This Website Design Agreement (the “Agreement”) is entered into between the Customer (the “Client”) and Dreamwise Web Solutions (the “Designer”), collectively “the Parties.”

1. Project  Description. The Client wishes to hire the Designer to create a Website. These are the specific requirements and the details as stated by the Client and accepted by the Designer. 

2. Schedule. The parties agree to a schedule in which the project should be started and completed. The Designer requires a minimum of a two week turnaround time. 
1. Initial Start Date. The initial start date is the date the project is scheduled to begin. Receiving all web content(“Website Content”), files, deposit, and signed agreement from the Client, and acceptance by the Designer, determines the actual initial start date. If all web content, files, deposit, and signed agreement have not been received within 30 days after the initial start date, the project will be considered abandoned and a $100.00 inconvenience fee will be due at the time of reopening the project, if the Designer agrees to reopen. In addition, the Client forfeits his or her deposit and this project will no longer be in effect. The project will be closed and any deposits made by the Client to the Designer will be non-refundable due to time spent to prepare for the project and place holding. The Client would then have to begin a new project if he or she wishes to utilize our services. 

2. Actual Start Date. The actual start date is the date the project actually begins. In addition, the actual start date is when all web content, files, deposit, and signed agreement from the Client have been received within the 30 day window of the initial start date and have been acknowledged and accepted by the Designer.

3. Client Review Date. Once the project has reached the half-way point of the actual start date and turnaround time, the client will be able to review the main page development and design for approval. Once the main page is approved by the Client, the project will be continued for completion. 

4. Final Completion Date. The final completion date is the date the project is scheduled to be completed; usually two weeks after the actual start date. Before the project is marked completed, the Client will have the opportunity to review and approve all pages of the development and design. Once all pages have been approved by the Client, the project will be considered completed and final. Any new design requests, changes, or revisions (“Revisions”) after the project has been completed, or after the final completion date has been reached, will be handled as a new project. The Client will be entitled up to two revisions before final approval of the project and before the final completion date is established.

3. Website Content. The Client agrees that the project cannot begin until all website content for this project (i.e., About information, words, text, files, photos, videos, logos, login information to third party software for integrations, etc.) has been received by the Designer from the Client. All Website Content must be emailed to the Designer or delivered via usb drive. The Designer does not accept content via text and is not responsible for any content that may be lost or not received through text, email, or postal mail. Any new Website Content received after the project has begun will be rejected by the Designer due to the initial project proposal amount being based on the original request. The Client will have an opportunity to request updates at an additional price once the project has been completed.

4. Revisions (Altering the Design). The Client shall be entitled to the number of revisions as stated in the agreement during this project. Any revisions beyond what is agreed upon before final approval, or final completion date, shall be chargeable at the current hourly rate and would extend the final completion date. Once the Development and Design has received final approval and the project has been closed, it cannot be altered further as this would be considered a re-design and will be handled as a new project. 

5. Payment. The Parties agree to the following payment and/or payment terms:
1. Total Fees for Services or
2. 50% Deposit (Due Before the Project Initial Start Date)
3. Remaining Balance (Due On Final Completion Date and Before Release). If for any reason final payment has not been received within 3 days after the final completion date, the project will no longer be available for release to the Client and is subject to deletion or resale. However, the project may, or may not, be held or saved by the Developer but will not be released to the Client unless the final payment has been paid in full. The Designer is not obligated to hold, store, or save this project under any circumstances whatsoever. As a result, the Client forfeits any deposits and/or initial fees paid and still owes the Designer the remaining balance.

6. Confidentiality. During the course of this Agreement, it may be necessary for the Client to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to the Designer in order for the Designer to complete the Website in its final form. The Designer will not share any of this proprietary information at any time, even after the Agreement is fulfilled. The Designer also will not use any of this proprietary information for his/her personal benefit at any time, even after the Agreement is fulfilled. 

7. Ownership Rights. The Client continues to own any and all proprietary information it shares with the Designer during the term of this Agreement for the purposes of the Project. The Designer has no rights to this proprietary information and may not use it except to complete the Project. While the Designer will customize the Client’s Website to Client’s specifications, the Client recognizes that websites generally have a common structure and basis.  Therefore, the Designer continues to own any and all template or custom designs it may have created prior to this Agreement and the Designer will further own any template or custom designs it may create as a result of this Agreement. 

8. Representations and Warranties.
1. Designer. The Designer represents and warrants that he/she has the right to enter into and perform this Agreement. The Designer further represents and warrants that he/she has the right to utilize and distribute the designs created for the Client and that such designs are not owned by anyone else to the Designer’s knowledge. In the event that the Designer does not have these rights, the Designer will repay any associated damages the Client may experience or will take responsibility so that the Client does not experience any damages. 
2. Client. The Client represents and warrants that he/she has the rights to use any proprietary information, including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, content, and links that he/she may provide to the Designer to be included in the Website. In the event that the Client does not have these rights, the Client will repay any associated damages the Designer may experience or will take responsibility so that the Designer does not experience any damages. 

9. Disclaimer of Warranties. The Designer shall create a Website for the Client’s purposes and to the Client’s specifications. THE DESIGNER DOES NOT REPRESENT OR WARRANT THAT SAID WEBSITE WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. THE DESIGNER HAS NO RESPONSIBILITY TO THE CLIENT IF THE WEBSITE DOES NOT LEAD TO THE CLIENT’S DESIRED RESULT(S).

10. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OF LOSS BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY.

11. Legal Fees. In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees. If the Client feels there has been a breach in this agreement, the Client must submit a written letter or email to the Designer within 30 days of the breach. The Designer, its employees, or affiliates will not handle disputes via phone or text, unless the Designer deems necessary to do so. 

12. Acts of God. In the event an Act of God (ex: illness, deaths, fires, floods, tornadoes, hurricanes, computer hardware failure, etc) occurs during the duration of the project, the Client will be contacted for new project completion dates. 

13. Cancellation. The Designer or the Client can choose to cancel or terminate the project at any time if either party deems necessary. However, if the Client chooses to cancel the project, the Client is still responsible for compensating the Designer 50% of the total service fees, for work and place holding, if the project has been started and 100% of the total service fees if the project has been completed. There are absolutely no refunds. 

14. Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding in the United States and International. The Parties each represent that they have the authority to enter into this Agreement. 

The Parties agree to the terms and conditions set forth above as demonstrated by their signatures, electronic signatures, and/or form submission via this website, the web, or by any other electronic means, indicating agreement to these terms and conditions.   

If you have any questions or concerns about these terms and conditions, you may contact the Developer/Designer by sending an email or written letter to:

Dreamwise Web Solutions, LLC
Attn: Client Services Dept.
PO Box 6921
Columbus, GA 31917

Last updated August 2023