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GEMS. Web Design | builtbygems.com
This Web Design Services Agreement ("Agreement") is entered into as of the date of payment between GEMS. Web Design ("Designer") and the client completing this checkout ("Client").
Designer agrees to design and develop a website for Client based on the package selected at checkout. The selected package defines the scope of work including number of pages, features, and deliverables. Any work requested beyond the selected package scope is not included and will require a separate agreement and additional payment.
Client agrees to pay the full package price at the time of checkout. Payment is due in full before any work begins. Designer will not begin work until payment is confirmed. All prices are in US dollars.
ALL SALES ARE FINAL. NO REFUNDS WILL BE ISSUED UNDER ANY CIRCUMSTANCES ONCE PAYMENT IS RECEIVED. By completing payment Client acknowledges they have read, understood, and agreed to this no-refund policy. Work begins immediately upon payment confirmation and resources are allocated at that time. Disputes, chargebacks, or payment reversals initiated by Client after payment will be considered a breach of this Agreement and Designer reserves the right to pursue all legal remedies available.
Designer will provide up to three rounds of revisions per project. A revision is defined as minor changes to existing content, layout, or design elements. Revisions do not include adding new pages, changing the overall design direction, or requests outside the original scope of work. Additional revisions beyond three rounds will be billed at $75 per hour.
Client agrees to provide all necessary content including text, images, logos, and any other materials required to complete the website within 7 days of payment. Delays in providing content may result in project delays. Designer is not responsible for project delays caused by Client's failure to provide materials in a timely manner. If Client fails to provide required materials within 30 days of payment, Designer reserves the right to close the project with no refund issued.
Designer will make every reasonable effort to deliver the completed website within the timeframe specified in the selected package. Timelines begin once all required Client materials have been received. Designer is not liable for delays caused by third party services, hosting providers, or factors outside Designer's control.
Upon receipt of full payment, Client owns all rights to the final delivered website design and content. Designer retains the right to display the completed project in their portfolio and use it for promotional purposes. Designer retains ownership of all preliminary designs, concepts, and unused work. Any third party assets including stock photos, fonts, plugins, or software used in the project are subject to their respective licenses and are not owned by Client or Designer.
Client grants Designer the right to display a "Built by GEMS." credit link in the footer of the completed website. Client also grants Designer permission to showcase the completed website in their portfolio, on their website, and across social media platforms.
Designer agrees to keep all Client business information, materials, and project details confidential and will not share them with third parties without Client's written consent, except as required by law.
Designer warrants that the completed website will function as described in the selected package at the time of delivery. Designer does not warrant that the website will be free of all bugs or errors after the support period ends. Designer makes no guarantees regarding search engine rankings, website traffic, leads generated, or business results. Designer's total liability under this Agreement shall not exceed the amount paid by Client for the selected package.
Client agrees to indemnify and hold harmless Designer from any claims, damages, losses, or expenses arising from Client's use of the website, content provided by Client, or Client's violation of any third party rights.
In the event of a dispute, both parties agree to first attempt resolution through good faith negotiation. If negotiation fails, disputes will be resolved through binding arbitration in Norman, Oklahoma under the rules of the American Arbitration Association. Client waives the right to participate in any class action lawsuit against Designer.
This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma. Any legal action arising from this Agreement shall be brought exclusively in the courts of Cleveland County, Oklahoma.
This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, representations, or agreements. This Agreement may only be modified in writing signed by both parties. If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect.
By checking the agreement box and completing payment on this page, Client acknowledges they have read this entire Agreement, understand its terms, and agree to be legally bound by it. Client's electronic acceptance constitutes a valid and binding signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).
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