. Full payment is due upfront before Sajah's Design Studio begins work on the website design. Given the short 24-48 hour timeframe for this website package, no payment plans are available. If full payment of $298 USD is not received within 24 hours of signing this Agreement, Sajah's Design Studio reserves the right to cancel the project timelines and deadlines. In such case, the discussed project duration and completion date will be considered null and void. Sajah's Design Studio will not begin work until payment is received in full. Upon clearing of payment, the 24-48 hour website design timeframe will begin.
Any external costs incurred solely for the purpose of designing the Client's website will be billed to the Client's email address on file. Such additional costs may include, but are not limited to: software, fonts, graphics, plugins, etc. Sajah's Design Studio will invoice the Client directly for any additional costs related to the website design. These charges may be included on the initial $298 USD invoice, or sent as a separate invoice if incurred after the initial billing. Full payment of all invoiced amounts is required before Sajah's Design Studio begins work on the website design. All additional costs must be paid in full before ownership and rights to the website can be transferred to the Client.
The services provided under this Agreement will be performed remotely by Sajah's Design Studio based in Bowmanville, Ontario, Canada.
All communication between Sajah's Design Studio and the Client regarding this website design project will occur via email or Facebook Messenger. The Client and Sajah's Design Studio agree to respond in a timely manner to any requests or questions that arise over the course of the project. Quick and consistent communication will help ensure successful completion of the website design within the 24-48 hour timeframe.
If the Client has their own web hosting, Sajah's Design Studio will build the website in a staging environment for review and testing. On the final day of the project timeline, the Client will sign off on all design elements including colors, typography, etc. before the site goes live.
Sajah's Design Studio will utilize a pre-made theme and customize the Client's website colors, fonts, logo, and author content including biography, book information, images, videos, and links. Structural elements of the theme will remain unchanged. The Designer will provide a preview URL for the Client to review the staging site and confirm it meets all discussed requirements. The Client agrees to thoroughly test the staging site and submit any change requests by email/message. Once final revisions are complete and the Client signs off on the website design, or if the 48 hour project timeframe ends without additional Client feedback, Sajah's Design Studio will transfer the files from staging to the Client's live hosting environment.
Hosting With Sajah's Design Studio
If the Client chooses to host their website with Sajah's Design Studio, the site will be designed on our servers and set to a temporary "Coming Soon" page. Once the Client pays the website design fee in full, the WordPress login credentials and limited collaborator access to the web hosting account will be provided via email. As a Collaborator, the Client can: - Access most Site Tools in the control panel - Install/remove applications - Add subdomains - Create backups and restores -Install SSL certificates - Request support from Sajah's Design Studio
The Client may request minor modifications during the 24-48 hour project timeline, such as changes to font style, colors, or element positioning. The Client is allowed 1 round of revisions, which must be submitted by email/message within the original 24-48 hour timeframe. If no revision requests are received during that period, the website design will be considered accepted and finalized. Completion times for revisions will vary depending on scope, but Sajah's Design Studio will aim to implement changes efficiently. All modifications will align with the original website design brief. Any revision requests outside the scope of the agreed upon brief will be treated as a new project, requiring new terms and pricing.
Invoices and Additional Fees
The initial $298 USD website design fee and any extra costs incurred for software, fonts, graphics, plugins, etc. are non-refundable. Paid invoices will not be transferred or credited to any future projects.
For Sajah's Design Studio to deliver the final website, the Client must have an existing domain and web hosting solution in place. The completed website design will be published directly to the Client's live web hosting environment. If the Client does not have existing hosting, Sajah's Design Studio can arrange hosting and apply the website design to that new account for an additional fee.
This Agreement covers website design services only. The Client is responsible for providing all required text, images, videos and other content for the website, ideally after receiving the project acceptance email. If the Client does not provide real content within 24 business hours of project kickoff, Sajah's Design Studio may use placeholder text/images on the website mockups, to be replaced later by the Client's content.
If the project timeline is delayed due to events outside of Sajah's Design Studio's reasonable control, such as illness, emergencies, or acts of God, the Designer will promptly notify the Client. In such cases, the Client will be provided with a new estimated delivery date. The Client may agree to the revised timeline or choose to terminate this Agreement and receive a partial refund dependent on the current stage of the website design. Full refunds will not be provided in the event of delays caused by circumstances beyond Sajah's Design Studio's control. The Designer will make reasonable efforts to avoid or minimize any project delays.
The Client may terminate this Agreement without penalty if Sajah's Design Studio fails to complete the website design within the 48 hour timeline, through no fault of the Client. If the Client terminates for any other reason, no refund will be provided and Sajah's Design Studio retains all rights to any design work completed up to the termination date. If project delays are caused by the Client's failure to provide required information, content, or approvals despite reasonable efforts by Sajah's Design Studio, a 5% daily late fee may be added to the total project cost for each business day until the project can be completed. Sajah's Design Studio has the right to terminate this Agreement if the Client fails to submit all necessary information and payments when due. In case of termination by Sajah's Design Studio, the Designer will retain all rights to the website design, including all versions and elements, which can be used, exhibited, or sold by the Designer. In the event of termination by either party, Sajah's Design Studio is not obligated to provide any full or partial refunds.
Intellectual Property and Ownership
The Client retains ownership of any trademarks, copyrights or other intellectual property provided to the Designer for inclusion in the website design. The Designer retains all ownership rights to any software, code, themes, plugins, applications or other digital products procured or licensed by the Designer for use in creating the website. Until full payment is received, the Designer retains all ownership rights to the website design work and files. Upon clearing payment, ownership and rights will transfer to the Client, with the exceptions noted in the Terms of Service. The Client will receive only final approved versions of the website design and deliverables. The Designer retains rights to all rejected versions, drafts and unfinished work.Until the project is paid in full, Sajah's Design Studio retains all ownership rights to the website design work and files. Once the Client pays the full project balance, ownership and rights will be transferred to the Client, with the following exceptions: Sajah's Design Studio reserves the right to display screenshots and content from the final approved website design for promotional purposes in its portfolio and materials. The Client will receive only final approved website design files. All preliminary design drafts, rejections, and unfinished versions remain the sole property of Sajah's Design Studio.
Sajah's Design Studio agrees to keep confidential any proprietary information provided by the Client for this project. Such confidential information will only be shared internally with other team members on a need-to-know basis to deliver the services outlined in this Agreement. The Client's personal details and information will not be shared with any external parties without the Client's explicit written permission.
The Designer is an independent contractor and this Agreement does not create an employer-employee relationship between the Client and the Designer. This Agreement also does not create a joint venture or partnership between the parties. The Designer reserves the right to engage assistants or agents in fulfilling the Services outlined in the Agreement. The relationship between the Client and Designer is non-exclusive, as the Designer provides services to multiple clients, some of which may be competitors of the Client.
After launch, the Designer will provide the Client with instructions on how to navigate and update content on the website. The Designer will also be available within the 30 day post-launch support period to answer any questions the Client has about using the site. Support is limited to the first 30 days after the site goes live. If the Client requires further assistance after this period, additional fees may apply. Support includes 30 days of content updates by the Designer (uploading author content, videos, images, links, etc.) and site updates (updating WordPress system and plugins). Ongoing maintenance such as SEO optimization, security, database management, etc. are not included. The Designer will not fix issues arising from edits made by the Client. Such issues may terminate the 30 day support period early.
The Client is responsible for providing all required text, images, videos, and other content to be included on the website. Once the website is live, the Client is responsible for adding any new content, maintaining security, creating backups, and performing any needed software updates. Sajah's Design Studio is not liable for ongoing maintenance, security, or backups of the Client's website after the project completion date.
The Designer is not liable for any legal damages, financial losses, loss of sales, or lack of growth arising from the Client's use of the website, social media profiles, or newsletter. The Client agrees to release the Designer from liability for any legal disputes related to the website, social media, newsletter, or any other services provided. The Client assumes full responsibility for any such issues.
Governing Law and Jurisdiction
This Agreement shall be governed by the laws of the Province of Ontario, Canada without regard to conflict of law principles. Any dispute arising out of or relating to this Agreement that cannot be amicably resolved between the parties shall be submitted to binding arbitration in Ontario, Canada. Judgment on any arbitration award may be entered in any court of competent jurisdiction. The prevailing party in any dispute shall be entitled to recover reasonable attorneys' fees and costs.Indemnification
The Client agrees to defend, indemnify, and hold harmless the Designer from and against any third-party losses, damages, liabilities, expenses, or costs (including reasonable attorneys’ fees) arising from or relating to: - Any negligent acts, omissions, or willful misconduct by the Client; - Any allegations that information, content, or materials provided by the Client violate any applicable law or third-party intellectual property, privacy, or other rights; - The Client's use of any deliverables in violation of this Agreement. The Client's indemnification obligations shall survive the expiration or termination of this Agreement. The Designer agrees to provide the Client with prompt written notice of any potential indemnity claim and cooperate reasonably in the defense of such claim.By signing this contract, the Client agrees to have their website designed by the Designer in accordance with the Terms and Service listed on the Designer's website, which are incorporated by reference into this Agreement.
