# Website Design & Development Agreement **Effective Date:** {{AGREEMENT_DATE}} --- ## 1. Parties **Designer** Jaime Aleman, **915website LLC**, a Texas single-member limited liability company ("Designer") (915) 247-2672 · me@915website.com · El Paso, Texas **Client** {{CLIENT_BUSINESS_NAME}} ("Client") Contact: {{CLIENT_CONTACT_NAME}}, {{CLIENT_TITLE}} {{CLIENT_ADDRESS}} {{CLIENT_PHONE}} · {{CLIENT_EMAIL}} **Project:** {{PROJECT_NAME}} Designer and Client are each a "party" and together the "parties." --- ## 2. Scope & Deliverables **Package:** {{PACKAGE_NAME}} — {{TOTAL_PRICE}} ### 2.1 Pages in scope This project covers **{{PAGE_COUNT}}** pages: {{PAGE_LIST}} ### 2.2 Included in every project - Custom design — no templates - Mobile-responsive layout - SEO-optimized page structure - Contact form with spam protection - Speed optimization - Modern hosting setup on Cloudflare's infrastructure - 30 days of post-launch support (Section 7) ### 2.3 Additional deliverables for this project {{ADDITIONAL_DELIVERABLES}} ### 2.4 Not included The following are outside this agreement and require a written change order under Section 6: - Copywriting, content strategy, and translation - Photography, videography, and logo or brand identity design - E-commerce, booking systems, user accounts, or databases — unless listed in 2.3 - Third-party integrations not listed in 2.3 - Paid advertising, ad management, or ongoing SEO campaigns - Domain registration fees and third-party subscription costs - Website maintenance after the 30-day support period (see Section 7) Anything not listed in 2.1 through 2.3 is out of scope. --- ## 3. Timeline & Client Responsibilities ### 3.1 Delivery window Designer will deliver the first complete draft within **{{DELIVERY_WINDOW}}** of the Content Start Date. The **Content Start Date** is the date on which *both* of the following have occurred: (a) Designer has received all materials listed in 3.2, and (b) the deposit under Section 5 has cleared. Target launch: {{TARGET_LAUNCH}} ### 3.2 Materials due within 10 business days Within **10 business days** of signing, Client will provide: - All text and copy for the pages in scope - Photos, images, and logo files - Brand assets and any color, font, or style requirements - Access credentials as needed: domain registrar, current website host, analytics, Google Business Profile - A single named point of contact authorized to approve work ### 3.3 Late materials extend the timeline If materials arrive after the 10-business-day window, the delivery date moves **day for day**. There is no penalty for being late — the schedule simply shifts by the same number of days. ### 3.4 Review turnaround Client will review and respond to each draft within **5 business days**. If Client does not respond within **14 calendar days** of delivery, that draft is treated as approved and the project advances to the next milestone. ### 3.5 Parked projects If Client has not provided required materials or responded to Designer for **30 consecutive calendar days**, Designer may park the project and reassign the reserved schedule. If a project is parked: - The deposit is **non-refundable** — it covers work performed and schedule held - Any work completed to that point remains on the staging URL - Client may restart at any time; a restarted project receives a new timeline and may be re-quoted at Designer's then-current rates --- ## 4. Domain, DNS & Migration ### 4.1 DNS control To build, stage, and launch the site, Designer requires DNS control for the domain. This is arranged in one of three ways: **(a) Nameserver delegation — preferred.** The domain stays with Client's current registrar. Client updates the domain's nameservers to point to Cloudflare. There is no cost, no transfer, and no change to Client's ownership or renewal arrangement. **(b) Registrar transfer to Cloudflare.** The domain moves to Cloudflare Registrar, which sells and renews at wholesale cost with WHOIS privacy included at no charge. This typically reduces the annual renewal cost. It requires Client to unlock the domain at the current registrar and provide an authorization code. **(c) Client-managed DNS.** Client retains DNS control and adds the records Designer specifies within 2 business days of each request. This option is available, but each request is subject to the day-for-day extension in Section 3.3. Arrangement selected for this project: **{{DNS_ARRANGEMENT}}** ### 4.2 Subdomains Every website Designer manages uses two addresses: - `example.com` — the live production site - `dev.example.com` — a private staging site used for development and review Websites that include a content management system also use `admin.example.com`. These are created and maintained at no additional cost under whichever arrangement is selected in 4.1. ### 4.3 Email continuity **If the domain currently handles email — Google Workspace, Microsoft 365, or any other provider — Client must tell Designer before any nameserver change is made.** Designer will recreate the existing MX, SPF, DKIM, and DMARC records so that mail continues to flow without interruption. Client is responsible for identifying every service that depends on the domain's DNS, including email, and for telling Designer about it in advance. ### 4.4 Platform migration is included Migrating Client's existing website from its current platform — Shopify, Wix, Squarespace, WordPress, GoDaddy Website Builder, or similar — is **included in the project price at no additional charge**. This covers content transfer, DNS reconfiguration, and coordination with the outgoing provider. ### 4.5 Third-party delay Some platforms and registrars restrict or slow domain transfers. Some route registrations through intermediate registrars that will not transfer directly to a chosen destination registrar. Delays of this kind are common and are not caused by either party. **A delay caused by a third-party registrar, platform, or DNS provider is outside Designer's control and is not a breach by either party.** No penalty applies to Client. Such a delay extends the delivery timeline day for day. During any such delay, Designer will continue all work that does not depend on the domain, and the completed site remains available for review at the staging address in Section 5.3. ### 4.6 Domains registered by Designer If Designer registers a domain on Client's behalf, the registration fee is billed to Client at cost. **A domain registered by Designer for Client is Client's property.** Designer will transfer it to an account Client controls at any time upon written request, and in any event upon written request following final payment or termination of this agreement. Section 8.1 applies to that domain in full. --- ## 5. Price & Payment ### 5.1 Project fee | Payment | Amount | Due | |---|---|---| | Deposit (50%) | {{DEPOSIT_AMOUNT}} | On signing, before work begins | | Balance (50%) | {{BALANCE_AMOUNT}} | Before go-live | | **Total** | **{{TOTAL_PRICE}}** | | This is a **flat, fixed price** — not an estimate and not an hourly engagement. It changes only through a written change order that Client approves in advance under Section 6. ### 5.2 Payment methods Credit or debit card via a secure Stripe link, cash, or personal/business check made payable to **Jaime Aleman**. ### 5.3 Staging and go-live Designer performs all work on a private staging address: **{{DEMO_URL}}** The site remains at that address until the balance clears. Once it clears, Designer publishes to **{{FINAL_DOMAIN}}** — normally the same business day, and in no case later than 2 business days. ### 5.4 Late payment Invoices are due on receipt. An invoice **15 or more days overdue** accrues interest at **1.5% per month** (18% per year) on the outstanding balance, or the maximum rate permitted by Texas law, whichever is less. While an invoice is 15 or more days overdue, Designer may pause work until the balance is cleared. Time paused extends the delivery timeline day for day. ### 5.5 Monthly Care Plan Care Plan for this project: **{{CARE_PLAN_STATUS}}** The Monthly Care Plan is **{{CARE_PLAN_RATE}} per month**, billed separately under its own agreement. It is optional, is not a condition of this agreement, and begins after the 30-day post-launch support period in Section 7 ends. Client may cancel it under the terms of that separate agreement without affecting ownership of the website. --- ## 6. Revisions & Change Orders ### 6.1 How to request changes **All change requests must be sent by email to me@915website.com.** Email gives both parties a written record, keeps every request in one place, and is what a change order under 6.6 requires. Text messages are welcome for scheduling and quick day-to-day updates. They are not a channel for change requests — a request sent only by text may be missed, and is not tracked. ### 6.2 Revisions included at no charge Each milestone has a **14-day revision window**, beginning the day Designer delivers it. The milestones are: 1. **Design concept** — the visual direction, before the site is built 2. **Built site** — the working site on the staging URL, before launch Within that window there is **no limit on the number of revisions or rounds.** Revisions of the following kinds are included at no additional charge: - Copy edits and text corrections - Image swaps and replacements - Color, spacing, and typography adjustments - Layout adjustments within the approved page structure ### 6.3 Small requests are always free At any time — inside a revision window or outside one — **any request Designer estimates at 30 minutes or less is completed at no charge**, and requires no change order. Designer estimates each request as a whole, not item by item. A single email containing several small items is one request, estimated together. ### 6.4 What requires a change order - Work Designer estimates at more than 30 minutes, requested outside a revision window - Pages beyond the {{PAGE_COUNT}} listed in Section 2.1 - Features, functionality, or integrations not listed in Section 2.3 - A new design direction after the design concept has been approved - Content rewriting or restructuring beyond the edits described in 6.2 ### 6.5 Change order pricing | Work | Price | |---|---| | Additional page, matching the existing style and structure of the site | **$100.00 per page** | | Work that is genuinely custom | **$50.00 per hour**, in 15-minute increments after the first hour | ### 6.6 How change orders work Before performing any work described in 6.4, Designer sends Client a written change order by email stating the work to be done, the price, and the effect on the delivery date. **No such work begins, and nothing is billed for it, until Client approves the change order by email.** **Client will never receive an invoice for work Client did not approve in advance.** ### 6.7 When change order work is billed Change order work approved **before launch** is added to the final balance due before go-live under Section 5.1. It does not require a separate payment during the project. Change order work approved **after launch** is invoiced on completion, due on receipt. --- ## 7. Launch & 30-Day Post-Launch Support For **30 calendar days** following launch, the following are included at **no additional charge**: - Bug fixes and anything not working as intended - Minor text and image corrections - Adjustments to delivered features - Browser and device display issues Not included in post-launch support: new pages, new features, or a new design direction. Those are change orders under Section 6. After the 30-day period, Client may continue with the **Monthly Care Plan at {{CARE_PLAN_RATE}} per month**, or request work as needed at **$50.00 per hour** with written approval in advance. --- ## 8. Intellectual Property & Ownership ### 8.1 Client's domain — owned by Client at all times Client owns Client's domain name at all times: before, during, and after this project, and regardless of payment status or how this agreement ends. **Designer will never hold a domain name as security for payment.** If Client asks Designer to move or release a domain, Designer will do so promptly. ### 8.2 Client's content Client retains full ownership of all content Client provides — text, images, logo, and other materials. Client grants Designer a license to use that content for the purpose of building, hosting, and displaying the website. ### 8.3 Transfer of ownership on final payment **Upon Designer's receipt of final payment in full, Designer assigns to Client all right, title, and interest in the final deliverables** — the design, page templates, custom code, and any images or graphics Designer created for this project. From that point Client owns the website outright. Specifically: - There is **no ongoing license fee** and **no royalty** - There is **no fee to move the site** to another host or another developer - There is **no fee to obtain the files** — Designer will deliver them in a portable format within 5 business days of a written request - Client may modify, rebuild, or replace the site freely, with or without Designer ### 8.4 Before final payment Until final payment is received, Designer retains ownership of the deliverables and the site remains at the staging address in Section 5.3. This is Designer's **only** security for payment. It does not affect Client's domain (7.1) or Client's own content (7.2), both of which remain Client's throughout. ### 8.5 Third-party components Open-source frameworks, fonts, stock imagery, and similar third-party components remain subject to their own licenses. Those licenses pass through to Client; Designer neither owns nor assigns them. Any paid third-party license required by this project is Client's responsibility and is identified in Section 2.3. ### 8.6 Designer's general tools and know-how Designer retains ownership of general skills, techniques, and any reusable components or libraries Designer developed before this project or independently of it. Client receives a perpetual, worldwide, royalty-free license to use those components as they are embedded in the deliverables. This does not limit Client's ownership of the finished website under 8.3. ### 8.7 Portfolio rights Designer may display the completed work as a portfolio sample — on 915website.com, in case studies, on social media, and in proposals to other prospective clients. This may include screenshots, a link to the live site, and Client's business name. Client may withdraw this permission at any time by written request, and Designer will remove the work from public display within 10 business days. --- ## 9. Termination ### 9.1 Termination by Client Client may terminate this agreement at any time with written notice. - The deposit is non-refundable - Work performed beyond the value of the deposit is billed at $50.00 per hour - Once all outstanding amounts are paid, Section 8.3 applies and Client receives ownership of the work completed to that point - If no amounts are outstanding beyond the deposit, Client receives the work completed to that point ### 9.2 Termination by Designer Designer may terminate this agreement with written notice if Client materially breaches it, including: - An invoice 30 or more days overdue - A project parked 30 or more days under Section 3.5 - A request that Designer do something unlawful, or that would infringe another party's rights If Designer terminates for any reason other than Client's breach, Designer refunds any prepaid amounts for work not yet performed. ### 9.3 Survival Sections 8 (Intellectual Property & Ownership), 10 (Limitation of Liability), 11 (Confidentiality), and 12 (Governing Law) survive termination of this agreement. ### 9.4 No additional kill fee Beyond the amounts described in this section, neither party owes the other a termination or cancellation penalty. --- ## 10. Limitation of Liability Designer's total liability under this agreement is limited to the total amount of fees Client has paid under it. Designer is not liable for indirect, incidental, special, or consequential damages, including lost revenue, lost profits, or business interruption. Designer is not responsible for outages or failures of third-party services outside Designer's reasonable control, including hosting providers, DNS, domain registrars, email providers, and third-party APIs. Client is responsible for the accuracy and legality of all content Client provides, and warrants that Client holds the rights necessary to use it. --- ## 11. Confidentiality Each party agrees to keep confidential any proprietary or sensitive business information the other shares during this engagement, and not to disclose it to third parties without written consent. This does not apply to information that is publicly available, that a party already knew, or that a party develops independently. It does not restrict Designer's portfolio rights under Section 8.7. --- ## 12. Governing Law & Venue This agreement is governed by the laws of the **State of Texas**, without regard to its conflict-of-laws rules. Venue for any dispute lies exclusively in **El Paso County, Texas**. Before either party files suit, both agree to attempt to resolve the dispute first through good-faith discussion, and then through mediation in El Paso County. --- ## 13. Entire Agreement This document is the complete agreement between the parties for this project. It supersedes all prior proposals, discussions, and verbal agreements. Amendments must be in writing and signed by both parties. Change orders approved in writing under Section 6 are valid amendments without a separate signed document. If any provision is found unenforceable, the remainder stays in effect. Electronic signatures, and scanned or PDF copies of signatures, have the same effect as originals. --- ## Signatures By signing below, both parties agree to the terms of this agreement.   **Client** Signature: _________________________________________    Date: _______________ Printed Name: _________________________________________ Title: _________________________________________ Business Name: {{CLIENT_BUSINESS_NAME}} Phone: _____________________________    Email: _____________________________   **Designer** Signature: _________________________________________    Date: _______________ Printed Name: Jaime Aleman Business: 915website LLC    Phone: (915) 247-2672    Email: me@915website.com --- *Questions? Call or text (915) 247-2672 · me@915website.com*