2024 Development, Hosting & Support Agreement

Company Contact Name(Required)

WP Site Mason LLC Development, Hosting & Support Agreement

This agreement governs the website development and support services provided by WP Site Mason LLC to [COMPANY NAME].

1. Services
[COMPANY NAME] is engaging WP Site Mason LLC, an independent contractor, to provide website development and/or website support services. These services may be referred to as "Services" when referenced together in this agreement.

2. Authorization
By signing this agreement, [COMPANY NAME] authorizes WP Site Mason LLC to provide the Services outlined herein and perform work on [COMPANY NAME]'s behalf related to its website and online presence.

3. Communication
WP Site Mason LLC may send [COMPANY NAME] communications related to the Services, such as project updates, maintenance notices, invoices, newsletters, etc. WP Site Mason LLC will provide timely notice if there are any significant changes to the scope, delivery or pricing of the Services.

4. [COMPANY NAME]'s Obligations
To utilize WP Site Mason LLC's Services, [COMPANY NAME] agrees to:

  • Provide accurate, current and complete information about [COMPANY NAME]'s business, website and project needs as required for WP Site Mason LLC to deliver the Services.
  • Promptly update any information provided to keep it true, accurate, current and complete.
  • Provide timely responses to requests from WP Site Mason LLC to facilitate delivery of the Services, including content, approvals, feedback, etc. Delayed responses may impact project timelines.
  • Provide all equipment, software and access required to utilize the Services. This includes web-enabled devices and internet connectivity.
  • Assume responsibility for third-party costs related to the Services, such as theme/plugin licenses, stock media fees, etc. WP Site Mason LLC will make reasonable efforts to notify [COMPANY NAME] of any third-party costs exceeding $100.

5. Payments and Cancelation
Fees for Services will be outlined in each Project Estimate or Order Form provided to [COMPANY NAME].

Website Development requires a 50% deposit before project kickoff, with the balance due prior to website launch.

Website Support is billed monthly or annually in advance based on the plan selected. Payment terms are net 30 days from invoice date. All fees are in USD.

WP Site Mason LLC reserves the right to suspend Services if payment is more than 30 days past due. Services will be restored once payment is received.

If payment remains outstanding for 60+ days, WP Site Mason LLC reserves the right to terminate the agreement and revoke access to deliverables.

[COMPANY NAME] may cancel Services at any time by providing written notice to WP Site Mason LLC. Prepaid fees are non-refundable, but Services will terminate at the end of the pre-paid period. Auto-renew is enabled by default for Website Support plans. [COMPANY NAME] must notify WP Site Mason LLC in advance to cancel auto-renewal.

WP Site Mason LLC will provide [COMPANY NAME] advanced written notice of any fee or payment term changes.

6. Website Development
WP Site Mason LLC, and [COMPANY NAME] must work together to complete proposed website development projects, hereafter known as the "Project" in a timely manner. WP Site Mason LLC agrees to work expeditiously to complete the Project within 60 days of receipt of payment deposit and the acceptance of this agreement.

WP Site Mason LLC reserves the right to assign subcontractors to the Project to ensure the right fit for the job as well as on-time completion. [COMPANY NAME] may be charged additional fees if changes are made to the agreed upon project scope and objectives.

The development and launch timeline is dependent on [COMPANY NAME]'s timely provision of content, materials and approvals. Delays in [COMPANY NAME] providing materials may result in projected timelines being extended. Failure of [COMPANY NAME] to provide needed information/materials within 30 business days gives WP Site Mason LLC the right to place the project on hold until received.

WP Site Mason LLC will keep [COMPANY NAME] updated on development progress and notify of any expected timeline impacts as soon as possible. Timelines are subject to change depending on [COMPANY NAME]'s responsiveness.

WP Site Mason LLC will make reasonable efforts to ensure website accessibility and mobile-responsiveness, but cannot guarantee compatibility across all devices, browsers and assistive technologies.

After website launch, any required troubleshooting, revisions or further development work may be considered outside the scope of the original Project and may incur additional fees.

7. Website Support
"Support" means the ability to make requests for technical support assistance with your website at any time (with reasonable efforts by WP Site Mason to respond within 24 hours, 7 days a week) concerning the use of Our Services.

All Website Support subscriptions include access to support via email, phone or text.

A Website Support subscription includes the option of using WP Site Mason LLC’s Pressable hosting account to host [COMPANY NAME]'s website at no additional cost. Using WP Site Mason LLC’s Pressable account for website hosting is not required for website support.

WP Site Mason LLC will make reasonable efforts to assist with any website hosting issues related to Pressable, but cannot guarantee resolution of issues caused by Pressable's systems, as Pressable is an independent third-party hosting provider.

WP Site Mason LLC cannot make absolute guarantees about Pressable's uptime, performance, security or support. In the event of downtime, security incidents or support issues caused by Pressable, WP Site Mason LLC will liaise with Pressable on [COMPANY NAME]'s behalf but cannot guarantee any SLA or resolution timeline.

WP Site Mason LLC will endeavor to provide smooth transition of hosting services if [COMPANY NAME] decides to move hosting providers, but WP Site Mason LLC is not responsible for Pressable's cooperation or any associated downtime.

WP Site Mason LLC will make best efforts to regularly backup and secure website files and databases as part of its services. However, WP Site Mason LLC is not responsible for any data loss or corruption caused by Pressable's hosting environment.

8. Ownership and Licenses
[COMPANY NAME] represents that it owns or has permission to use any elements provided to WP Site Mason LLC for incorporation into the Services.

[COMPANY NAME] will hold harmless and defend WP Site Mason LLC against any claims arising from use of these elements.

9. Intellectual Property
Upon full payment, [COMPANY NAME] will own all deliverables produced as part of the Services, including website code, content, designs, graphics etc.

WP Site Mason LLC grants [COMPANY NAME] a non-exclusive license to use any underlying code, frameworks or processes included in the deliverables that are the pre-existing property of WP Site Mason LLC.

WP Site Mason LLC retains the right to display portfolio samples of [COMPANY NAME]'s website and other deliverables for promotional purposes.

WP Site Mason LLC will take reasonable security precautions but is not liable for unlawful access to or use of [COMPANY NAME]'s intellectual property hosted on WP Site Mason LLC's systems or accounts.

10. Disclaimer of Warranties
WP Site Mason LLC makes no warranties express or implied, and disclaims any warranties of merchantability or fitness for a particular purpose. WP Site Mason LLC does not guarantee any particular results from the Services.

11. Limitation of Liability
In no event shall WP Site Mason LLC be liable for any indirect, incidental, special, consequential or punitive damages arising out of or relating to the Services provided to [COMPANY NAME], including but not limited to damages for loss of profits, use, data or other intangible damages.

WP Site Mason LLC's total cumulative liability relating to this Agreement shall not exceed the total amount paid by [COMPANY NAME] to WP Site Mason LLC under this Agreement in the 12 months preceding the event giving rise to liability.

These limitations apply regardless of the legal theory of liability, whether derived from warranty, contract, statute, tort (including negligence) or otherwise.

12. Disclaimer of Accuracy
WP Site Mason LLC strives to provide accurate information and recommendations as part of the Services, but cannot guarantee complete accuracy. Situations may arise where errors or omissions occur. WP Site Mason LLC will make commercially reasonable efforts to correct any material errors or omissions in the Services that are brought to its attention. This shall be [COMPANY NAME]'s sole remedy for any errors or omissions in the Services.

13. Entire Agreement
This Agreement represents the entire understanding between WP Site Mason LLC and [COMPANY NAME] related to the Services and supersedes any prior agreements, representations or understandings, whether oral or written.

Any additional services or changes to the scope of Services will require a signed written change order. All prices in this Agreement are valid for 3 months from the date of signing.

14. Governing Law
This Agreement shall be governed by the laws of the State of Alabama, without giving effect to its conflict of law principles.
By submitting this form, you acknowledge that you have read the agreement terms explained above.