CONTRACT SERVICES AGREEMENT 11503 Jones Maltsberger Suite 1154 San Antonio, Texas 78216 Date: _________________ Between Evolve Business Services and __________________ __________________ is hiring Evolve Business Services located at 11503 Jones Maltsberger Suite 1154, San Antonio, Texas 78216 to create the project outlined in the Attached Proposal for the monthly retainer price of $ __________ / month for _____ months as outlined in the attached correspondence. What do both parties agree to do? As our Client, you have the power and ability to enter into this contract on behalf of your company or organization. __________________ agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. Any images and text you provide us with, you are ensuring us that you have the rights to use them and cannot hold EVOLVE responsible for any copyrighted materials _____ Initials __________________ agree to review our work, provide feedback and sign-off approval in a timely manner. Correspondence is crucial to projects being completed in a timely manner. Client is responsible to to respond to communications sent to them (Text, phone, email, etc…) within 48 hours. This ensures projects and tasks remain on schedule. If client responds later, then Client understands that it may delay Evolve’s time to complete tasks by at least the same amount of time response was given. Evolve Business Services WILL NOT be held responsible for delays in this event._____ Initials __________________ understands that Evolve Business Services should NOT be contacted first if your website ever goes down or crashes. That is typically a server error and we are in no way affiliated with your host/server, nor can we be held responsible for any server disruptions. ______ Initials REVISIONS/MAINTENANCE Evolve Business Services wants you to be satisfied with your website. We understand that after a launch a few tweaks or touch-ups may be necessary, and we are happy to accommodate. We offer ONE MONTH OF FREE WEB MAINTENANCE just for this. ________ Initials We consider normal web maintenance as follows: • • • • • • Text corrections/revisions: Typically a sentence or two long. Additional Text: Typically amounting to 1- 3 paragraphs inserted anywhere in the website. Removing or adding an image. Removing or adding a video link. Linking a social media site. Adding an email/linking an email We are happy to do this, and in most instances all this has a 24 hour, or less turnaround time. For substantial changes after client has approved the site an hourly rate of $120 will be assessed. Examples of this are: Page 1 of 3 Evolve Business Services © 2018 • • • • Site changes amounting to more a 20% change to any page of the website: this include a new layout, substantial graphics, etc… Adding of additional web pages. Addition of E-commerce. Major design changes. ___________________ will approve through email that they approve of final website before launch or graphic project EVOLVE has the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. _____ Initials EVOLVE will endeavor to meet all the deadlines set. However we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. _____ Initials EVOLVE will maintain the confidentiality of all information that you give us. _____ Initials DESIGN EVOLVE will create designs for the look-and-feel, layout of the outlined project based on the questions answered during the Creative Brief. The estimate/quotation prices at the beginning of this document are based on the number of days that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If project is not outlined in the Attached Proposal, a separate contract will be required. INDEMNIFICATION Evolve’s Indemnity. In performing services under this Agreement, Evolve agrees not to design, develop, or provide to Customer, any items that infringe one or more patents, copyrights, trademarks or other intellectual property rights (including trade secrets), privacy, or other rights of any person or entity. If Evolve becomes aware of any such possible infringement in the course of performing any work hereunder, Evolve shall immediately notify Customer in writing. Evolve agrees to indemnify, defend, and hold Customer, its officers, directors, members, employees, representatives, agents, and the like harmless for any such alleged or actual infringement and for any liability, debt, or other obligation arising out of or as a result of or relating to (a) the Agreement, (b) the performance of the Agreement, or (c) the Deliverables, other than Customer’s responsibilities and Customer Content. This indemnification shall include attorney’s fees and expenses, unless Evolve defends against the allegations using counsel reasonably acceptable to Customer. Evolve’s total liability under this Agreement shall not exceed the amount of the Development Fee derived by Evolve under this Agreement. ________ Initials COPYRIGHTS __________________ guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the designs or web site are either owned by your good selfs, or that you have permission to use them. _____ Initials When we receive your final payment, copyright is automatically assigned as follows: You own the graphics and other visual elements that we create for you for this project. All source files will be in the content management system. Reservation of Rights. All rights not expressly granted hereunder are reserved to EVOLVE, including but not limited to all rights in sketches, comps, or other preliminary materials. We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about advertising or web design. PAYMENTS: A $50 fee will be charged for any checks that don’t clear. Page 2 of 3 Evolve Business Services © 2018 INDIVIDUAL PROJECTS: The deposit in the amount of $ _________ is due in order to initiate the project. Once the design has been approved and signed off on, then the remainder amount of $ ___________ is due. Since deposits initiate work, they are non-refundable. If contract is chosen to be discontinued by client, only the final payment is discontinued and no print-ready files will be exchanged. WEBSITE PROJECTS: The deposit in the amount of $ _________ is due in order to initiate the project. Upon completion of website and approval from Client, Client has 48 hours to remit final payment of $ _________to us. Delayed, missed, or returned payments will be handled as follows: 72 Hours Late: Email and text correspondence reminding of payment 5 days Late: A late fee of $250 will be assessed 7 days Late: The website will be removed from online servers, and a late fee of $100 per week that payment is missed will be assessed. RETAINER BASIS: Monthly retainer amount of $ _______ is due on the _____ of every month. A 30 day written notice is required to end a retainer basis contract. Delayed, missed, or returned payments will be handled as follows: 72 Hours Late: Email and text correspondence reminding of payment 5 days Late: A late fee of $250 will be assessed 7 days Late: All work and progression will cease until payment is made and $20 a day added to each day on top of the $250 late fee. Communication: Evolve Business Services is available to take your phone calls, text messages and emails as follows: Mon-Fri: 9AM to 6PM We do offer after hours and emergency web maintenance at an hourly billable rate of $120 an hour. After Hours are considered: Mon-Fri 7pm- Onward and Saturday-Sunday AMENDMENTS. This Agreement may not be modified or changed except by an instrument or instruments in writing signed by __________________ and EVOLVE. TERMINATION. This Agreement may be terminated by either party upon written notice to the other, if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice. This Agreement may be terminated by Evolve (i) immediately if Customer fails to pay any fees hereunder; or (ii) if Customer fails to cooperate with Evolve or hinders Evolve’s ability to perform the Services hereunder. No refunds will be remitted in this case and billable hours will be assessed based on work done up to the day of termination for breach of material obligation. _______ Initials ASSIGNMENT: Obligations of the parties in this Agreement shall not transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. GOVERNING LAW. This Agreement shall be construed as to both validity and performance and enforced in accordance with and governed by the laws of Texas. Signed by and on behalf of Evolve Business Services Signed by and on behalf of __________________ _______________________________________________________________________ Signature Signature _______________________________________________________________________ Print Name ________________________ Date Page 3 of 3 Print Name __________________________ Date Evolve Business Services © 2018