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This Contract for Website Development is made effective as of the date of signing by and between You or your party and BrandSquire, LLC.

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 (first year free) if not already purchased by your party
• Website files hosting (first year free) if no hosting control panel information can be provided by your party
• Email hosting and services (first email free)
• Included, complimentary website graphics
• Stock imagery for website graphics,
• SSL Certificate
• Website Backup services
• Website restore services
• Hacking monitoring
• Malicious hacker files removal

following appropriate payment / down payment.

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.
to Brand Squire, LLC.
Your party agrees to pay Brand Squire as follows:
Predetermined down payment ranging from 50% to 75%, or full payment if consenting, to begin the project. Full balance required upon final approval of the files sent.

If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 12 percent per year. or the maximum percentage allowed under applicable laws. whichever is less. you shall pay all costs of collection, including, without limitation, reasonable attorney fees.

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 Contract.
and may cancel this Contract and/or seek legal remedies.

Down payments are non-refundable. Payments processed during the active timeframe of the project are non-refundable.

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 Contract Change form.

TERM:
This Contract will terminate and fulfill automatically upon completion by Brand Squire of the Services, and completion of dues by your party, as required by this Contract.

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.
In some cases, the type of website and services offered will mean that at the time of cancellation of services with Brand Squire, the website will not be the property of your party.

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 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.

If at the beginning of the website development project, your party has no hosting account, domain name, or social website associated with your party’s website development subject, based on the features included in your project, the 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 policy. Access to website files in some specific cases will not be provided despite request.

CONFIDENTIALITY:
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. This provision will continue to be effective afler the termination of this Contract.

WARRANTY:
Brand Squire shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in BrandSquire’s community and region, and will provide a standard of care equal to. or superior to. care used by graphic designers similar to BrandSquire on similar projects.

DEFAULT:
The occurrence of any of the following shall constitute a material default under this Contract:

a. 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 Contract.

REMEDIES:
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 Contract (including without limitation the failure to make a monetary payment when due). the other party may terminate the Contract 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 Contract.

FORCE MAJEURE:
If performance of this Contract or any obligation under this Contract 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, lock-outs, 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.

DISPUTE RESOLUTION:
The parties will attempt to resolve any dispute arising out of or relating to this Contract 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 Contract 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.

ENTIRE AGREEMENT:
This Contract 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 Contract. This Contract supersedes any prior written or oral agreements between the parties.

SEVERABILITY:
If any provision of this Contract 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 Contract 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.

AMENDMENT:
This Contract may be modified or amended in writing if the writing is signed by the party obligated under the amendment.

GOVERNING LAW:
This Contract shall be construed in accordance with the laws of the State of California.

NOTICE:
Any notice or communication required or permitted under this Contract 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 CONTRACTUAL RIGHT:
The failure of either party to enforce any provision of this Contract 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 Contract.

ASSIGNMENT:
Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.

SIGNATORIES:
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.