This Website Design Agreement ("Agreement") is entered into by and between:
Designer: Plenty Web Design (Curtis Rose), located in Weymouth, Massachusetts.
Client: As identified in the Project Initiation Form below.
1. Scope of Services: The "Plenty" Tier
The Designer agrees to provide the following professional-grade services:
- Custom Build: Bespoke architecture utilizing a modern tech stack (Next.js for frontend/backend mirroring and PostgreSQL for database management).
- Infrastructure & Deployment: Professional deployment via Railway.app with integration of Gmail App for automated transactional emails (order confirmations, shipping, etc.).
- Admin Control: A full-access Admin Portal featuring 1:1 mirroring, allowing the Client to edit all frontend content, images (with previews), and manage user/order data via a secure lock-icon entry point.
- Responsive Excellence: 100% visual and functional optimization for Apple/Android mobile devices and all major desktop browsers.
- SEO & Analytics: On-page optimization of meta tags and header structures for search visibility.
- Revisions: Includes two (2) rounds of minor revisions. Major pivots or structural changes after Phase 1 approval are billed at the Additional Work rate of $25/hour.
2. Client Delays & "Inactivity Fees"
To maintain the production schedule, timely Client participation is mandatory.
- The 14-Day Deadline: The Client must provide all requested assets (logos, text, images, credentials) within 14 calendar days of the Designer's request.
- Administrative Delay Fee: If the Client fails to meet this deadline, the project will be placed on "Administrative Hold." To resume the project, the Client must pay a $100.00 Restart Fee.
- Project Abandonment: If the Client remains unresponsive for more than 30 calendar days, the project is considered "Abandoned." The Designer shall retain all deposits, and the Agreement will terminate. Resuming an abandoned project requires a new Agreement and updated pricing.
3. Client Responsibilities
The Client is responsible for the accuracy, legality, and copyright clearance of all content provided. The Designer is not responsible for proofreading or legal vetting of Client-supplied copy.
4. Fees and Payment Terms
- Total Project Cost: As specified in the selected service tier.
- Non-Refundable Deposit: 50% is due upon signing. Work will not commence until this payment is cleared.
- Final Payment: 50% is due upon completion of the development phase and prior to the live launch or transfer of the custom domain.
- Late Payment "Stop-Work" Clause: Payments overdue by more than seven (7) days will result in an immediate "Stop-Work" order. All project milestones will be pushed back accordingly.
- Late Fees: Any payment not received within 15 days of the due date will incur a flat Late Fee of $100.00. An additional $100.00 will be added for every subsequent 15-day period the balance remains unpaid.
- Additional Work: Any requests outside the original Scope of Services will be billed at $25/hour, invoiced separately.
5. Intellectual Property & Branding
- License: Upon receipt of final payment, the Client is granted a perpetual, non-exclusive license to use the website.
- Ownership: The Designer retains all ownership rights to the underlying custom code, architecture, and proprietary logic developed.
- Attribution: A permanent, discreet link reading "Built by Plenty Web Design" (linking to www.PlentyWebDesign.com) will be placed in the website footer.
- Attribution Removal Fee (Breach): Removal or modification of the attribution link without the Designer's express written consent constitutes a material breach of this Agreement. In the event of such a breach, the Client agrees to pay a one-time Attribution Removal Fee of $500.00 as liquidated damages. Payment of this fee converts the license to a "White Label" license, allowing for the removal of the link.
- Portfolio: The Designer reserves the right to display the project in marketing materials and portfolios.
6. Limitation of Liability & Warranty
- Warranty: The Designer warrants the site will function as designed at the time of launch. This warranty expires 30 days after launch.
- Third-Party Exclusions: The Designer is not liable for service interruptions, data loss, or outages caused by third-party providers, including but not limited to Railway, Cloudinary, GitHub, or Domain Registrars.
- Max Liability: In no event shall the Designer's total liability exceed the total fees actually paid by the Client under this Agreement.
7. Governing Law & Venue
This Agreement is governed by the laws of the Commonwealth of Massachusetts. The Parties agree that any legal proceedings or mediation shall take place exclusively in Weymouth, MA.