This Website Design and Development Agreement is made between You and Zenesa Digital located at 3720 Southwest Fwy Houston, TX 77098, Zenesa Digital. This Agreement governs the terms and conditions under which the Agency shall provide website design and development services to the Client. By accepting this Agreement, the Client agrees to the terms stated herein.
The agency agrees to provide website design and development (E-commerce/Informative/Online Store) services as specified in the agreed-upon proposal or statement of work ("SOW"). The services provided are strictly for design and development purposes and do not include ongoing maintenance, hosting, domain registration, SSL certificates, or any other services unless explicitly stated in the SOW.
The agency will deliver the final website design files and any other specified deliverables in the formats agreed upon in the SOW. Ownership of the final deliverables shall be transferred to the Client upon receipt of full payment.
• Client agrees to pay the total fee for the services as outlined in the SOW. • A deposit of 40%, 50% is due upon acceptance of this Agreement. • The remaining balance will be due upon project completion or as outlined in the payment schedule. • All payments are non-refundable unless otherwise stated in this Agreement.
• The Agreement includes 2 revisions as detailed in the SOW. Any additional revisions may incur additional fees. • Changes to the original scope of work, including but not limited to design modifications, new functionalities, or additional pages, may require a revised SOW and additional fees.
• Upon full payment, the Client will have full rights to use the final deliverables. The Agency retains the right to display the work in its portfolio or for marketing purposes. • Any third-party elements (e.g., stock images, fonts) incorporated into the design may be subject to their respective licensing terms, and the Client is responsible for ensuring proper usage.
The agency shall not be liable for any indirect, incidental, or consequential damages arising from the use or inability to use the website or its content. The Agency's total liability under this Agreement shall not exceed the total fees paid by the Client.
The agency warrants that all work will be carried out in a professional and workmanlike manner. However, the Agency does not guarantee specific results or the performance of the website, as factors outside its control may affect performance (e.g., third-party hosting, Domain services, Client content).
In the event of termination, the Client will be responsible for payment for all work completed up to the date of termination.
Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of this Agreement.
This Agreement shall be governed by and construed by the laws of the State of Texas, USA, without regard to its conflict of law principles.
This Agreement, including any SOWs and attachments, constitutes the entire agreement between the parties and supersedes any prior written or oral agreements.
In the event of a dispute, both parties agree to attempt resolution through mediation before pursuing legal action.
This Agreement shall be signed electronically, and such signatures shall be deemed valid and binding. By accepting this Agreement, the Client acknowledges that they have read, understood, and agree to be bound by the terms and conditions set forth herein.
