AGREEMENT FOR WEB DEVELOPMENT AND MANAGEMENT SERVICES
.

This agreement is made effective as of October 3, 2024, by and between Sandra Rocha dba Nude Tone Boutique ("Client") and 915 Web Design ("Service Provider").

By checking the box above and submitting this agreement electronically, the Client acknowledges that they have read, understood, and agreed to the terms and conditions outlined in this Agreement. The Client further acknowledges that checking this box constitutes a legally binding signature under the E-SIGN Act and the Texas Uniform Electronic Transactions Act (UETA).
.

1. Scope of Work (SOW)

The Service Provider agrees to provide the following services:

* Website migration and redesign to ensure ease of management and improved performance.

* Removal of unnecessary plugins, optimization of website files, and streamlining website functionality.

* Setup of two email accounts associated with the domain.

* Annual website hosting, domain registration, and management.

* Installation of security measures to prevent hacking attempts and safeguard website integrity.

* Content review and restructuring, including any necessary updates to categories or items displayed on the website.

* On-demand support for troubleshooting technical issues.
.

2. Timeline

* Website migration will begin immediately after the Client’s initial payment and the release of the domain.

* The Service Provider will notify the Client of any necessary changes or updates within one business day after reviewing the website.
.

3. Payment Terms

* Total contract value: $1,120, which includes $1,000 for website hosting, domain registration, and management, and $120 for two email accounts.

* Payment schedule:

* 50% ($560) of the total is due at contract signing.

* Remaining 50% ($560) is due upon completion of the website migration.

* Payment can be made via Cash App, credit card (American Express accepted), or cash.
.

4. Deliverables

* Optimized website ready for client use.

* Two active email accounts linked to the website domain.

* Annual website hosting services.

* A comprehensive security setup to protect against unauthorized access or hacking attempts.
.

5. Responsibilities

* Service Provider is responsible for the complete migration of the website.

* Client will provide access to the domain registrar and hosting accounts necessary for the migration.



6. Revisions and Approvals

* The Client may request up to 3 revisions within the scope of this contract at no additional cost.

* Additional revisions outside the scope of the initial contract will be billed at the rate of $75 per hour.
.

7. Security and Confidentiality

* The Service Provider will install and maintain a security plugin to protect the website from hacking or unauthorized access. This will ensure that only authorized personnel can access the administrative side of the website.

* Any information exchanged during this contract will remain confidential and only be used for the purpose of executing the terms of this agreement.
.

8. Termination

* Either party may terminate this contract with written notice if the other party fails to meet any of the obligations outlined.

* Upon termination, any work completed to date will be delivered to the Client, and the Client will be responsible for any payments outstanding.
.

9. Liability

* The Service Provider will not be liable for any loss of revenue, damage, or claims arising from issues related to website downtime or hacking incidents. The Client is encouraged to take additional security measures as needed.

* The Client agrees to hold the Service Provider harmless for any third-party claims related to unauthorized access caused by external factors beyond the Service Provider's control.
.

10. Governing Law

This contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.


11. Dispute Resolution

* In the event of any dispute arising from this contract, the parties agree to attempt mediation before taking legal action. Mediation will occur in El Paso, Texas, and the parties will mutually agree on a mediator.

* If mediation fails, disputes will be resolved in a court of competent jurisdiction in the State of Texas, in El Paso County.

* The prevailing party in any litigation or dispute resolution process will be entitled to recover reasonable attorney’s fees and court costs.


12. Force Majeure

Neither party shall be held liable for any delay or failure in performance of any part of this contract caused by circumstances beyond its control, including but not limited to acts of God, war, riot, fire, explosion, or other emergencies.


13. Severability

If any provision of this contract is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
.

14. Entire Agreement

This contract contains the entire agreement between the parties and supersedes all prior discussions, agreements, or understandings of any kind. Any amendments to this contract must be in writing and signed by both parties.