Niche Monkeys Custom Website Agreement
This is an agreement between us, Niche Monkeys, LLC., a Utah Limited Liability Company, and you.
We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. So in short, you are hiring us Niche Monkeys, LLC to design and develop a web site for the price as outlined in the package you have chosen. Of course it’s a little more complicated, but we’ll get to that.
What do both parties agree to do?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll provide us everything we need to complete the project when and in the format we need. You’ll review our work, provide feedback and approval in a timely manner. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline set and furthermore we’ll maintain the confidentiality of everything you give us.
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every page as a static visual. We may use static visuals to indicate a look-and-feel direction (color, texture and typography.) We call that ‘design atmosphere.’
You’ll have plenty of opportunities to review our work and provide feedback.
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
Desktop browser testing
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer/Edge) and Mozilla Firefox. Although we support Internet Explorer, we do not support internet Explorer versions 9 or below because Microsoft has discontinued support for those versions as well. If you need an enhanced design for an older browser, we can provide a separate estimate for these circumstances.
Mobile browser testing
Testing popular small-screen devices is essential in ensuring a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our work in:
- iOS (iPhone & iPad): Safari, Google Chrome
- Android 5.0 Google Chrome
We currently don’t test Blackberry, Opera Mini/Mobile, Windows Phone or other mobile browsers. If you need us to test using these, we can provide a separate estimate for these circumstances.
Changes and revisions
We know from experience fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, this won’t be a problem as we’ll provide a separate estimate for these circumstances.
Hosting and Maintenance
You also agree to a one year hosting contract at the rate of $199/month. At the end of the 12 months you have the option to renew for another 12 months or go month to month. Each customer that signs a 12 month hosting contract with us receives 12 hours of maintenance time (for website revisions, additional content implementation, image swapping, etc.). Those hours may be used anytime during that 12 month period.
Any refund requests during the design and build process will be awarded the total project cost minus the cost of the work that has been put into the project to that point. Because we start designing immediately after getting started, all refunds are subject to a minimum 30% fee. No refunds will be issued after the site is completed.
We can’t guarantee our work will 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, even if you’ve advised us of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
First, you guarantee all elements of text, images or other artwork you provide are either owned by you, or you have permission to use them.
We love to show off our work and share what we’ve learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio.
Payment to be made in 2-6, $2,500 monthly installments depending on the package you have chosen to suit your business’ needs. These installments include your monthly hosting/maintenance fee. Payment on any changes or additions to be made within 30 days of your acceptance of the estimate.
Just like a parking ticket, you can’t 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 of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of the Fourth District Court for the State of Utah, Provo Division. This agreement shall be construed and governed under the laws of the State of Utah.
Niche Monkeys Maintenance & Hosting Agreement
This agreement is made between Website owner, the Client, and Hosting Provider, the Company, Niche Monkeys, LLC. The purpose of this Agreement is to set forth the terms under which Company will provide Web Hosting services on behalf of Client.
Subject to the terms and conditions of this Agreement, Company will provide Web Hosting services for Client subject to the following terms:
Length of Service
Client agrees to an initial twelve (12) month contractual term of service (“Term”) that includes 12 hours of website revisions (content changes, adding pages/images/galleries, etc… ).
Service Start Date
Payment starts one month following your purchase date. You will be charged for maintenance & hosting every month based on the date you purchased your site.
Renewal by Client
This Agreement will continue month to month after the first Term is completed unless canceled in writing by Client at least 30 days prior to the end of first Term OR renewed for another twelve (12) month Term that includes 12 hours of website revisions.
Cost will be $199 per Month and includes the following:
- Reliable Hosting
- Scheduled Daily Backups
- Content Management Updates
- Website Plugin Updates
- Free CDN
- Maintained SSL encryption
- Malware Scan
- Routine Maintenance/Changes
Please note that no cPanel access will be given to Client, and any changes to be made to the site after it has gone live are not included in the monthly charge. Additional changes are quoted for the time they take to complete. Website revision hours can be used for these changes, if Client has no revision hours or chooses not to use them they will be charged the hourly rate of $100/hour.
Terms of Payment
Payment starts one month following your purchase date. You will be charged for maintenance & hosting every month based on the date you purchased your site. For the first 2-6 months (depending on package), this payment will be included your $2,500 payment. Failure to timely make any payment constitutes a breach of this agreement.
Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information, and pricing.
Company will exercise no control whatsoever over the content of the information passing through the network, email or web site.
Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Company is at Client’s own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Company does not represent guarantees of speed or availability of end-to-end connections. Company expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Trademarks & Copyrighted Material
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of Company and Client.
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals. Jurisdiction for any disputes shall lie exclusively with in the jurisdiction of the 4th District Court of Utah, State of Utah, Provo Division.
Client shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Company directly or indirectly arising from or in connection with Client’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.