Monthly Plan Agreement
Please scroll to the bottom and read completely before signing.
This Contract for Website Development is made effective as of the date of signing by and between You or your party and THIERCAE LLC, DBA
(“BrandSquire”) of Hawthorne, California, 90250.
Whereas Brand Squire is engaged in the business of providing services relating to website development and whereas you are interested in availing such service of Brand Squire.
In furtherance to the above, your party hereby agrees to and does hereby engage the services of Brand Squire. and Brand Squire hereby accepts the engagement to conduct website development and to do the work hereinaﬂer specified by you in connection with the project.
DESCRIPTION OF SERVICES:
Beginning on the date of signing, Brand Squire will be scheduled to provide to you the following website development services (collectively, the “Services”, and only if mentioned in the form of a documented email, message or recorded call as part of provided services):
- Website development
- Business website software and features
- Domain name registration
- Website files hosting
- Email hosting and services
- SSL Certificate
- Website Backup services
- Website restore services
- Hacking monitoring
- Malicious hacker files removal…
…following appropriate payment / down payment.
Payment shall be made through any of the following methods:
– Online payment using the payment gateway provided by our Quickpay platform,
– Secure over the phone payment transaction with a legitimate Brand Squire agent, through a phone call, using the official Brand Squire telephone number.
Your party agrees to pay Brand Squire as follows:
Monthly payment at the beginning of the month, between the 1st and the 3rd of the month, in the amount described in the details of the plan selected.
If any invoice is not paid when due, services provided by Brand Squire will be terminated, and all hosted files or stored design files may be deleted or used for promotion or advertising purposes.
Failure to complete payment following rendition of services as listed above, and to the capacity stated via documented, agreed upon email package quote, might result in cancellation of any or all of the ongoing services offered. This includes retaining any or all of the website content or services provided.
In addition to any other right or remedy provided by law, if your party fails to pay for the Services when due. Brand Squire has the option to treat such failure to pay as a material breach of this Agreement and may cancel this Agreement and/or seek legal remedies.
Down payments are non-refundable. Payments processed during the active timeframe of the project are non-refundable. Initial down payment for the project are refundable only during the time window stated in the plan details.
ADDITIONAL EDITING AND CHANGES:
Any requested changes to the description of services stated above shall constitute additional editing and may incur additional charges or fees as deemed necessary by Brand Squire. All additional changes must be submitted and approved by both parties in writing by an approved Agreement Change form.
This Agreement will terminate and fulfill automatically upon completion by Brand Squire of the Services, and completion of dues by your party, as required by this Agreement.
WORK PRODUCT OWNERSHIP:
Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by Brand Squire in connection with the Services will be the exclusive property of your party. Upon request. Brand Squire will execute all documents necessary to confirm or perfect the exclusive ownership of you to the Work Product.
This excludes all provided website development software on the website or not on the website at the time. All software and services are the exclusive property and at the management of Brand Squire.
Until the preliminary period of 90 business days, the website and mobile App development files cannot be released from our servers in the case of abrupt termination of services from the end of your party.
If the website and app being developed necessit the use of software exceeding the total dollar amount paid during the course of the development by over $1000, then a maximum of $1000 as a payment will be required to release the website and / or app development files to your party, in case of termination of services.
REPRODUCTION OF PRODUCT:
Upon successful completion of all compensation terms and outstanding balances owed to Brand Squire, Service Recipient is granted full and unlimited reproduction rights to the Project.
Brand Squire retains the right to reproduce the Project in any form for marketing, future publications, competitions or other promotional uses. Brand Squire shall at no time reproduce any patented element of the Project for use in commercial means or for-profit use.
HANDLING CREDENTIALS AND NEEDED ACCESS:
During the time of the project, if available, all needed account login credentials, given their association with the project will be required of Brand Squire to ensure smooth project progress. This will include, but is not limited to:
- Current hosting account login credentials
- Current website backend login credentials
- Social website login credentials
Any needed credentials, access points, or sensitive information will at no time be disclosed to any outside party or used for any other reason than to procure the services listed in this contract.
Your website development will be hosted at Brand Squire’s hosting location. In this case, your party may request access to website files and folders, as the website will be hosted by us, including associated services provided. Requesting access to your party’s website folders and/or files will void our website hacking protection warrantee.
Brand Squire and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Brand Squire, or divulge, disclose, or communicate in any manner, any information that is proprietary to you.
Brand Squire and its employees, agents, and representatives will protect such information and treat it as strictly confidential.
Brand Squire shall provide standard protection and care for your website’s security. In case of a hacking incident, Brand Squire shall render all help necessary to help restore your website back to the latest functional and safe version.
The occurrence of any of the following shall constitute a material default under this Agreement:
- The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this Agreement.
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due). the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have ten days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.
If performance of this Agreement or any obligation under this Agreement is
prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”). and if the party unable to carry out its obligations gives the other party prompt written notice of such event. then the obligations of the party invoking this provision shall be suspended to the extent necessary for such event. The term Force Majeure shall include. without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrences. orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lockouts, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed. omitted. or caused by such party, or its employees, officers, agents, or affiliates.
The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
This Agreement contains the entire agreement of the parties. and there
are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written. construed, and enforced as so limited.
This Agreement may be modified or amended in writing if the writing is signed by the party obligated under the amendment.
This Agreement shall be construed in accordance with the laws of the State of California.
Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail. return receipt requested. to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF AGREEMENTUAL RIGHT:
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Neither party may assign or transfer this Agreement without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
This Agreement shall be signed on behalf of you or your party and on behalf of Brand Squire. Upon signing this Contract, a copy will automatically be sent your email, and to our email; effective as of the date first above written.