Web Services Agreement – TK/Esper Portal

Business Information

Esper Creations, LLC Agrees to Provide Digital Web Design and/or Web Development Services for the following business:*

Please Enter the Name of the Business

Business Representative Name*

First Last

Business Representative Phone Number*

Business Representative Email*

Web Services Selection

Website Package*

Features Requested

Online Sales (website/landing page)
Inventory Management
In-Store POS (*system required)
Custom Design/Dev Front End (Custom pricing required)
Other / Photography / Content

Extra Features Requested

Custom Campaign Services/Pricing

Monthly Price*

Please enter a value greater than or equal to 0.00.

Length of Contract (POS System)

Contract Commitment Length

Hourly Rate

Cody / Build Type

Content Package*

For a page with 1 inch margins, 12 point Times New Roman font, and minimal spacing elements, 500 words is the average word count for a single spaced page and 250 words for a double spaced page.

Photography Package*

Photo Shoot Hours

Please enter a value greater than or equal to 1.

Website Hosting Package*

All hosting packages are billed at an annual rate.

Payment Method

Coupon Code

Total

$0.00

Legal Agreement

Terms of Service*

By Checking this Box, I Agree to the Terms of Service

1. Authorization. The Business Name above (hereinafter referred to as "Customer ") is engaging Esper Creations LLC. as an independent contractor for the specific purpose of designing a World Wide Web site, herein after referred to as "Web Design Project", to be published on the Customer 's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, herein after refer to as "Hosting Service", or provided on diskette at the Customer 's option. The Customer hereby authorizes Esper Creations LLC. to access this account, and authorizes the Hosting Service to provide Esper Creations LLC. and its designer, with "full access" to the Customer 's account, and any other programs needed for this Web Design Project that are included as part of the Customer 's service agreement/level. The Customer also authorizes Esper Creations LLC. to submit the completed Web Design Project to major Web Search Engines. 2. Development. This Web Design Project will be developed using online site builder and/or WordPress software and/or html code and/or bootstrap. We can also add our own Java Script coding and/or add CSS to the HTML5 and or WordPress/bootstrap software. It can be built using React JS frame work, depending on customer requirements. Compatibility - Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Esper Creations LLC. represents and warrants that the web site we design for you will work in: Google Chrome all versions and Safari browser version 4 and up and Mozilla Firefox version 1.0 and up. For People with Disabilities – Esper Creations LLC. standard is to meet at least half the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors. 3. Assignment of Web Design Project. Esper Creations LLC. reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion. 4. Copyrights and Trademarks. The Customer unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Esper Creations LLC. for inclusion in the Web Design Project are owned by the Customer , or that the Customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Esper Creations LLC. and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Customer. 5. Web Site Maintenance. This agreement allows for minor web site maintenance to pages for the first 30 days of your web site at no charge, up to an average of one half hour per regular web page, including updating links and making minor changes to a sentence or paragraph. It does not include major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by Customer repairs or Web Design Projects delivered to Customer via diskette, U.S. mail and e-mail. The period begins on the date the Customer's web site is available to be published to Esper Creations LLC. hosting service. Major page code and/or graphics changes and additions will be charged at the $65.00 per hour rate. (Notice: This rate is subject to change at any time.) Continuous maintenance will be billed when $250 has been reached, or in 30 day increments, which ever comes first. All payments, regardless of amount, must be made within 30 days. 6. Completion Date. Esper Creations LLC. and the Customer must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project no later than 60 days after Customer has submitted all necessary materials. If the Customer does not supply Esper Creations LLC. with complete text and graphics content for this Web Design Project within 45 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by Esper Creations LLC. as liquidated damages and the contract shall become null and void, at Esper Creations LLC. option, unless the Web Design Project is canceled in writing by the Customer prior to 14 days of the effective date of the agreement. 7. Project Delivery. The final web site design project will be published to Esper Creations LLC. hosting service upon receipt of final payment or delivered via diskette upon the receipt of full payment unless customer is in payment plan option. If the customer is in a payment plan option, the site can only be given after the second payment. The Customer understands that Esper Creations LLC. does provide hosting services in connection with this Web Design Project. Hosting services allow for a unlimited traffic number of users per server at a rate depending on customer site requirements. The Customer agrees to allow Esper Creations LLC. Full access to the Customer’s account via FTP (File Transfer Protocol). The Customer will be solely responsible for any and all hosting service charges billed by Esper Creations LLC. Cancellation: If the customer does not pay for hosting service then Esper Creations LLC. will hold the right to cancel the website / domain usage from a customer. Hosting is billed at an annual basis and must be paid yearly with SSL fee's and domain usage fees. If any changes payments are behind then Esper Creations LLC. reserves the right to cancel all hosting and domain usage services. 8. Electronic Commerce Laws. The Customer agrees that the Customer is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend Esper Creations LLC. And its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Customer's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs. 9. Web Design Project Copyright to the finished web design site produced by Esper Creations LLC. Will be owned by Esper Creations LLC. The Customer will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs specifically are not transferred to the Customer, and remain the property of their respective owners. Esper Creations LLC. and its subcontractors retain the right to display graphics and other Web Design elements as examples of their work in their respective portfolios. All Web Design Projects will contain a copyright/legal statement with a link to Esper Creations LLC. and any Subcontractor's Web Site. 10. Payments. Payments must be made promptly based on the terms of this Web Site Design Project. Esper Creations LLC. reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. All payments are to be made within 30 days after completion and approval of the Web Design Project by the Customer. In case collection proves necessary, the Customer agrees to pay all fees (including all attorney's fees and court costs) incurred by that process. This agreement becomes effective only when signed by Esper Creations LLC. Regardless of the place of signing of this agreement, the Customer agrees that for purposes of venue, this agreement was entered into Johnson County,Iowa, and any dispute will be litigated or arbitrated in Johnson County, Iowa and the Customer hereby consents to the personal jurisdiction of the Iowa State Courts. Furthermore, the Customer waives any right to or claim of sovereign immunity. Adding of Meta Tags (Description and Keywords) and the submission of the Web Design Project to Web search engines and updating occur only after the full final payment is made. All payments will be made in U.S. Dollars. 11. Payment Schedule. Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and the price of web design, attached here to and made a part of this agreement hereof. Not with standing any prices listed in literature or on web pages, the customer and Esper Creations LLC. agree that the services described in this contract, and the package price, shall be completed and paid for within 30 days of completion. (normally, 50% of the estimated total cost) upon execution of this agreement unless customer is in a payment plan option. The customer is required to pay monthly until monthly payments are completed. If they complete the second month payment we can release the site, and keep it up as long as payments have been received. Final payment is due within 30 days prior to publication and/or delivery of the Web Site Design Project. All amounts must be in U.S. Dollars. The Customer agrees to pay to Esper Creations LLC. an initial payment amount listed above. The customer understands that the deposit/first payment is non-refundable. 12. Legal Notice. Notwithstanding anything to the contrary contained in this contract, neither Esper Creations LLC. nor any of its employees or agents, warrants that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Customer. In no event will Esper Creations LLC. be liable to the Customer or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitors computer or Internet software, even if Esper Creations LLC. has been advised of the possibility of such damages. 13. This Agreement. This agreement constitutes the sole agreement between Esper Creations LLC. And the Customer regarding this Web Design Project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by both Customer and Esper Creations LLC. All prices specified in this contract will be honored for 6 months after both parties sign this contract. Continued services after that time will require a new agreement. The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties. 14. Custom designed templates/ logos/ photos/ and all content is to be sent by the customer via email, or uploaded to a online cloud server chosen by Esper Creations LLC. The customer understands that a deadline of up to 45 days after this agreement is created and the customer is required to email or upload their content. A cancellation of contract is valid if website is not delivered by deadline date This is only valid if the customer provides all requested data to complete site or if the customers information was inputted incorrectly.