WEBSITE DESIGN AND SERVICE AGREEMENT

    WEBSITE AGREEMENT

    THIS AGREEMENT is by and between (hereinafter “Client”) and Sanderson Marketing, LLC.

    TERMS OF AGREEMENT

    GENERAL. This Website Design Agreement (hereinafter “Contract”) constitutes a written agreement between Sanderson Marketing, LLC and Client. By accepting this agreement, each party to the Contract agrees to be bound by and to perform according to the terms and conditions of this Contract as set forth below.

    PRODUCT DESCRIPTION. Sanderson Marketing, LLC agrees to provide webmaster services, updating the website as requested by the Client.

    PROJECT COMPLETION. By accepting this agreement, Sanderson Marketing, LLC and Client acknowledge that website design requires a collaborative effort between the parties. As such and unless otherwise agreed, Sanderson Marketing, LLC does not make any representation concerning the completion or delivery dates of the website updates unless the specific terms of such a representation or guarantee are reduced to writing and signed by the parties to this Contract.

    FEES. Sanderson Marketing, LLC agrees to maintain the website product described for a monthly fee of $350 to be paid for the first 2 months after the signing of this agreement. After the 2 months, the monthly service plan will be selected by the Client. This plan can be changed with a 30 day advance notification to Sanderson Marketing, LLC.

    PAYMENT OF FEES AND REOCCURRING BILLING. Client agrees to provide a credit card for monthly billing and authorizes Sanderson Marketing to automatically charge the card provided on a monthly basis. The first monthly payment of $350 (plus Texas sales tax, if applicable) is due before Sanderson Marketing, LLC. commences work on this project in any way. The Client further agrees to tender the remaining payments of $350 to Sanderson Marketing the following month thereafter. The ongoing monthly service payments (plus Texas sales tax, if applicable) will begin in month 3 and continue through the life of the website. In the event that the client fails to make a monthly payment to Sanderson Marketing, LLC within 15 days of the set monthly billing date, the website will be cancelled and an activation fee may be applied if the Client wishes to reinstate the website. Client agrees to pay Sanderson Marketing, LLC $25 plus actual costs for any chargebacks or returned payments. Client agrees to immediately make payment in full upon receiving notification of the chargeback.

    LIABILITY. Unless otherwise agreed by the parties in writing, the Client shall bear all risks associated with the quality, performance, suitability, use, or accessibility of the website product described above, and Sanderson Marketing, LLC will not be liable to Client or to any third party for any damages or loss that might arise from or out of the operation or use of the website product.

    THIRD PARTY SERVICES. Unless otherwise agreed by the parties in writing, the Client shall bear all risks associated with any third party services, including any Wordpress plugins or themes used in creating the website project.

    INTELLECTUAL PROPERTY. By signing below, Client represents to Sanderson Marketing, LLC that it either owns or has secured written permission to use any and all elements or content that it furnishes to Sanderson Marketing, LLC for inclusion in the website product described above, including but not limited to any website elements that may be secured or protected by patent, copyright, or trademark. Client agrees to hold harmless, protect, defend, and indemnify Sanderson Marketing, LLC from any claim or suit arising from the use of any elements or content it furnishes to Sanderson Marketing, LLC for use in the website product described above. Sanderson Marketing, LLC would not enter into this Contract without this provision.

    COPYRIGHT TO FINAL DESIGN. Copyright to all design elements created by Sanderson Marketing, LLC are assumed by the Client as long as the Client's account is in good standing. Client understands and agrees that Sanderson Marketing, LLC may act as Client’s agent to purchase the non-exclusive right to use design elements created by third parties, and that the terms of use regarding those third-party elements may be limited by the use agreement of the third party. Client agrees to be bound by all third party terms concerning the use of third-party elements. Client further agrees to protect, defend, and indemnify Sanderson Marketing, LLC from any liability arising from Client’s use or misuse of third-party elements. Client also agrees that the website product created for Client may be included in Sanderson Marketing, LLC’s portfolio. Client further agrees that a small textual link to Sanderson Marketing, LLC may be placed on the bottom of the Client’s web pages.

    REFUND POLICY. If the Client directs Sanderson Marketing, LLC to halt work on the website product within 15 days from the date of this Contract, Client will be entitled to a fee refund less the time and expense that Sanderson Marketing, LLC has already expended creating the website product. All time shall be billed to the Client at a rate of $75.00 per hour. Should Sanderson Marketing, LLC’s time and expense exceed the amount that Client has paid, Client will be liable for the excess. Client agrees to tender payment of that amount within 30 days of receiving notice.

    GOVERNING LAW. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. Sanderson Marketing, LLC and the Client agree that Texas is the proper jurisdiction for any suit arising out of or in connection with this Contract. Sanderson Marketing, LLC and the Client further agree that venue for said suit shall be in Coryell County, Texas.

    SOLE AGREEMENT. This Agreement and the documents referenced herein constitute the sole agreement between Sanderson Marketing, LLC and the Client. Any additional work not specified in this Agreement requires a separate written agreement. No modifications, amendments, supplements, or waivers of any provision in this Contract or in the documents referenced herein shall be binding on Sanderson Marketing, LLC unless they are in writing and signed by the parties to this Contract.

    ENFORCEABILITY. In case any of the provisions contained in this Agreement should, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

    SURVIVAL. This Agreement shall be binding on and shall inure to the benefit of the Client, Sanderson Marketing, LLC and all successors in interest or assigns of the parties.

    Authorized representatives of Client and Sanderson Marketing, LLC have read the foregoing Contract and all documents incorporated by reference herein and agree and accept such terms effective as of the submission date.