Purchase Agreement
This document was last updated on October 15, 2024.
This purchase agreement (the “Purchase Agreement”) is an agreement between WebsiteMas, LLC (“us”, “our”, “we”, or “WebsiteMas”) and you (“User”, “you” or “your”) the client (person who represents himself a company or business).
With that in mind:
At WEBSITEMAS LLC, we always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what, when, and what will happen if something goes wrong.
This purchase agreement does not contain complicated legal terms or long passages of unreadable text. We do not want to trick you into agreeing to something that you might later regret. What we do want is what’s best for both parties, now and in the future.
So, in short,
When you hire us, whether by a phone call, text, email, or work order form, to do any of the services we offer on this website (www.websitemas.com) for the price we both agreed to, you are acknowledging and agreeing to the terms of this purchase agreement.
What do both parties agree to?
You: You have the authority to enter into this purchase agreement on behalf of yourself, your company, or your organization. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work and provide feedback and approval in a timely manner, too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out in this purchase agreement.
WebsiteMas LLC: We have the experience and ability to do everything we’ve agreed with you, and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set, and on top of that, we’ll maintain the confidentiality of everything you give us.
Getting down to the nitty gritty
Website Design
We create websites using WordPress and WordPress themes or templates. Once you choose a template, we will change its colors and fonts to your preferences, but we will not change the template’s base.
You’ll have plenty of opportunities to review our work and provide feedback. You’ll be able to access your new site and view the work that has been done, or we’ll share a development site where you can do so as well. We’ll have regular, possibly daily contact by phone, text, or email.
Text and other content
We are not responsible for creating text content, images, or videos for your new website. You are responsible for supplying all its content. Once we accept your order, you agree to deliver 100% of the information needed to start working on your new website within a maximum of 30 calendar days.
If the information is not received, we will cancel your order without any obligation to you.
Domain name
Your new website needs a domain name, which is its unique identifier on the Internet. We can help you acquire one. It must be registered in your name or the name of your business and costs around $20 annually.
We will send you a notification 45 days before the expiration date to renew your domain name. If you do not renew it, your website will stop working on the expiration date, and you may lose your domain name due to someone else acquiring the rights to use it.
Please note that you can purchase the domain name and provide it to us. HostGator and GoDaddy are some of our affiliate vendors, but several others are in the marketplace.
Web hosting
Your new website requires a web hosting service to work on the Internet. We can host your website on a shared, fast, secure, and stable web server (the cost is already included in the Management Plan). Or, if you prefer, you can purchase a hosting service separately and add us as administrators to your website. Some of our affiliate providers are HostGator and Inmotion.
Management plan
It is a “pay-as-you-go” service, which means that you pay for the month in advance and use the service.
The Management plan service includes:
- Maintenance – Software updates and all necessary adjustments to keep your website working at 100% without interruptions.
- Security – We install anti-hacker blocking software and daily intrusion scans. Also for added security, we make a copy of all software and content on your website monthly.
- Web hosting – We host your website on a fast, secure, stable web server (shared server).
- Changes per month – We assist you in making necessary changes to your website, such as price changes, product names, new photos, etc. The number of free changes per month depends on your plan: Standard Package 4 free changes per month, and Premium and Custom Packages 10 free changes per month.
Management plan rate
- Basic Package is $29.99 per month.
- Standard Package $39.99 per month.
- Premium Package $99.99 per month.
- Custom Package $99.99 per month.
Failure to pay for the Management Plan
You will not be charged for not paying your monthly service on time. But because this plan includes Web Hosting, if you do not pay for it and your website is hosted on our servers (if you did not purchase web hosting separately), then your website will no longer appear on the internet until you pay for the service again.
Note: If the Management service is not paid for more than six consecutive months, and your website is hosted on our servers, it will be permanently removed from our hosting server.
Payment schedule
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly (we issue invoices electronically). You agree to stick tight to the following payment schedule.
We do not need your credit card information. We’ll do the work, and after the website is completed, we will send you an invoice for your payment. You can pay through a secure credit card processor like Stripe or PayPal. Please make your payment within 30 days from the invoice date.
For the Management plan, an invoice will be sent to you 15 days before the end of each month so that you can pay for the next month of service.
If you choose to pay yearly, an invoice will be sent to you 45 days before the expiration of the period of one year of service for you to make your payment for the next year of service (please make your payment within 30 days of receiving the invoice).
For the domain name, an invoice will be sent to you 45 days before the expiration of one year so you can make your renewal payment (please pay within 30 days of receiving the invoice). The domain name will not be renewed if payment is not received, and you could lose it. We are not responsible for losing your domain name if you do not make your renewal payment on time.
For customers residing outside the US.- You agree to pay all fees associated with international fund transfers.
We reserve the right to charge interest on all overdue debts at the rate of 10% per month or part of a month.
Refund policy
You have 30 days to verify everything is correct in the purchased service. When you buy a website creation service from us or any other website design element, such as pages, contact forms, logos, etc., we do not ask you to pay for the work in advance. We give you up to 30 days to review the work we did for you (as we give you 30 days to pay your invoice). So, once your invoice is paid, you accept that you accepted all the work; therefore, there will be no refunds.
For the Management Plan
The Management plan is a monthly “Pay as you go” service. Therefore, we will refund your monthly payment if you cancel within the first five days of your renewal date.
For the domain name
Domain names are provided by third parties such as HostGator and GoDaddy, and they typically offer a full refund if canceled within 30 days of purchase or renewal.
Technical support
Technical support is not included in any web design package. But it is available on request. Please contact us; we will be happy to assist you.
Browser testing
We test our work in current versions of major desktop browsers, including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), and Mozilla Firefox.
Mobile browser testing
All our designs are mobile-ready. We do regular testing using the two most popular browsers:
iOS: Safari
Android: Google Chrome
Search engine optimization (SEO)
We don’t guarantee improvements to your website’s search engine ranking, but the websites and pages we develop are accessible to search engines and will most certainly get indexed by them.
Changes and revisions
After we finish our work, we will ask you to review the job done. This is the time to make any changes that do not follow what you want. Any changes you need to make that are within what we agreed upon will not incur additional charges.
If, after accepting that the work was done according to what you requested and after having paid for the service, you decide to make changes, then we will have to agree on the cost if there is one.
Legal stuff
We’ll carry out our work by good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free. So, we can’t be liable to you or any third party for damages, including lost profits, lost savings, or other incidental, consequential, or special damages, even if you’ve advised us of them.
Your liability to us will also be limited to the amount of fees payable under this purchase agreement, and you won’t be liable to us or any third party for damages, including lost profits, lost savings, or other incidental, consequential, or special damages, even if we’ve advised you of them.
Finally, if any provision of this purchase agreement is unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable from this purchase agreement and shall not affect the validity and enforceability of any remaining provisions.
Intellectual property rights
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get-up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
First, you guarantee that all elements of text, images, videos, or other artwork you provide are either owned by your good selves or that you’ve permission to use them. When you provide text, images, or other artwork to us, you agree to protect us from any claim by a third party that we are using their intellectual property.
We guarantee that we either own all elements of the work we deliver to you or have obtained permission to provide them. We don’t provide text, images, video, or other artwork to you.
Provided you’ve paid for the work and that this purchase agreement hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
You’ll own the website we design for you, as well as all intellectual property rights to the text, images, videos, site specifications, and data you provide unless someone else owns them.
We’ll own any intellectual property rights we’ve developed prior to or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design, and we’ll license its use to you exclusively and in perpetuity for this project only.
All of the finished files for your website will be stored on the hosting server. We are Not required to keep a copy, but if you are on the Management Plan, we will keep a safe backup for you in our work folder.
Taking your website with you
If you decide to take your website elsewhere, you can do so. At the end of the project, when our services are paid in full, the website design is yours.
Therefore, if you need to move, we will provide you with a zip file with all of your website’s content.
Of course, we don’t want you to leave us, and we will do our best to keep you. But if you need to go, we can’t stop you from taking your new website with you.
Displaying my work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs, and the completed project, on our portfolio and in articles on websites, YouTube videos, magazine articles, and books.
Reservations of rights
Our services are exclusive to helping small business owners, therefore we do not work for political or religious entities.
We reserve the right to refuse to work for something or someone whose activities do not meet our criteria (e.g., promoting discrimination, racism, pornography, defamation, or any crime, in which case we will inform the corresponding authorities).
The small print
No need for small print.
We both agree that we’ll adhere to all relevant laws and regulations regarding our activities under this purchase agreement and not cause the other to breach any relevant laws or regulations.
This purchase agreement remains in place and needs not be renewed. If, for some reason, one part of this agreement becomes invalid or unenforceable, the remaining parts remain in place.
Although the language is simple, the intentions are serious, and this purchase agreement is a legal document under the exclusive jurisdiction of the courts of the United States of America.
Contact us
If you have any questions about this purchase agreement, please contact us at www.websitemas.com/en/contact.
Source idea for this service agreement: Stuff & Nonsense