WEBSITE DESIGN AGREEMENT

This Website Design Agreement (the “Agreement”) is a contract between (“Client” or “You”) and Inspector Website Builder LLC, doing business as Business Website Builder (“Company”), together, the “Parties” for web design services. Specifically, Client hires Company to design a custom Website for Client within Client’s www.Wix.com account hosted on the web servers of Wix.com.

 

By electronically accepting this Agreement (via checking a box), Client acknowledges that they have read, understood, and agreed to the terms and conditions herein.

 

THEREFORE, in consideration of the foregoing and this Agreement’s mutual promises, the sufficiency of which is acknowledged, the Parties agree as follows:

 

I. TERM

This Agreement is entered into as of this ___ day of ________ (the “Effective Date”) by and between Client and Company, located at 305 Oberlin Rd, Unit 331, Raleigh, NC 27605.

 

II. COMPANY’S SERVICES UNDER AGREEMENT

 

A. Scope of Work

Company will design Client’s Website as a custom design from scratch, built exclusively within Client’s Wix.com account. This design will incorporate information provided by Client through the Company’s questionnaire response form. Company is not responsible for Client’s statements or representations on its website, including without limitation, any of Client’s certifications, claims, professional image, or qualifications stated on Client’s Website. Client’s website will be created within Client’s account with Wix.com and will be hosted on Wix.com servers on a month-to-month or yearly basis pursuant to Client’s agreement with Wix.com and the Wix.com Terms of Use.

 

In designing Client’s website, Company may exclude from Client’s Website and directory on Wix.com Web Server any content deemed by Company to be inappropriate, unprofessional, inaccurate, discriminatory, illegal, or otherwise inappropriate for inclusion. Upon completion of the design inside the Client’s Wix.com account, Company’s responsibilities to Client conclude unless additional services are requested and agreed upon in writing by both Parties.

 

B. Website Design

Client’s Website will consist of a Home page (the “first” page for the Website) that may be reached by typing a Uniform Resource Locator (“URL”) into a Web Browser, with the URL registered through Client’s Wix.com account. The Website will be developed in the format deemed appropriate by Company. Client is responsible for registering, connecting, and pointing their registered domain to the Website URL at their own additional cost. Company is not responsible for the Client’s domain, domain forwarding, domain connecting, domain redirecting, hosting, or homepage services provided by Wix.com or any other registrar. Company is also NOT responsible for any issues with domain name connection, Wix hosting or domain payments, or website search ranking. Company will complete the Wix SEO Checklist and set up Client’s custom design according to the agreed design specifications.

 

C. Client’s Initial Review of Website

Within approximately 3-4 weeks from the date Company receives all required business information from Client, Company will deliver the website design to Client for its initial review. Client will then have up to 3 business days to review the design and request reasonable edits which Company will try to complete within 3 business days.

 

D. Website Edits & Revisions

During the initial website design and editing process, Company will make edits and updates requested by Client. These edits do NOT include redesigns, significant structural changes, or substantial updates beyond the originally agreed custom design scope. Company will spend a maximum of one hour on minor edits and revisions. Company has final discretion on design elements based on the platform’s capabilities and the Company’s expertise.

 

E. Additional Website Edits & Revisions

After the initial website design is reviewed and finalized, Client may hire Company to perform additional edits or updates to the custom website for an additional fee determined by Company. These edits will not include major redesigns or substantial changes exceeding a 10% content adjustment. Additional edits may include small updates such as replacing images, updating services, or minor text adjustments. Company may accept or decline additional requests at its discretion. If Company agrees to perform these additional edits, Client will provide access to their Wix.com account for completion.

 

F. Exclusions and Limitation of Services Provided by Company

Client is the owner and administrator of their Wix.com account and Website after the initial custom design work is completed by Company. Client agrees that Company has NO RESPONSIBILITY for any use, misuse, unauthorized access, data breaches, or security issues related to the website, nor for services like domain management or hosting provided by Wix.com. Company will not be responsible for preserving, archiving, saving, or retrieving any data or information on Client’s website. Client also agrees that Company shall not be liable for any unauthorized access or use, deletion, destruction, or loss of Client’s data or information. Company is also not responsible for maintaining, archiving, or retrieving Client’s website from Client’s Wix.com account.

 

G. Setup Meeting and No-Show Fee

The Company includes one 30-minute Zoom setup meeting to guide the Client through the process of accepting website ownership, setting up hosting, and connecting a domain name, provided through screen sharing with verbal guidance only. By scheduling this meeting, the Client consents to a $30 charge if they are late or fail to attend. A late arrival is defined as arriving more than 10 minutes after the scheduled start time, and the Company is authorized to charge this fee to the Client’s card on file.

 

H. Post-Ownership Responsibilities

Once the Client has accepted website ownership, the Company is not responsible for any technical issues that may arise with the Client’s website, including, but not limited to, domain name issues, email connectivity, hosting functionality, website accessibility, or any additional technical difficulties. The Company’s involvement is limited to screen-share guidance only, and all ongoing management, troubleshooting, and technical resolutions are solely the responsibility of the Client as the website owner.

 

III. COMPENSATION TO COMPANY

 

Operating Entity Disclosure

Business Website Builder operates as a division of Inspector Website Builder LLC. All references to “Business Website Builder” within this document refer to Business Website Builder, operating under the legal entity of Inspector Website Builder LLC.

 

A. Price for Website Design

The total starting price for all work set forth in this Agreement shall be five hundred and ninety-nine dollars ($599.00) USD, with potential additional charges based on the specific design requests and custom features desired by the Client. This price covers all work and responsibilities related to the design of the Client’s 5-page custom website within the Client’s Wix.com account, as contemplated by Business Website Builder in this Agreement. If the Client requests additional services or customizations that exceed the standard scope, Business Website Builder will provide a proposal with the agreed-upon pricing for those additional services. The Client agrees to pay this custom pricing upon acceptance of the proposal, which will serve as an amendment to the original Agreement. Once payment is received, refunds are not available, except as otherwise specified below.

 

B. Refunds and Chargebacks

By agreeing to these Terms and Conditions and making the payment for Website Design, the Client waives the right to request a refund or initiate any chargeback with their bank or payment provider. In the event a refund is granted for any reason, it will be subject to processing fees, the amount of which will be determined by the Wix Processing system at the time of refund. The Client acknowledges that any attempt to initiate a chargeback after accepting these Terms and Conditions will be considered a breach of this Agreement, and Business Website Builder reserves the right to pursue legal action and/or report the chargeback to the proper authorities for resolution.

 

C. Price for Website Hosting

Wix.com is responsible for the hosting. The price for the Server Hosting shall be set by Wix.com and chosen and agreed to by the Client with Wix.com (the “Hosting Fee”). The Hosting Fee shall commence on the date the final website is fully operational and accepted by the Client. Future Hosting Fees will be due and payable to Wix.com by the Client on subsequent monthly or yearly anniversary dates of such operational date. This hosting fee is paid by the Client to Wix.com through the Client’s Wix account. Business Website Builder is not responsible for the website hosting. Business Website Builder does not receive any portion of the hosting fees paid by the Client to Wix.com, nor is Business Website Builder responsible for any hosting-related services or support. The Client may cancel their hosting services directly with Wix.com.

 

D. Invoicing and Payment

Business Website Builder shall invoice the Client for any additional design or update services beyond the initial scope, as mutually agreed upon. The Client authorizes Business Website Builder to charge the Client’s credit card for invoices and any other sums due under this Agreement and agrees to sign any necessary authorization forms for Business Website Builder to process payments. Business Website Builder reserves the right to terminate this Agreement if the Client fails to make timely payments for any invoiced services. Unless notified otherwise in writing (via email), Business Website Builder will automatically charge the Client for agreed-upon payments. There are no refunds once services have commenced.

 

E. Written Notification

If the Client elects to discontinue monthly or yearly payments to Wix.com for hosting services, the Client must notify Wix.com directly and inform Business Website Builder of this change. Discontinuation of hosting payments may result in the website being deleted and permanently removed by Wix.com from their servers and the Internet. Business Website Builder is not responsible for archiving, saving, or retrieving any data or resources in the Client’s website, domain, email, online presence, or URL. The Client is the sole owner and administrator of their Wix.com account and website after the initial design work is completed by Business Website Builder.

 

IV. WEBSITE HOSTING

 

A. Client’s Website Hosting

Client agrees to host their Website on Wix.com servers on a month-to-month or yearly basis according to Wix.com’s terms. Company does not handle payments to Wix.com for services. Client must pay Wix.com directly and consult Wix.com for any hosting, domain, or email-related issues. Should Client terminate their arrangement with Wix.com, the website may be deleted by Wix.com from its servers and unavailable to Client.

 

V. ADDITIONAL TERMS AND CONDITIONS

 

A. Unauthorized Access or Use

Company shall have no liability to Client for any unauthorized access or misuse of the website. Under no circumstances shall Company be responsible for any third-party equipment or software issues related to Client’s account, including Wix.com.

 

B. No Third-Party Confidential Information

It is understood and agreed that Company does not wish to receive any confidential or proprietary information from Client. Client represents and warrants that any information provided to Company shall not be confidential or proprietary.

 

C. No Infringement

Client agrees not to provide Company or utilize on Client’s Website any content that infringes any patents, copyrights, trademarks, or other intellectual property rights (including trade secrets), privacy, or other rights of any person or entity. If Client becomes aware of any possible infringement on their Website, Client shall immediately cease such conduct and notify Company in writing. Client agrees to indemnify, defend, and hold harmless Company and its representatives from any alleged or actual infringement and any liability arising from this Agreement.

 

D. Limitation of Liability

To the maximum extent permitted by law, Company’s liability to Client is limited to the amount paid by Client for services under this Agreement. Company shall not be liable for special, exemplary, economic, incidental, or consequential damages, including lost profits, revenue, anticipated revenue, loss of business, or delays, whether based in contract, tort, statute, or otherwise.

 

E. Indemnification of Company by Client

Client agrees to defend, indemnify, and hold harmless Company, its officers, directors, employees, attorneys, and agents from any and all liability, loss, damage, or expense, including without limitation court costs and attorney’s fees, resulting from any claim that arises due to Client’s actions or failures in relation to this Agreement, including, but not limited to, misuse or improper use of the Website.

 

F. Privacy Policy

Company’s Privacy Policy is available at https://www.bizwebsitebuilder.com/privacy-policy, and Client agrees to the terms and conditions set forth therein.

 

G. No Representations or Warranties

Company provides services on an “as is” basis, without representations, guarantees, or warranties of any kind, either express or implied. To the fullest extent permitted by law, Company disclaims all warranties, including implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Company does not warrant uninterrupted or error-free use of services, nor any increase in revenue, website visitors, or client acquisitions.

 

VI. TERMINATION

 

A. Termination of Agreement

Company may, at its sole discretion, terminate or limit any work outstanding upon written notice (email) to Client. Upon receipt of such notice, Company shall inform Client of work completed through the termination date and deliver any existing work product if full payment for work performed has been received. Client may terminate this Agreement with 14 days’ written notice (email) to natasha@bizwebsitebuilder.com. No refunds shall be provided for work completed prior to termination.

B. Survival

In the event of any termination of this Agreement, all obligations and responsibilities of Client shall survive and continue in effect and shall bind the parties and their legal representatives, heirs, successors, and assigns.

 

VII. ADDITIONAL LEGAL TERMS

 

A. Force Majeure

Neither party shall be liable for any loss or delay resulting from force majeure events, including but not limited to acts of God, fire, natural disaster, labor stoppage, war, or inability to make scheduled deliveries. Any payment or delivery date shall be extended as necessary due to such delays.

 

B. No Agency

Company does not act as an agent for Client, nor does this Agreement create an agency, partnership, or joint venture between the parties. Client is solely responsible for legal compliance concerning its Website.

 

C. Alternative Dispute Resolution

If a dispute arises out of this Agreement, Client agrees to notify Company at alicia@bizwebsitebuilder.com before taking legal action. Both parties agree to participate in a one-hour virtual or in-person meeting to attempt dispute resolution. If unresolved, the parties agree to non-binding mediation in Raleigh, North Carolina, with each party paying half the mediator’s fees. If the designated mediator is unavailable, the parties will select a mediator from a panel provided by Cranfill Sumner Corp in Raleigh, NC.

 

D. Class Action Waiver

The parties agree that any claims or disputes will be resolved individually, with no class, representative, or collective actions permitted. The parties agree not to bring claims as a plaintiff or class member in any purported class or representative proceeding.

 

E. Statute of Limitations

No action arising from this Agreement may be brought by either party more than one (1) year after the occurrence on which the action is based.

 

F. Applicable Law / Venue / Attorney’s Fees

This Agreement shall be governed by North Carolina law. Venue for any dispute will be state and federal courts in Raleigh, North Carolina. The prevailing party in any such action is entitled to reasonable attorney’s fees and costs.

 

VIII. MISCELLANEOUS

 

A. Agreement Binding on Successors

This Agreement is binding upon and shall insure to the benefit of the parties and their respective heirs, successors, and assigns.

 

B. Waiver

No waiver of any default shall be deemed a waiver of prior or subsequent defaults of the same or other provisions of this Agreement.

 

C. Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

D. Assignability

This Agreement is personal to Client and may not be assigned unless in connection with a transfer of substantially all the assets of Company or with Company’s consent.

 

E. Integration

This Agreement supersedes all prior agreements and represents the final expression of the parties’ understanding. It shall not be modified except in writing, signed by both parties.

 

CLIENT’S ELECTRONIC AGREEMENT

By checking the box indicating acceptance of this Agreement and proceeding with the purchase, Client acknowledges and agrees that they have read, understood, and accepted all the terms and conditions set forth in this Agreement. Client further acknowledges that this electronic agreement constitutes a legally binding contract between the Client and Company, and the Client’s electronic acceptance serves as the Client’s signature.

 

Client:

By: ___________

Date: ___________

For Company:

By: ___________

Date: ___________

Title: ___________