Service Agreement
Introduction
This website design, website development and website redesign agreement or contract (referred to as –“Agreement”, throughout states the terms and conditions of our services including initial development, support services, hosting services and other additional services. Upon signing this agreement electronically or physically it is understood that this agreement has been read and understood fully as well as agreed upon to.
This agreement is a legally binding agreement between aWebsiteCompany registered as Mordrn LLC (referred to as – “The Developer”, “The Company”) registered in 8 The Green STE R, in the city of Dover with zip code 19901, in the state of Wyoming in the country of The United States of America and all clients/customers or receipient of services, directly or indirectly.
Scope of Work
The scope of work was designed at will by the developer and presented to the client who then approved. Initially, the scope of work is proposed electronically using a website demo which showcases a plan and outline of the website proposed. Upon approval, the client would then submit a partial payment and a full payment at the end of the project. This client is deemed satisfied upon full payment and would then be offered this document to be signed to have the project considered completed.
Refunds
As we engage in work in phases such as providing a demo or outline then asking for partial payment then engaging in completion and only then asking for full payment, we do not offer refunds. The client is given enough time to express their dis-satisfaction throughout the process before full payment is made. If full payment is made, it is understood that the client has deemed that all requirements have been fulfilled in a satisfactory manner.
Website Hosting
We utilize three forms of hosting which can be chosen by the client. The first is developer shared hosting which means the website is hosted on servers provided by the developer which is shared by other websites or parties. This is either free of charge or comes at the monthly or yearly cost to the client. The second form of hosting is developer dedicated hosting which means the developer charges the client a fee for hosting the client on a dedicated server which is not shared by other websites or parties. The third type of hosting is client hosting which means the client purchases their own hosting and allows the developer to design and develop the website or other deliverables on their chosen platform. The developer in this hosting is not liable for any cost.
Hosting Agreement
If the client choses to purchase their own hosting they are in agreement with the terms of conditions provided by such platform. The developer is not liable for any damages, downtime or in agreement with their hosting provider. If there are any issues with the website deemed to be caused by the hosting provider, additional charges may be incurred by the client to repair the website in any capacity.
If the client chooses to have hosting managed by the developer, the developers are not liable for any damages or liabilities incurred by the client. The client waives the client from all liability pertaining to the website, hosting and additional services while holding the developers harmless whether it be from legal, financial or other liabilities.
The developer reserves the right without notice to change hosting providers, remove website upon giving the client a reason and for any reason. The developer reserves the right to remove the website for dormancy. Dormancy means that the website has not had meaningful traffic within sixty-days and is determined by the developer in an audit. The client also agrees that free hosting if offered by the developer can also be discontinued at any time without notice.
The developer however would offer the client in certain instances to migrate the website to a hosting provider of their choosing at their purchase. The client also reserves the right to migrate the website anytime and for any reason however acknowledging the costs associated with such migration must be paid by the client. In addition, migration services for free may be offered by the developers to assist however with some websites, charges may be incurred by the client.
The client is also bound by the terms and service of our server providers at all times.
Customer Support
Customer Support is generally offered via our list of after sale services and is usually free of charge for basic changes determined by the developer. In some cases for changes determined by the developer, the client may be told of a charge before the changes are conducted. In this case, the cost for the changes must be paid before the changes are made. Free customer support however is a service the developers take pride in providing and seek to make it as holistic as possible. Regardless, there are some limitations which can be determined by the developer on a case by case basis.
Third Party Applications
Third party applications also referred to in this document as plugins, API’s, scripts, codes or similar services that the developer did not natively design or develop. An example is WooCommerce. These applications are crucial for the website and offer certain functionality to the website however are managed by other agencies and developers.
The client acknowledges by having those services added to their website they waive us from all liability pertaining the using the application. They agree to hold the developers harmless for any financial, data, technical or legal losses/issues that can be occurred by using third party software. The client also acknowledges that they and not the developer and bound by the terms and conditions of those specific applications and release us from all liability.
Third Party Applications can cause unexpected issues for various reasons such as but not limited to with the websites after updates or in conflict with other applications. To resolve this the developer may, at-will provide free customer support however in some instances charges may be incurred by the customer.
Domains
Domains are provided free of charge the first year by the developer. Each year domain renewal fees are charged by an international organization in charge of such and means this renewal fee plus any service charges would be billed to the client. Failure to make the payment timely, may result in the domain registrar, expiring the domain and removing it from the developer or client’s account which will result in the website being taken offline.
The client at any point would be able to ask for the domain to be migrated to their registrar and account however must pay the transfer fee given to them by that registrar. We recommend Namecheap and will prioritize transfers on their platform.
Copyright
In many instances, the developer may use stock photography, videography and other content. This is usually licenced content from websites such as elements.envato.com. The client is bound to the agreements provided by all licensees. The client will also have the ability to upload any content on their websites and accepts all liability for all content uploaded on their website whether it be by the developer, themselves, their staff and any other party. The client agrees to hold the developer harmless and release them from all liability.
Staff & Other Parties
Any changes done by staff, other developers or other parties if deemed to be malicious or without due diligence in terms of the number of requests API’s made on the website or other similar, to be determined by the developer can result in the website being terminated from free hosting if the client is currently utilizing it.
The client is responsible for all changes made by themselves, staff or any other party once the project is completed.
Data & Privacy
The developers at all time, will keep a log-in for the website. The data of the website can be viewed by the developer, stored and otherwise utilized with or without consent. In addition, the client acknowledges that their website logo can be used by the developer in promotional material with or without consent.
The client is liable for all data from their customers, clients, themselves or any other party on the website and should take reasonable measures to protect all parties data. Data can be credit card information, addresses or any other information stored on the website at any time.
Indemnification
The client agrees to use all developer services and facilities at their own risk and agrees to defend, indemnify, save and hold the developer harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against the developer or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the client or its third parties. The client agrees that this indemnification extends to all aspects of the project, including but not limited to website content and choice of the domain name. The client also agrees to indemnify, hold harmless and defend, the developer against any liabilities arising out of injury to property or person caused by any product or service sold by the client or any service provided or agreed to be provided or by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any company, person, business, clients, customers, organization or similar.
Upon logging into any Dashboard, Backend or Website Hosted by us or developed or similar, you are binded to this agreement.
