This is an example of the KPFdigital Project Contract and Project Specification for review purposes only.
In the event that you choose to work with KPFdigital on your website project, the actual contract will be sent to you for signing at that time.
WEBSITE HOSTING AGREEMENT
- You are also engaging KPFdigital to host your website.
- KPFdigital will provide a website hosting account to support your website’s goals and enable you to manage your website’s content yourself. You will have access to the administrative dashboard of a WordPress installation that will serve your website. You will not have access to the underlying hosting account unless the Project Specification so provides.
- The Payment Amount covers hosting for the first year following the Effective Date.
- Beginning one year after the Effective Date, an additional charge for continued hosting will be paid in advance annually, in an amount stated in the Project Specification (the “Annual Hosting Fee”). Thus, on each year’s anniversary of the Effective Date, the Annual Hosting Fee will be due for continued hosting for the following year, and KPFdigital will bill you accordingly.
- The Payment Amount (during the first year) and the Annual Hosting Fee (in subsequent years) entitle you to operability of the hosting account and WordPress installation. Support for website content management is not included, unless stated by the Project Specification.
- From time to time KPFdigital may notify you that it is changing its hosting price. In such event, if you are not satisfied with the new price, you may cancel or refrain from renewing your purchase of KPFdigital’s hosting services.
- You may inform KPFdigital in writing or by email at any time that you wish to cancel KPFdigital’s hosting of your website.
- In addition, if you fail to pay a bill for continued hosting, you will be deemed to have cancelled KPFdigital’s hosting of your website on the date that your payment for continued hosting becomes 30 days past due.
- Upon cancellation of your hosting, your website will no longer be publicly accessible.
- KPFdigital will continue to make your website files and backups available for your retrieval for 30 days after cancellation of hosting. Thirty days after cancellation of hosting, KPFdigital will delete your website files and backups.
- Under its standard hosting plan, KPFdigital performs backups of your website’s data and files on a daily schedule pursuant to a protocol that should be satisfactory for most routine website needs.
- The standard backup protocol does not copy your website’s data and files more often than once per day, however, and the backups are preserved for a limited period. KPFdigital makes no representation or guarantee that all of your website’s data and files will always be recoverable from backup. You may request that KPFdigital provide more frequent or longer-lasting backup solutions for additional cost by separate contract.
- Although problems are rare, KPFdigital does not represent that your website will never go down. All computers malfunction from time to time, including due to software bugs, malicious attacks, hardware failure, configuration error, or acts of God. Occasional planned maintenance and upgrades also have to be carried out on hardware and software. Such circumstances can cause your website to be unavailable. It is impossible to keep a website up and running 100% of the time without a substantially more complex and redundant system than KPFdigital offers in its standard hosting package.
- KPFdigital has a network monitoring system in place, and if problems arise, KPFdigital will do its utmost to rectify them as soon as possible. Any request for a refund of hosting fees based on downtime will be considered and negotiated on a case-by-case basis. Under no circumstances will KPFdigital be responsible for lost business or any other harm that you or any third-party may suffer as a consequence of your website being down.
- KPFdigital will use commercially reasonable efforts to protect its hardware and software systems from malicious activity.
- The World Wide Web is public space, and security is a shared responsibility. You agree to use KPFdigital’s systems in such a way as to maintain the security of your website and KPFdigital’s services. This includes, without limitation, using secure passwords, refraining from sharing your passwords with others, exercising appropriate control over access to your website, and taking care that any software you install comes only from trusted, reputable sources for which you have a reasonable basis to expect their software is secure.
- If unauthorized access is discovered (e.g., if your website is “hacked”), KPFdigital will take reasonable steps to try to repel the intrusion, reestablish security, and restore your website to a state in which it existed prior to the intrusion. However, you understand that KPFdigital cannot and does not guarantee the absence of malicious access, or that restoration would be possible in its event.
- KPFdigital reserves the right to audit your website’s data, software, configuration, and passwords for compliance with reasonable security practices, and in KPFdigital’s discretion to make precautionary updates or modifications in order to maintain appropriate safeguards. If modifications are necessary for security, KPFdigital will endeavor to notify you as soon as possible, which might be before or after it has taken security protection measures.
- You understand and agree that KPFdigital will have administrative-level access to your WordPress installation, and retains the right in its sole discretion to review all aspects of your website from time to time to audit its compliance with law, appropriate security practices, and KPFdigital’s acceptable use policy.
- Using an Internet-connected server and publishing information on the Web requires common sense. You agree not to operate your website in ways that violate the law, harm other people or KPFdigital’s facilities, or breach Internet “community standards.” You also understand and agree that “acceptable use” is a distinct and narrower concept than “legal use.”
- Among other prohibited uses: You may not overburden the facilities KPFdigital provides for your Website. You may not place excessive burdens on KPFdigital’s CPUs, servers or other resources, or interfere with the services KPFdigital provides to other customers. You may not use excessive bandwidth or data transfer. The website hosting facilities provided to you are not intended for storing files unrelated to operating your website — in other words, they are not to be used as a “Dropbox” or “Google Drive” style service.
- You also agree to abide by KPFdigital’s “Acceptable Use and DMCA Policy,” which is available to read online at http://www.KPFdigital.com/acceptable-use-dmca-policy/. (The DMCA, or “Digital Millennium Copyright Act,” is a federal law that pertains to handling complaints of online copyright infringement.)
- Because the nature of what is an acceptable use of the Internet evolves, KPFdigital reserves the right to make alterations to its acceptable use policy at any time. You agree that if you are not satisfied with any such changes, your only recourse will be to cancel your engagement of KPFdigital’s services without refund.
Cancellation or Nonrenewal of Hosting
AMENDMENT OR WAIVER
- Terms and conditions of the hosting services KPFdigital provides under this Agreement are subject to change by KPFdigital at any time for any reason upon written or email notice to you. If, upon receiving notice, you do not wish to continue using KPFdigital’s hosting services on the modified terms, you may cancel them pursuant to paragraphs 8.7 and 8.9-8.10 above. If you continue to use KPFdigital’s hosting services and do not cancel them within two weeks of notice of the modifications, you will be deemed to have accepted the modified terms, which will then be binding as of the date of notice of the modified terms.
- With the exception of the preceding paragraph 15.1, this Agreement may not be amended or modified except by a writing signed by both Parties. No term or condition of this Agreement will be deemed waived and no breach consented to unless such waiver or consent will be memorialized in a writing signed by both Parties.
Agreed to and accepted:
[CLIENT NAME (if client is an entity)]
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By: [Name of Signatory]
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By: Kenneth Feldman
EXAMPLE PROJECT SPECIFICATION
Based on our preliminary discussions, I have identified and listed below the Needs and Solutions that we will want to address in this project.
This website project has the following primary goals;
- Fundamentally to create and launch a brand new, modern, version of CLIENT website.
- Present CLIENT in an updated, modern, professional manner; appear competent, trustworthy, and friendly
- Work with KPFdigital and professional copywriter to create clear brand description and value offerings
- To be mobile friendly, with robust fundamental SEO setting on all pages
- Explore potential new features for better customer engagement
Ideation and Discovery
In a series of initial discussions, a clear picture will be developed of CLIENT and where they fit in the world of CLIENT competition. Services, unique specialties, experience, staff and skills will be explored and presented in a well-organized format. We’ll also review other similar websites to get a sense of any industry trends or standards.
All of this will be the inspiration for the organization, functional, and visual personality of the new website.
We will develop the website using the WordPress self-published website platform. The website shall be very user-friendly to manage; new offerings and articles can be easily added to the website, and overall content can be kept fresh and up-to-date with a minimum of effort. No HTML or coding experience required; focus will be to get in and get out quickly.
Substantially, this website project requires smart build and launch of the new website such that the finished project connotes professionalism, competency, and trust in the eyes of potential new clients and customers.
Once all information, images, features have been completed, final balancing and fine tuning will be applied to bring the website to a finished state ready for launch.
No anticipated additional features.
Once the new website is ready to launch, we’ll make the new website visible to the public. All links and functionalities will be tested and confirmed, and all statistics and sales programs will be activated.
At this time, KPFdigital will adjust the website SEO settings to best portray Client’s information, services, and offerings.
KPFdigital will then run a training session with client, showing how to use the Content Management System and tools developed in the project. This can be done in person or online via telephone.
Project Fee $– – – – . – –
- 50% due upon acceptance of the proposal before work commences
- 30% due upon delivering the basic design with the content management system in place
- 20% plus any incurred additional agreed upon fees no later than 30 days from when the completed design was delivered.
Website Hosting Fee
$348 paid annually starting in second year (equals $29/mo) — does not include support of, or work on, website content management beyond initial training.
If desired, additional support/work contract can be added; cost determined by level of support desired.
Upon your return of a signed copy of the Agreement and the Deposit by the Acceptance Due Date, KPFdigital will allocate eight (8) weeks of attention and resources to your website construction project. The project will proceed in three major phases:
Phase I: Discovery and Ideation
Phase I, “discovery and ideation,” is the first two weeks. (This has already been accomplished in advance of this contract.)
During Phase I, you and KPFdigital will discuss in further detail your business and creative objectives for your website, and will form the preliminary concept and plan for its design and content.
Phase II: Content Acquisition And Creation
Phase II, “content acquisition and creation,” is weeks three and four. (This has already been accomplished in advance of this contract.)
Your Phase II tasks will be to gather, prepare, and provide any and all Content that you wish to be included in the website. As described in paragraph 2.11, Content is “information, text, images, logos, designs, graphics, artwork, video files or similar materials.”
Any text you provide should be in electronic format, suitable for copying and pasting into a text editor. If KPFdigital must scan, OCR, or transcribe text materials you provide in printed or image format, KPFdigital will charge additional fees for those services.
Images, audio or video must be provided via email or other electronic means.
If the Project Specification assigns Phase II tasks to KPFdigital, then KPFdigital will perform those tasks during Phase II as well.
At the end of Phase II, payment 2 in the Project Specification is due. Depending upon the size of any Phase II tasks assigned to KPFdigital, KPFdigital may require, at its discretion, payment of a portion of the Phase II payment upon commencement of Phase II. Any such division of the Phase II payment timing will be reflected in the attached Project Specification.
Phase III: Build And Finish
Phase III, “build and finish,” is weeks five through eight. Phase III will not begin until receipt of all of the Phase II payment.
During Phase III, KPFdigital will combine and assemble all concepts and materials that were generated or provided during Phases I and II. During the course of the Phase III process, KPFdigital may seek your feedback regarding interim drafts of your website. At the end of Phase III, your site will be ready for launch.
At the end of Phase III, with your approval, KPFdigital will launch your Site by making it live for public viewing on the Internet. All passwords and instructions needed to access and administer your Site will be provided to you, and its control and maintenance will be turned over to your care. Any further services to be performed by KPFdigital after launch must be separately negotiated and contracted by you at that time.
Consequences of Delay
During all three of the above phases you must respond to requests for materials and directions in a timely manner. If one of the following occurs —
- during Phase I, you fail to participate fully and timely in discovery and ideation;
- during Phase II, you fail to provide the Content; or
- you have not made the second payment by the date on which Phase III has been contracted to begin,
— then KPFdigital’s obligation to perform further work will cease, and KPFdigital will have no obligation to refund payments already received.