WDMA
This Website Design and Marketing Agreement (the “Agreement”) is entered into on the “Effective Date”, by and between
the “Client” and “You”
and Salon Guru Limited - the “Designer” and “We”
with an address of :
Essex House
39-41 High Street,
Dunmow,
Essex, CM6 1AE
collectively the “Parties”
Any variations to this agreement will be in writing and agreed by both parties.
Project Description
The client wishes to hire the Designer to design, Build and write the content for a website and then provide a continuing Hosting & Maintenance subscription service for the website.
Additionally, the client may also agree to ongoing Marketing services.
Schedule 1 provides some examples of the services that can be provided under the 3 categories above.
Payment Terms
Initial work will not start until 50% of the Build payment has been received with the balance due on launch. If you choose to pay over 6 months, work will start after the 1st monthly payment has been received. Monthly fees must be paid on an agreed date each month.
Failure to pay fees on time may lead initially to a pause in service provision and, if the issue persists, your website or other services may become unavailable.
The Build phase
The Build phase provides the time for the design, coding, content creation and launch of the website.
We offer 4 different Build packages, each with a set number of hours to allow for simple or complex website builds. The package you are quoted may be also affected by the amount of content on your current website e.g. the size of a blog or the number of online store products to be imported.
You will be quoted a one-off Build cost in your local currency. You can choose to spread the cost over 6 equal monthly payments for a 10% uplift.
If your website Build takes less than the hours in your package, those “surplus” hours are carried forward as a Marketing balance you can use during the rest of year 1.
The Marketing phase
Additionally, you may decide to pay for a number of Marketing hours per month. This is a simple calculation of your monthly fee divided by our hourly rate = Marketing hours. We offer several monthly Marketing subscriptions that reflect your budget and your level of ambition for growth.
The marketing hours are per month for all the website and marketing support that our team provides for things like client emails, blogs, social media guidance, social media adverts, Google AdWords, recruitment, website updates, team changes - and a great deal more. These are outlined in more detail in Schedule 1.
This allocation of hours is described in great detail here.
Your Marketing hours subscription is initially agreed upon for a minimum of 12 months. After 12 months they can be cancelled with 90 days' notice.
Every Marketing subscription also includes time and cost for us to host your website on our dedicated servers, update all software each week, take data backups and manage security.
Should you choose not to have a marketing subscription at any time (a zero-hours website-only contract) then the hosting and maintenance is charged at a monthly rate depending on your Build package.
Hosting & Maintenance
Once your website is launched, we will provide Hosting and Maintenance support for that website. The services included are detailed in Schedule 1.
During the Build phase, Hosting and Maintenance costs are not charged.
From the date the site is launched, you will be charged for Hosting and Maintenance and the fee level is based on the complexity and size of your website. This fee will be included in your Marketing subscription if you have one or charged separately if you do not have one.
This covers the cost and time for the website hosting, backups, security, email systems, telephone calls, fixing problems and admin.
After we launch your website we can send regular updates on all the work we have carried out for you and the time each task has taken.
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.
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.
You guarantee that all elements of text, images or other artwork you provide are either owned by yourselves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property.
While the Designer will customise the Client’s Website to the Client’s specifications, the Client recognises that websites generally have a common structure and basis. The designer continues to own any and all custom software code and template designs it may have created prior to this Agreement. The designer will further own any code and template designs it may create as a result of this Agreement.
The Client owns all Content created by the Designer this will include image/graphics, written pages and blog articles.
Representations and Warranties
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.
Client. The Client represents and warrants that is has the rights to use any proprietary information, including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, content, and the like that it may provide to the Designer to be included in this 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.
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).
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY 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 OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY.
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.
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 both in the United States and throughout Europe, the Middle East, Canada and Australia. 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 as follows:
SIGNATURES
CLIENT
Electronically added using the form below this scroll section.
DESIGNER
Signed:
By: Philip Evans
Role: Managing Director of Salon Guru Limited
Date: 1st January 2024
SCHEDULE 1
Examples of the services that may be provided under the 3 categories identified in Project Description.
Each site is unique and we offer the Client the flexibility to choose from this list what is achievable within their Budget Hours each month.
Create a Website - may include some or all from this list
Create and agree on a page and menu plan to define the scope of the initial content
Agree on a design and layout for the Home and inner pages
Use custom code to create a template to hold the content
Check that the website works on all screen sizes and devices
Add initial content – pages, images, galleries, videos, staff, contact info, hours, prices, maps, blog articles, and social media feeds
Add offer and newsletter sign-up forms
Add online store and vouchers
Add code for tracking, reporting, speed optimisation
SEO settings
Initial rank report
Website & Marketing Support
Update or add new promotions & offers
Advise on late deals
Regular calls to discuss future marketing plans and content
Regular Google rank reports
Web traffic reports upon request
Regular articles to improve SEO and boost web traffic
Updates to the online store & gift certificates
Regular email marketing
Website re-design for home and inner pages when requested subject to the budget avaiable
Advice on social media posting
Advice on social media advertising
Add new surveys, questionnaires or online forms
Hosting and Maintenance
Fixes for image & content issues
Fixes for layout issues
Server optimisation for security and speed
Updates to core software
Updates to third-party software
Technical support for content management
Data backups
Security firewalls
Support for email software systems including the provision of 1 email address at no extra cost
Version History
Version 2. 1st January 2024