The EZ Web Solutions LLC - SERVICES AGREEMENT

THIS AGREEMENT is between THE EZ WEB SOLUTIONS and the client (collectively hereinafter "Party" or "Parties"). If you continue with the payment process for the service you are agreeing to the following.

 RECITALS 

 1. The EZ Web Solutions is in the business of creating custom website designs, providing web hosting, internet marketing, and related services. Client wishes to utilize the services of The EZ Web Solutions for this purpose as well as for other related services as set forth below. 

TERMS OF THE AGREEMENT 

In consideration of the foregoing and the mutual promises contained herein, The EZ Web Solutions and Client agree as follows: 

Engagement of and Payment to The EZ Web Solutions. Client hereby agrees to engage and pay The EZ Web Solutions for the services to be provided as set forth in Product Details of the invoice. All payments shall be due and payable within ten days of the date of The EZ Web Solutions invoice, or in payments we have agreed upon. Pricing is not guaranteed after ten days. All payments shall be due and payable within 30 days of the date of The EZ Web Solutions invoice. Past due payments shall bear interest at the rate of 1.5% per month from the due date. 

 

The product will be provided as outlined in the Product Description on the invoice with for the total amount detailed.

Payment Plan Option If a payment plan is selected, at least half of the total amount of the bill as agreed upon by The EZ Web Solutions LLC and the client will be fulfilled to begin production. Additional progress payments will be established for the next three months with three equal payments. If the payments are halted or refunded, the work will cease and the product(s) will not be delivered.

Site to Launch

The site will be completed and will launch once the final balance has been paid.

Work and Progression:

The Client and The EZ Web Solutions must approve the statement of work of provided in the beginning of the project and at every step.  

Client’s payment is the Acceptance/Approval is the client’s approval for services and email or verbal acceptance at each stage of development. (If that part of the project is not up to client’s expectations, client must make changes or suggestions in writing.) All changes will then be made or corrected by The EZ Web Solutions per client’s specifications. Once changes are made, client’s signature and date must appear on the Acceptance / Approval Form. Clients can have three design changes without an additional charge, if the change order includes additional pages, code, e-commerce set,  additional e-commerce products, or work outside of the scope of work agreed upon the client will be bill accordingly.

Permission to use Photos, Videos, or other media for your site. Before any of the clients’s submitted media is used on site, the client must first get a signature and date from person submitting these items, (Digital Media Photo, Video Release Form). If the client owns these items, his/her signature is needed before it can be used. All videos, photos and media will be returned to client after final invoice is paid.

Web Site Page Defined Six sections define a page, not including the header and footer of the page, roughly the size of a legal piece of paper, 8.5x14 inches. If additional sections of information are requested, and the page exceeds this size, you may incur an additional fee. As website designers, we have the right to determine page length to follow website best practices. Additional pages start at $100.00 to set up with the same design and up to 5 images. The Client may suggest other considerations for web pages, such as custom code or widgets which will be submitted for a proposal review for an additional fee. The Client will make a payment before each additional page is created. 

Web Site & E-Commerce Hosting The web site's hosting will come with one of the Monthly Maintenance and Management choices: Basic Hosting & Management, includes online help guide, videos and email support that covers questions relating to the website, website features, and the EZ Website platform, and does not include website editing. Standard Hosting & Management includes unlimited basic website editing, the ability to edit your EZ Website platform, marketing tools, & upgrades to the platform, e-mail support, scheduled phone support for website & features, unlimited basic website editing (i.e. website text edits and replacement of images), No design changes or layout changes. Advanced Hosting & Management email and schedule phone support covers questions relating to the website, website features with unlimited basic website editing (i.e. replacement of text and images.) Includes basic HTML and CSS editing. Includes design changes and layout alterations on a page or certain section. (does not include full website redesign) Managed hosting also Includes e-commerce editing, adding, or deleting of up to 8 products per month. These hosting prices are subject to change. These e-commerce hosting charges do not include e-commerce setup, and are subject to change. E-commerce hosting has three levels of services basic, standard and unlimited. The prices of hosting are subjected to change. 

Property Rights. Upon final payment of the Services, ownership of the completed assembled website, including graphics, and text, shall be owned by the Client. Rights to stock photographs, other source codes, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. 

Warranties and Representations. Client acknowledges and agrees that The EZ Web Solutions has no control over changing external economic and social factors that can affect Client's business. Any of the services and products that The EZ Web Solutions provides cannot and will not guarantee that Client's sales, revenue, income, or business activity will increase. Client further acknowledges and agrees that The EZ Web Solutions has made no representations or guarantees that any Services provided by The EZ Web Solutions will improve Client's ranking or placement on any internet search engine. 

Start and Completion of Services and Launching.  

Client acknowledges that The EZ Web Solutions start and completion of the Services depend upon Client providing materials including but not limited to images, videos, and any special input and instructions regarding said content (collectively, "Content") through the EZ Wizards, or another method agreed upon by The EZ Web Solutions. Client agrees to provide The EZ Web Solutions with all content needed to complete the Services. Once all the content is submitted and approved the product will be delivered within thirty (30) days. This is with the understanding that any request from The EZ Web Solutions for approvals from Client will be met in a timely manner. The domain name may display a holding page during the site's building, including contact information and a location map (s).

Any delay by the Client will affect the completion of the Services. If Client does not timely provide The EZ Web Solutions with the requested content, Client agrees that The EZ Web Solutions may use filler content of The EZ Web Solutions' choosing to complete the services. In case of any such delay by Client, Client agrees to be responsible for The EZ Web Solutions fees and any additional costs incurred for any extra work required by The EZ Web Solutions, including content writing. All additional work necessitated by the Client's delay shall be billed at $130 per hour. Client acknowledges that The EZ Web Solutions is not responsible and agrees to hold The EZ Web Solutions harmless for any delays or damages resulting from Client's failure to make such submissions promptly. The site will be completed and launched within 30 business days once all the information is received and is Client approved. Once The EZ Web Solutions have received all payments the site will be launched. (Attach the domain name to the website) 

Meetings and Approvals. The Client agrees to meet with The EZ Web Solutions as required by The EZ Web Solutions until the project's completion, either in person, by phone, or online. After the initial meeting and demonstration, The EZ Web Solutions will include three additional meetings in the website setup price. The three meetings include an initial meeting for the website layout and conceptual design, a meeting halfway through the project, and a final meeting are part of the initial setup pricing. Milestone approvals and sign-offs must be responded to within two weeks or another time that is agreed to by The EZ Web Solutions and the Client. A Clients non-response for a requested approval or sign-off with-in 30 days shall constitute that milestone or sign-off is approved by Client. Each additional in-person meeting requested by the Client will be billed at $65 per hour, and each additional video or phone meeting over 30 minutes is $35 per half hour. Short phone calls under 30 minutes and emails will not be charged. If the phone call is over 30 minutes there will be a $35 dollar charge.

Changes/Additions to Agreed upon Services. If the Client wishes to make changes to any work completed by The EZ Web Solutions that have already been approved and accepted, the Client agrees to pay The EZ Web Solutions at the hourly rate of $130 per hour. These changes include, but are not limited to, design, graphics, text, the layout of a site, and SEO or campaign strategy in addition to any costs incurred by The EZ Web Solutions or, in the opinion of The EZ Web Solutions, any items of work requested by the Client that is not outlined in the original scope of work.

Electronic Commerce. The Client understands and acknowledges that from time to time, that State, Federal, and local laws and regulations may change to include taxes, assessments, tariffs, and levies that pertain to electric internet commerce. Client agrees that Client is solely responsible for compliance with all laws and regulations and is responsible for all taxes, assessments, tariffs, and levies. 

Assignment of Project. The EZ Web Solutions reserves the right to assign subcontractors to this project. At the sole discretion of The EZ Web Solutions, work produced by subcontractors may be protected under signed confidentiality agreements and shall remain the property of The EZ Web Solutions. 

Conditions Affecting Performance. Certain conditions beyond the control of The EZ Web Solutions may affect The EZ Web Solutions' ability to perform obligations provided for under this Agreement. These conditions may include but are not limited to labor shortages, internet outages, changes in supported technologies, Acts of God, or circumstances or causes beyond the control of The EZ Web Solutions. The EZ Web Solutions shall not be liable for, and Client agrees to hold The EZ Web Solutions harmless for any delays, cancellations, or terminations that result in damages of any kind to Client as the result of any such conditions or circumstances. 

Cancellation. Either The EZ Web Solutions or Client may cancel this Agreement by providing written notice of the intent to do so. Regarding the Client's cancellation, the notice of cancellation must specifically instruct The EZ Web Solutions to cease all further work, and the Client must call The EZ Web Solutions at 330-651-7131 to cancel hosting 30 days before the next billing. The Client will be liable for all work performed until The EZ Web Solutions receives the cancellation notice. Any work that The EZ Web Solutions have not previously billed shall be billed at the hourly rate of $130 per hour. Any work previously billed and not as yet to be paid shall be deducted from any outstanding deposits given by the Client. If Client elects to cancel this Agreement after The EZ Web Solutions has commenced work on the project, any deposits made by Client shall be deemed non-refundable. 

Use of Clients Materials. Should The EZ Web Solutions, upon Client's written request, verbal instruction, or delivery of materials, utilize Client's materials which may include, but are not limited to, photographs, text, software, code, copyrighted material, and/or materials that may be owned by third parties ("Client's Materials"), Client acknowledges and agrees that neither The EZ Web Solutions nor its employees, agents or anyone acting on its behalf have made any representation to Client regarding Client's entitlement to use Client's Materials. Client acknowledges and agrees that Client has relied on its own investigation to establish whether Client is entitled to use Client's Materials. Client agrees to defend, indemnify and hold The EZ Web Solutions, its employees, agents, or anyone acting on its behalf harmless from any and all claims of any kind, including, but not limited to, all lawsuits for damages, royalties, penalties, interest, legal fees, expert fees and court costs of any kind ("Claims") arising out of, related to, or alleged to arise out of or relate to any use of Client's Materials unless such Claims are due to The EZ Web Solutions gross negligence or intentional misconduct. 

No Hire of Employees/Subcontractors. Client agrees that Client shall not solicit in an attempt to hire, hire or contract directly with any employee employed by The EZ Web Solutions nor any independent contractor who provides service for The EZ Web Solutions for the same or similar services provided by The EZ Web Solutions. 

Final Product Testing. Part of our process is testing the website. The Client agrees that the Client shall test the functionality of any website The EZ Web Solutions created to ensure that it works according to the Client's needs before using it for the Client's business or other related purposes. If Client discovers that any website is not functioning properly, Client shall immediately notify The EZ Web Solutions in writing. Client agrees that if Client fails to test the functionality of any website and suffers damages; as a result, the Client shall hold The EZ Web Solutions harmless from any and all damages of any kind suffered by Client. 

Attorney's Fees, Costs, Venue, and Governing Law. If any dispute arising between the Parties results in the filing of a lawsuit, the prevailing party, as determined by a Court of competent jurisdiction, shall be entitled to an award of its reasonable attorney's fees and taxable costs. Venue for all disputes arising out of this Agreement is proper only in Mahoning County, Ohio. The laws of the State of Ohio shall govern this Agreement.

Mediation. Before any lawsuit is filed, the Parties to this Agreement must engage in four (4) hours of mediation unless the parties agree in writing otherwise. If the parties cannot agree upon the mediator, then each party will select one mediator, and those mediators shall agree upon one mediator to preside over the matter. The presiding mediator's fees shall be split equally between the parties. 

Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, such provisions shall be fully severable. Client: The EZ Web Solutions Internet Solutions.

 The EZ Web Solutions_

Revised Date: 11/29/2023

30 Business Days to complete site