Cheryl Bezovie - Project Details - Brand U Agency Inc.

Services Agreement

This website development services agreement is intended as a legally binding agreement between 2502533 ALBERTA INC. o/a Brand U Agency (Agency) and Cheryl Bezovie (Client), collectively known as the “Parties”. Client has agreed to allow the above agency to create, develop, and test a website according to the below mentioned scope of work. Agency is interested in undertaking such work; and Client and Agency mutually desire to set and agree to the following terms and conditions as listed.

Scope of Work

The scope of the work for Client is listed below. Agency will start working on this project within a day after Agency receives a signed copy of this Agreement and a down payment. If the scope of work changes after signing this Agreement, Client and Agency agree to negotiate and sign an amended Agreement. Logo design and branding, including research, computer generation, color palettes, revisions, copyright of work, style guide, letterhead design, business card design, envelope design, folder design, SM post template and profile images. Website design and development on WordPress, including modern and clean design, mobile-friendly and responsive to any screen size, search-friendly, good performance and page loading speed, secure contact forms, back-end admin access, Google Analytics basic setup (track page visits), security: DV-level SSL, brut force protection, 24/7 uptime monitoring. Google Sites website. Using existing Google account and existing Google Sites website to match content and style to the new WordPress website as much as the Google platform allows. Hosting. Hosting is required for all WordPress websites. Our hosting service includes the following: secure web server to host your website, monthly security and plugin updates, security and performance monitoring, email and phone tech support, daily backups, DDoS protection, advanced firewall, malware scanning, next-gen IDS / IPS, 24/7 uptime monitoring.

Agency Requirements

Client hereby retains the services of Agency to design and develop a personal brand a website. Changes to this Agreement or to any deliverables in this contract must be submitted in writing and approved by both parties prior to taking place. Agency agrees to notify company if any risks or schedule delays may take place effecting delivery dates and presentation of the final website. Agency agrees to present the website design, with a signed design approval form, before moving to development phase.

Design

Agency agrees to attain design approval from the Client prior to launching the website by providing graphic images and/or hosting the development project on a temporary domain for Client’s review. All materials to be supplied by client must be provided with compatible file types and sizes. Upon completion and approval of its final website, or upon termination of this Agreement, whichever occurs earlier, the Agency shall deliver any and all materials developed in the course of its performance under this Agreement and any other items deemed necessary for the operation of the Client. If this Agreement is terminated prematurely, Agency will destroy any and all copies, files, and documents related to this agreement.

Pricing

The price for all the work set forth in the Agreement (excluding post-approval modifications) shall be:

1,250 CAD logo design

1,250 CAD design of additional branding elements (excluding logo)

2,300 CAD website design and development (WordPress)

40 CAD/month WordPress website hosting and maintenance

17 CAD/year domain registration and renewal

0 CAD Google Sites website (maximum possible match with the WordPress one)

0 CAD training (up 3 training sessions; 3 hours total)

Down payment

Client agrees to pay 50% down payment to initiate work and will pay balance upon completion of the project.

Termination

Client may terminate this agreement at any time, by providing written notice via email or certified mail to the Agency. Agency may cancel this agreement in the same manner if necessary. In the event that this website development services agreement is canceled by either party, the Agency shall keep the deposit paid by the Client and issue a final invoice for any unbilled time or materials if any. The Client agrees to pay the final invoice according to the terms of this agreement.

Indemnification and Limitation of Liability

Agency agrees to indemnify, defend and hold harmless Client from any and all claims, actions, damages, and liabilities (excluding, without limitation, attorneys’ fees, costs and expenses) arising (i) through Agency’s gross negligence; (ii) out of any claim that the materials or deliverables, or any portion thereof, in fact infringes upon or violate any proprietary rights of any third party, including but not limited to patent, copyright and trade secret rights; or (iii) from a breach or alleged breach of any of Agency’s representations, warranties or agreements herein. Client agrees to indemnify, defend and hold harmless Developer from any and all claims, actions, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising in any manner caused by Client’s (i) gross negligence; (ii) out of any claim that Client provided content, or any portion thereof in fact infringes upon or violate any proprietary rights of any third party, including but not limited to patent, copyright and trade secret rights; or (iii) from a breach or alleged breach of any of Client’s representations, warranties or agreements herein. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, AGENCY SHALL NOT BE LIABLE TO THE CLIENT FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOST PROFIT, LOSS OF BUSINESS OR THE LIKE) ARISING OUT OF OR RELATING TO THIS AGREEMENT, AGENCY’S PERFORMANCE HEREUNDER OR DISRUPTION OF ANY OF THE FOREGOING, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION, WHETHER SOUNDING IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, AGENCY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AGGREGATE COMPENSATION PAID BY CLIENT TO THE CONTRACTOR UNDER THIS AGREEMENT.

Conflict Resolution

This agreement shall be governed by the prevailing laws of Alberta, Canada. Should any conflicts arise related to this agreement, the Parties agree to seek a suitable resolution through a neutral arbitrator, whose ruling shall be considered final and binding on both parties.

Signature*

Project Brief and Services Agreement