This agreement dated as of {date} (the “Agreement”) is entered into between CalTech Web LLC, having its principal office located at 26766 Greentree Ave. Madera, CA 93638 (“CalTech Web”) and {companyName}, having its principal office located at {companyAddress} (“Client”; Client and CalTech Web is sometimes referred to as the “Parties”).
Terms and Conditions
1. Description of the Services. CalTech Web provides website design services (“Website”) and monthly website maintenance services (“Maintenance”). These services can vary depending on the need of each client (collectively referred to as the “Services”).
2. Fee. The fee for the Website (the “Fee”) is due upon signature of the contract. The fee for the Maintenance is due at the beginning of each monthly period. Payments are accepted by PayPal and credit card. CalTech Web has the right to discontinue all Services if payment of the Fee has not been received.
3. Late Fee. Outstanding balances will be charged interest at the rate of 1.5% per month or the maximum amount allowable by law. If a collection agency or law firm is used by CalTech Web to attempt to collect late Fees, the Client agrees to pay the fees and expenses of such collection agency and/or law firm.
4. Termination. The term of this Agreement is twelve (12) months. After the term, this engagement will automatically renew on a 12-month basis. Either Party may terminate this Agreement for any reason, or for no reason, with or without cause, upon thirty (30) days written notice to the other Party and Client agrees to pay the Fee through the date of termination.
5. Confidentiality. Parties agree to keep confidential and not to disclose or use for its own benefit or for the benefit of any third party (except as may be required for the performance of services under this Agreement or as may be required by law), any information, documents or materials which are identified by a Party, at the time that they are made available, to be proprietary or confidential. Client agrees that CalTech Web has processes, procedures, and systems that are ‘Confidential’ and subject to the restrictions in this paragraph. The confidentiality obligations in the paragraph, however, shall not extend to any information, documents, or materials that (a) become publicly available without breach of this provision, (b) are received from a third party without restriction, or (c) are independently developed without reference to information received hereunder from the other Party.
6. Relationship of the Parties. Client agrees to allow CalTech Web to act as its agent and represent it solely with respect to the Services. CalTech Web is not Client’s agent for any other purpose and is not Client’s legal counsel for any purpose whatsoever. This Agreement does not create any attorney-client relationship and CalTech Web does not offer, and does not provide, any legal advice to Client.
7. No Third Party Rights. Nothing express or implied in this Agreement is intended or shall be construed to confer any rights under this Agreement on any person or entity other than the Parties hereto and their respective successors and permitted assigns.
8. Limitation of Liability. In no event shall CalTech Web be liable to Client or any third party for any reason whatsoever, including, without limitation, loss of profit, loss of business, special, indirect, incidental, consequential, punitive, or exemplary damages, as well as any damages (financial, economic or otherwise), as a result of the Services. CalTech Web's total aggregate liability for any and all claims of any kind arising as a result of, or related to, this Agreement, whether based in contract, warranty, or any other legal or equitable grounds, shall be limited to the amounts CalTech Web has received from Client for the prior six month period.
9. Jurisdiction. This Agreement is governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule. Any action seeking to enforce any provision of, or based on any right arising out of, this Agreement may be brought against either Party to this Agreement in the courts of the State of California, and each Party consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein.
10. Execution in Counterparts. This Agreement may be executed in multiple counterparts (and may be transmitted electronically with electronic signatures) and all counterparts so executed shall constitute one agreement binding upon the Parties.
11. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all previous agreements. No modification, amendment, or waiver of this Agreement shall be effective unless agrees upon between the parties in writing.
12. Specific Fee Details. CalTech Web will design a website for {companyName} from the ground up. This project has an upfront cost of $2,250.00. CalTech Web will have a viewable website for {companyName} to review and provide edits, changes, and suggestions within 30 days of contract acceptance. The ongoing maintenance fee is $149 per month or $1788 annually. CalTech Web will also monitor the domain name and cover the associated fees for domain registration. CalTech Web strives to make all website changes within 24 hours.
Total due at contract signing: $2,250.00 + $149.00 = $2,399.00.
Invoice: https://caltechweb.com/rfp-website-design-development/
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.