In the event that you, the client, engage The Adora Company (AKA Adora Creative) in web or technology development services the following Terms of Service Agreement applies

The Adora Company
Terms of Service Agreement

This website development services agreement is intended as a legally binding agreement between The Adora Company (Developer) and you as the website development client (Client) identified and listed in the submission form attached to this agreement and as listed on the payment processed after the acceptance of this agreement. The Developer and the Client are collectively known as the “Parties”.

Client has agreed to allow the above developer to create, develop, test, and host a website according to the above-mentioned scope of work.

Developer is interested in undertaking such work; and Client and developer mutually desire to set and agree to the following terms and conditions as listed.

Scope of Work

The specific deliverables and project requirements shall be governed by the Scope of Work document which shall be reviewed and approved by the Parties as a document separate from this website development services agreement.

Developer Requirements

Client hereby retains the services of Developer to design, develop and host a website and Necessary additional items as listed in accordance with the proposed scope of work submitted by Developer to Client.

Changes to this Agreement, Scope of Work, or to any deliverables in this contract must be submitted in writing and approved by both parties prior to taking place.

Developer agrees to notify company if any risks or schedule delays may take place affecting delivery dates and presentation of the final website.

Developer agrees to present said website for final approval and acceptance by Client as outline through the timeline and milestones in the Scope of Work document.

Web Hosting

Developer shall provide website hosting services for the Client’s website during development, once complete hosting will be the responsibility of the Client unless otherwise agreed upon. All hosting shall be a shared hosting environment with a minimum of 99.9% server uptime.

Developer is in agreement to maintain a copy of the client’s website on an offline server as a backup to the live site for a period of 120 days unless a maintenance agreement is in place.

Design

Developer agrees to attain design approval from the Client prior to beginning development by submitting detailed design mockups for Client review. The client will have one review cycle (Draft > review > modification request > update > final approval) unless additional review cycles are approved or paid for as an additional fee.

Client’s website will not include any of the following unless previously agreed upon between both parties.

  1. Any destructive, crude, insulting, harassing, violent, sexual, or any other inappropriate
  2. Any and invisible fields or pages.

All materials to be supplied by client must be provided with compatible file types and sizes.

Access

Until final approval, no portions of above site will be made available to end users without the correct password and username combination.

Upon completion and approval of its final Website, or upon termination of this Agreement, whichever occurs earlier, the Developer shall deliver any and all materials developed in the course of its performance under this Agreement and any other items deemed necessary for the operation of the website.

Any and all proprietary or custom code developed or created by the Developer in the performance of this agreement shall remain the sole property of the Developer with an unlimited license for use granted to the Client.

Documentation shall be delivered in either printed or electronic format as agreed upon by both parties. If code is delivered in electronic format, any and all files shall be provided in compatible file formats.

The Developer agrees they shall maintain website back-ups and one set of the final materials provided for a term up to 120 days.

If this Agreement is terminated prematurely or after the agreed backup term, Developer will destroy any and all copies, files, and documents related to this website development services agreement.

Pricing

This website development services agreement carries with it a mandatory upfront payment that will be required before the Scope or Work is completed. The Developer shall then deliver a payment schedule along with the Scope of Work which details all hours and additional costs that the Client is responsible for. Client agrees to pay final invoice upon receipt.

Termination

Client may terminate this website development services agreement at any time by providing written notice via email or certified mail to the Developer.

Developer may cancel this agreement in the same manner if necessary.

In the event that this website development services agreement is cancelled by either party, the Developer shall issue a final invoice for any unbilled time or materials. The Client agrees to pay the final invoice according to the terms of this website development services agreement and as outlined in the Scope of Work.

Conflict Resolution

This website development services agreement shall be governed by the prevailing laws of the state of Delaware, United States of America. Should any conflicts arise related to this agreement, the Parties agree to seek a suitable resolution through a neutral arbitrator, whose ruling shall be considered final and binding on both parties.

Acceptance

By making the mandatory up-front payment and indicating your acceptance on the signup form attached to this agreement you are indicating that you accept that terms of this agreement.