Website Development Terms & Agreement

AGENCY 333 DBA LUXURY BRAND MARKETING (LUXURY BRAND MARKETING agency) agrees the scheduled date of completion for the above-detailed design and data work as stated in the client’s proposal from the time that client ok’s project and submits the deposit. However, such a date is not guaranteed, and is not the essence of this agreement. This is also subject to change as certain elements in the above estimate will be completed and pushed live prior to the completion of the entire project. This date is also subject to change based upon clients production of assets, approvals and response time.

Following execution of this agreement and payment of the initial deposit required hereunder, LUXURY BRAND MARKETING shall diligently pursue commencement of the work outlined herein. If LUXURY BRAND MARKETING is prevented by any act or failure to act of Client from commencing work within thirty (30) days following the execution of the agreement (including Client’s failure to provide complete text and graphic content for the anticipated project), except as called for by a separate addendum, Client shall be deemed in default of this agreement. Upon such default and notwithstanding any other provisions of this agreement to the contrary, this agreement shall be terminated, and all sums paid to LUXURY BRAND MARKETING shall be retained by LUXURY BRAND MARKETING as liquidated damages for such default in lieu of all other remedies. Client and LUXURY BRAND MARKETING agree that the damages to LUXURY BRAND MARKETING which may result from such default are uncertain and unascertainable and that the liquidated damages provided for herein are a reasonable measure of such damages in light of the respective obligations of the parties under this agreement. LUXURY BRAND MARKETING shall not be liable to Client regardless of the cause for the delay.

The following is to be included in this contractual agreement by LUXURY BRAND MARKETING:

1. INCLUDED WORK: LUXURY BRAND MARKETING will provide basic services for the project consisting of consultation, research, presentation of scope and timeline.

2. ADDITIONS AND REVISIONS: The estimated hours will not exceed the original estimate given by LUXURY BRAND MARKETING and the cost stated herein is the exact range for total project cost. Should client add additional research requirements and deliverables beyond this agreement, the additional work would be scoped and approved by client and billed at an additional hourly rate of $200 per hour unless specified otherwise in client’s proposal.

3. CHANGE ORDERS: After this agreement is signed, any material changes to the proposed Site will require a written CHANGE ORDER which will become an addendum to this agreement. Such changes will be estimated and billed at a rate of $200 per hour unless specified otherwise in client’s proposal.

4. BINDING TERMS: Client agrees to be bound by any terms and conditions within this contract without imposing any other third party involved in this project.

5. APPLICABLE LAW: This agreement shall be governed by the Law of the principal place of LUXURY BRAND MARKETING (Florida).

6. INDEPENDENT CONTRACTOR: LUXURY BRAND MARKETING and Client acknowledge that the services rendered under this Agreement shall be solely as an independent contractor. It is expressly understood that this undertaking is not a joint venture.

7. INVOICES: A written invoice will be submitted to Client upon approved completion of the project whereupon Client has thirty (30) days to pay in full from the issue of the statement. If a check is not received for the remainder of the agreed upon amount within thirty (30) days of the issued invoice, LUXURY BRAND MARKETING will issue a written statement to the client for late payment. If the check has not been received after 15 days of written notice, LUXURY BRAND MARKETING has the right to stop work and retain the rights to the work product until such invoice is paid in full.

8. STOP-WORK ORDER/KILL FEE: In the event a stop-work order is placed prior to completion of a particular design, terminal billing will include the actual number of hours LUXURY BRAND MARKETING has expended at the current agreed-upon rate of $200 per hour unless specified otherwise in client’s proposal.

9. OWNERSHIP OF DESIGN/PROGRAMMING WORK: The work product created is the property of LUXURY BRAND MARKETING; upon payment in full to LUXURY BRAND MARKETING of the amounts due hereunder, work product become the property of Client . Before full payment is rendered, such work may not be stolen, copied or otherwise altered.

10. DISPLAY USE OF WORK: LUXURY BRAND MARKETING retains the right and discretion to refer to the Client’s project with written approval in a manner deemed relevant by LUXURY BRAND MARKETING for future marketing purposes, including the reproduction of such images of the work completed for Client, and provision of data and other information regarding the process necessary to complete Client’s project. This does not include any unreleased work to the public or work deemed private in nature or covered by the signed NDA.

11. REFUND POLICY: If the Client halts work and applies for a refund within thirty (30) days of executing this agreement, work completed through the date of LUXURY BRAND MARKETING’s receipt of Client’s written notice of termination shall be billed at a rate of $200 per hour unless specified otherwise in client’s proposal and deducted from Client’s initial payment, the balance of which (if any) shall be returned to Client. If, at the time of Client’s notice of termination, work has been completed, the cost of which exceeds the amount covered by Client’s initial payment, Client shall be responsible for such overage at an hourly rate stated above. No portion of this initial payment will be refunded unless written application is made to LUXURY BRAND MARKETING within the time specified. If case collection proves necessary, Client agrees to pay all fees incurred in that process;

14. CONFIDENTIALITY: LUXURY BRAND MARKETING recognizes and acknowledges that this agreement creates a confidential relationship between LUXURY BRAND MARKETING and Client and that information concerning Client’s business affairs, customers, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. And such, Client shall not disclose any Confidential Information, directly or indirectly, to any other person or use it in any way, either during the term of this Agreement or at any other time thereafter, except as is required in the course of this Agreement;

15. OWNERSHIP OF CLIENT/EMPLOYEE RELATIONSHIP: Should any employee(s) of LUXURY BRAND MARKETING cease to be employed by LUXURY BRAND MARKETING at any time during the duration or after termination of this contract, Client may not work directly with that/those employee(s) for a period of two (2) years unless the employee is working on behalf of LUXURY BRAND MARKETING.

16. TERM OF AGREEMENT: This Agreement shall commence on the date stated on the client’s contract signature page and shall remain in effect until all obligations under this Agreement have been properly completed.