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    Web Development & Services Agreement

    www.project8aurora.com

    This Web Development Contract (hereinafter referred to as "Contract") is made and entered on (hereinafter referred to as "Effective Date")

    By and Between

    Chelsey Levin & Alexander Levin dba "Project Aurora" (hereinafter referred to as "Developer"), having its principal place of service at:

    1415 N. OHIO AVE #531, LIVE OAK, FL 32064

    and;

    (hereinafter referred to as "Client"), having its principal place of business at:

    Both the Developer and the Client shall be collectively referred to as "Parties" and individually as "Party".

    WHEREAS the Developer agrees to engage with the Client to design and develop a website as per the Client's requirements (hereinafter referred to as the "Project").

    AND WHEREAS the Client wishes to avail the services from the Developer as an independent contractor for the purpose of designing the Client’s Website and everything else explained within this Contract.

    NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein the Parties hereby agree as follows:

    Terms and Conditions

    1. Project Description

    The Project will incorporate several Web Development & Web Services. The Developer shall comply and fulfill the services as agreed between the Parties. Services include which are not limited to:

    1. Designing the Company's Website Theme/Layout and Creating a Staging Site (a non-live production clone of the Client’s Website, which is frequently used for reviews and testing purposes);

    2. Highlighting and infusing the Brand of the Company onto the Website;

    3. Establishing Key Pages (i.e., Contact, Privacy Policy, Terms of Use, Shop Policies), WooCommerce POS System, and Lead Generating system Jetpack CRM;

    4. Transfer/Setup/Troubleshoot the website to ensure the site is working properly;

    5. Initial linking of the Company’s Social Media Accounts (up to 3) to the website to promote additional exposure on social media and increase website external-inbound links;

    6. Continuing website management, Search Engine Optimization (SEO), custom scripting, and lastly hosting services are available on either an annual basis and/or monthly basis.

    2. Scope of Work

    The Client   a website located at the URL: (hereinafter referred to as the "URL"). Pursuant to the terms and conditions of this Contract, the Developer will use a collection of tools and services to manage and operate a version of the main site that is branded with the Client’s Company information, brand, and vision. The Developer shall ensure that a Staging Site is created for the Client to review for approval for the Developer to proceed with converting the staged site into a Live-Production Site (Online). This process will typically take the Developer less than 24 to 48 hours; however, the Developer is allocated to have up to 5 calendar days to complete the conversion into a Live-Production Site (Online). The Client will provide the Developer access to all relevant site(s)/accounts needed for the Developer to successfully setup all the links from Client’s Site to their social media accounts/financial institutions, as per the terms and conditions set forth in this Contract.

    Developer agrees to have a Staging Site for Client to Review on (if no date is listed the Developer will have 7 calendar days starting from the "Effective Date". If Client rejects the initial Staged Site, the Client must provide the Developer with concise feedback and the Developer will have additional 48-hours to make adjustments before the Client can review the changes for approval. If the Client rejects the Staged Site again, the Developer and the Client should repeat the prior process of providing concise feedback and allowing up to an additional 48-hours for the Developer to make changes before the Client reviewing again. After the third attempt, the Developer can offer the Client to take complete ownership over all related content created by the Developer for the Client and the Developer will assist with the transfer to a third-party of the Client’s choosing for flat-rate of $250.00.

    1. Create a user-friendly and reactive website that uses WordPress Platform Website that once the Client has approved for the Developer to transfer and setup on the URL. Developer will then continue to test and monitor the site to address any discovered functional issues.

    2. Create a Contact Page, Privacy Policy Page, Terms of Use Page, Notices Page, and a Shop Policy Page.

    a. Please further note that all these pages will require the Client to provide specific information so that Developer can properly generate a page that reflects the Client’s policies.

     

    b. DISCLAIMER: The content provided on such pages listed above in (Section 2.2) is for general information purposes only and shall not constitute legal advice from the Developer as they are not a licensed attorney. The Developer and its partners make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information mentioned hereunder. The use and/or reliance of any information contained on those Pages is solely the Client’s responsibility to ensure its accuracy is in alignment with your Company’s actual policies.

    3. The Developer might need to create multiple multimedia files to further create articles or other engaging content to help draw in further potential leads for the Client through the Site and their social media accounts.

    4. Provide follow-up support and services as described further in this Contract.

    3. Developer's Responsibilities

    The Developer agrees to render the following responsibilities:

    1. Development of the website inclusive of all details that are included in this Contract;

    2. Test and make sure the website is functioning properly online;

    3. Support with the installation and maintenance of the website, also help with the user guide and credentials to initiate the development of the site and/or linking of financial, social media accounts;

    4. Link Site/URL to Client approved institutions and social media accounts;

    5. To provide feedback to the Client regarding their sites overall performance and offer any suggestions that might increase speed, reliability, safety/privacy, legal requirements/compliances, SEO ranking/scoring, Lead generations, sales, online marking strategies, etc. to help the Client grow their business.

    6. To provide additional services (on an as-needed-basis) that will continue to support the website’s running needs once initial services are completed. Further, Developer will be willing to transfer services to another provider, but the $150 Transfer Site Fee will have to be charged prior to releasing and transferring the site.

    4. Client's Responsibilities

    The Client agrees to render the following responsibilities:

    1. Provide all the necessary information, resources, source codes, account information, logos/branding content, pricing info, business information, and initial payment that might be necessary for the Developer to initiate work;

    2. Address the queries of the Developer without delay;

    3. Allow Developer to create a Company designated email source that can be directly used for site/URL related emails. This specific email account, the Client will ensure will be linked or can be linked to the Client’s authorized user for any Financial Accounts and/or Social Media Accounts being setup and/or linked to the Site/URL and/or Social Media Accounts;

    4. Client will be available to meet with Developer (during appropriate business hours) for the Developer to gather additional video and audio content to be used to create engaging content for the site and/or social media accounts associated with the Client’s business.

    5. Be willing to pay for or Authorize Developer to setup payment for any premium plugins, artwork, multimedia, or any other third-party software/fees as deemed necessary by both Parties.

    5. Intellectual Property Rights

    The Client acknowledges that the Developer will retain the ownership of any text, codes, trademarks, and other proprietary information included in the website until the Client has made the final payment. Upon paying the Developer for its services and deliverables, the Client will then gain the rightful ownership over the Developer's creations for the website, with the Developer's consent.

    6. Website Support Period

    The Developer agrees to provide constant vigilance and support for the website for 6-months after its final approval. The support period should address any sort of bugs, glitches, defects, or changes which pertain to the features of the website. The Developer shall not create any extra functionality for the website unless specified and both agreed upon. The cost of the support period is included in the entire cost of the Project. If the support period is over and the Client requires additional browser testing and modifications, an additional sum of $50.00 for (up to 4-hours of work) or for larger Projects will range between $100 to $600 per project (depending on the amount of work needed) to be charged on or before the fifteenth (15th) day of the month.

    7. Optional Recurring Monthly/Annual Services

    The Developer offers the following optional services listed below on either an annual and/or monthly basis once after the site’s final approval is received from the Client and the site is a Live-Production Site (Online):

    Optional Recurring Web Services

    Annual
    Price

    Monthly
    Price

    Annual Domain Registration – Retains Client’s URL address. (Renews annually | 12-months)

    $20

    N/A

    Website Backup & Restoration Service – Developer will create and retain a backup copy of the Client’s website. This service is as needed and will help protect the Client from a web of issues. In the even that your live site is corrupted for whatever reason, the backup copy will be made available to Client for them to restore their website quickly.

    $40

    PER SITE
    BACKUP

    Site SSL Certificate – Helps keep your site and shop more secure by offering strong SHA-2 & 2048 bit encryption. Basic Installation included with this service). (Renews annually only)

    $60

    N/A

    Site Transfer Fee – Developer will transfer the entire WordPress site, its plugins, databases, users, and the sites content over to your desired hosting. Some limitations may apply depending on the hosting service the Client chooses and therefor additional services might be needed to fully transfer over the site.

    $150

    PER SITE
    TRANSFER

    Please note that prices listed in this portion of Section 7 are subject to change. Developer can only guarantee these prices for the first 365 calendar days (or 1-year) after the Completion Date of the site going live. After such date, these prices are guidelines and both parties will need to discuss updated services and payment options.

    The Developer will also offer the following hosting services listed below on either an annual or monthly basis and will take affect once your initial hosting expires. Please note that these specific payments would need to be made before the 15th day prior to the expiring hosting month.

    Hosting Services (after initial hosting expires)

    Monthly
    Price

    Annual
    Price

    Temporary Hosting Service – Basic hosting service that should only be used in 90 days or less spans. (Renews monthly only)

    $15

    N/A

    Primary Hosting Service – Decent hosting with reliable servers and uptime (some hosting limitations that might limit expandable options and Site Transfer Fee will apply). (Renews monthly or annually – discount included in annual plan)

    $20

    $220

    Premium Hosting Service – Premier hosting with advance server capabilities and more dedicated uptime hosting guarantee (No Site Transfer Fee & Remote IT Team is Available). (Renews monthly or annually – discount included in annual plan)

    $50

    $400

    8. Confidentiality

    The Parties to this Contract agree that each shall treat private information such as codes, roadmaps, blueprints, and strategies, that may be provided by either Party during the term of this Contract as strictly confidential. All such confidential information exchanged between the Parties, shall be used solely for the purposes of rendering services pursuant to this Contract and, shall not be disclosed to any third party without the prior written consent of either party.

    9. Term

    This Contract shall become effective as on the Effective Date and will continue until all services are completed and approved by the Client. Besides items mentioned below in Section 10, the Contract shall remain in effect until either party chooses to terminate the Contract. The expectation is that the terminating party notify the other party in writing at least 30-calendar days in advance of the Termination Date.

    10. Termination

    This Contract shall be terminated if:

    1. The Developer fails to fulfill all the services to the Client as mentioned in the Contract;

    2. Either Party breaches any clause of the Contract;

    3. There is a mutual understanding to end the Contract by the Parties involved and the terminating party provides a written 30-calendar advanced notice to other party;

    11. Deliverables

    The Client has appointed the Developer to perform the services pertaining to the development of the website as described below:

    1. The Developer agrees to be reasonably available for meetings with the Client as needed to keep the Client up-to-date with the progress of the development of the Client’s Site;

    2. The Developer agrees to provide all project files, user guides, and application credentials to the Client upon completion of this website development Contract;

    3. The Developer will continue to monitor the Site/URL for any sort of bugs, glitches, defects, or changes which pertain to the features of the website.

    12. Timing

    The Developer can work freely at their discretion so long as they effectively complete their services on the deadlines listed in this contract. The Client understands that part of the Developer has medical conditions that do hinder their ability to work a normal schedule and therefore part of the Developer might be working on the project at unusual hours. Nonetheless, the Developer will meet their time-frame obligations and deadlines.

    13. Payment

    The total agreed cost of the Primary Project will total $. In order for the Developer to begin working, the Client has agreed to pay the Developer $, as the initial payment/retainer fee at the time of signing this contract. The Primary Project shall not be due until on or before the fifteenth (15th) day of the following month after the completion date. The method of payments shall be either one or a combination of following: Cash | Check | PayPal | CashApp or any other mode as agreed by the Parties.

    14. Relationship of Parties

    The Developer, in the performance of this Contract, shall act in the capacity of an independent contractor and not as a partner, agent, or employee, of the Client.

    15. Representations and Warranties

    The Developer shall conduct the services in accordance with the laws of Florida. The Developer shall acquire all necessary permits, licenses, and regular records required for the rendering of such services. It shall also be obligated to monitor the services as per the support period outlined herein the Contract. Also, the Developer warrants to produce the best quality work, under the effective timeline, to the Client.

    16. Indemnification

    The Client agrees to indemnify and hold harmless the Developer, its respective affiliates, employees, and permitted successors and assigns against any losses, claims, damages, penalties, liabilities, punitive damages, expenses, reasonable legal fees of whatsoever kind or amount, which result from the negligence of or breach of this Contract even after the services have been rendered.

    17. Arbitration

    In the event of any dispute arising in and out of this Contract between the Parties, it shall be resolved by Arbitration. There shall be 3 Arbitrators which shall be appointed by Developer. The venue of Arbitration shall be located in Suwannee County, Florida and Seat shall be of Florida. The Arbitrators' decision shall be final and will be binding on both the Parties.

    18. Miscellaneous

    1. Force Majeure: Neither Party shall be liable for any failure in performance of the obligation under this Contract due to cause beyond that party's reasonable control (including and not limited to a pandemic, fire, strike, act or order of public authority, and other acts of God) during the pendency of such event.

    2. Severability: In the event, any provision of this Contract is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Contract and all other provisions should continue in full force and effect as valid and enforceable.

    3. Modification: No modification of this Contract shall be made unless in writing, signed by both Parties.

    4. Governing Law: The Parties agree that this Contract shall be governed by the laws Florida. In the event the Parties do business in different states, this Contract shall be governed by the laws of Florida.

    5. Legal and Binding Contract: The Contract is considered legally binding and may be enforced in a court of law. The services performed will be done in a legally and professionally fair manner and as such shall not violate any local or federal laws and regulations.

    6. Entire Agreement: This Contract is all-inclusive and no other contract, oral or written exists between the two parties signing this Contract. By signing this Contract, you agree to have fully understood this Contract, you are legally competent and authorized to enter this Contract and you have signed this Contract on your ‘own free will’ and no undue influence or misinterpretation of facts and clauses.

    Client's eSignature:

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