Website Development and Content Services Agreement
- Services Overview: AAA Internet Brands, LLC (“Provider”) will deliver specific web development and content services for one (1) website/URL as detailed in the project proposal, including design, development, and content creation.
- Limitation of Responsibility:
- Content Liability: The Client assumes full responsibility for all content on the website, including compliance with laws, copyrights, and other regulations.
- Website Downtime: The Provider disclaims all liability for any downtime, data loss, or service interruptions, regardless of the cause.
- Use of Tools and AI: The Provider will use various tools and AI, but does not guarantee the accuracy, legality, or suitability of content generated by these technologies.
- Project Proposal: The project plan, including scope, services, and timelines, will be detailed in a separate proposal document and will form the basis of this agreement.
- Intellectual Property Rights:
- Ownership: Upon full payment and completion of the project, the Client obtains ownership of the final website product but not the underlying tools or software used.
- Third-Party Content: Any third-party content or tools used are subject to their respective licenses and the Client is responsible for adhering to those terms.
- Confidentiality: Confidential information exchanged during the project must remain confidential, except as required by law or in the case of defending against legal claims.
- Change Orders and Scope Creep:
- Approval and Additional Costs: Changes to the scope require written approval and may incur additional charges and extended timelines.
- Warranty and Corrections:
- Limited Warranty: The Provider offers a limited warranty for 3 months post-completion, covering only issues directly related to the Provider’s services.
- Exclusions: This warranty excludes issues arising from Client’s modifications, third-party interventions, or website-related problems.
- Indemnification: The Client agrees to indemnify and hold harmless the Provider from any claims, damages, or expenses arising from the Client’s use of the website or violations of this agreement.
- Disclaimers: The Provider is not liable for any indirect, special, or consequential damages arising from the use of the website or services provided.
- Compliance with Laws: The Provider is responsible for ensuring that its services comply with applicable laws but is not responsible for the Client’s use of the website in violation of any laws.
- Termination Clauses:
- Termination Rights and Obligations: Specific conditions under which either party may terminate the agreement and the obligations thereof, including any fees or notice periods required.
- Dispute Resolution and Governing Law: Any disputes will be subject to arbitration in accordance with New York law, and the parties agree to exclusive jurisdiction in New York.
- Acceptance Testing and Sign-off: The Client must complete acceptance testing within 2 weeks, after which the project is deemed accepted.
- Maintenance and Support Post-Completion: Details the terms of any optional maintenance or support services, which are not included in the initial project scope.
- Payment Terms and Conditions: Payment terms and conditions should be noted in the proposal.
Disclaimer of Warranty: Provider makes no warranties, express or implied, regarding the website development services provided to Client.
Limitation of Liability: In no event shall Provider be liable to Client for any indirect, special, incidental, or consequential damages, including, but not limited to, loss of business profits, business interruption, loss of data, or any other pecuniary loss arising from the use or inability to use the website services.
Maximum Liability: The maximum liability of Provider under this agreement shall not exceed the amount paid by the Client for the website services.
Governing Law: This contract shall be governed by and construed in accordance with the laws of the State of New York.