Overview

Thank you for choosing Media Matchstick! This agreement, and any/all documents herein, is a contract between you and me. I’ll go through a few terms and conditions beforehand. Once you’ve reviewed it, you can submit this form and a copy of the agreement will be send to the email address you specified for your records. After I have reviewed and approved this agreement and the information you provide about your project, I will send you an electronic copy of this contract or a Statement of Work reflecting the information in this contract with my signature and an invoice.

This contract is not valid or in force until you have paid the invoice that I will send you, and I have signed this document (or a Statement of Work) and sent a copy to you.

Please contact me if you have any questions about any item in this contract.

 

Authorization

You are engaging me, Antwuan Malone, dba Media Matchstick, a sole proprietor, as an independent contractor for the specific project of developing a website to be installed on Internet web space located on a website hosting service’s server. You authorize Antwuan Malone to publicize the completed website to Internet search engines, display the site on Media Matchstick’s online portfolio, and other Internet directories and indexes. By submitting this electronic document, you agree with MediaMatchstick as to the legitimacy of this contract.

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What is Included in this Project

  • A website built and designed with the latest version of WordPress.
  • Placement of your existing logo, provided by you. The logo may be reformatted and optimized for website usage.
  • Adding and formating content (text, photos, graphics, links, files, initial blog posts, etc.) provided by you.
  • Creating and arranging pages and menus based on the sitemap you provide with this form.
  • Adding additional users as needed with applicable “permission” settings to insert and/or modify website content.

 

What is NOT Included in this Project

  • Exclusive rights to the design template that you select.
  • Any graphic design or images (unless specified).
  • Ownership of this website (if hosting is purchased through MediaMatchstick)

 

What is Included in Managed Hosting & Support

  • Critical software updates for WordPress, plugins, themes, etc.
  • Daily and weekly backups of your website
  • 5 GB of premium server space for WordPress and your content
  • Minor site changes and corrective support issues. [support does not cover major services or site redesigns]

Additional space and/or bandwidth can be purchased depending on your needs.

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Starting, Scheduling, and Completion Provisions

Starting

All work and services provided by Media Matchstick will begin after you have completed these three steps:

  1. You complete and submit this contract.
  2. You pay the set-up fee invoice in full. An invoice will be sent to you upon my approval of this contract.
  3. You send me all of your website content to me. (I will create a Dropbox folder for this project to make it easy for you to do this.)

Scheduling

I will add you to my project schedule and let you know when I will begin working on your website. I will provide you with a date for the project to be finished.

Completion

If you have opted for Managed Hosting & Support by Media Matchstick, I will build your website on my development server. When your website is complete we will review and approve your new website. I will then send you an invoice for the managed hosting, and once it is paid, I will move the website to its final location.

If you have not purchased managed hosting & support, I will build your site on your host server or my development server. Once you have reviewed and approved the site.

You will have access to the WordPress admin so that you can begin managing your content and using your website.

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Content and Permission

Content

You are responsible for supplying me with all the content to be included in your website. Content includes complete text, graphics, and/or any other necessary items that are not developed by me for the website.

Please send your finalized copy (text) in electronic format. Time required to make substantive changes to the content or format of client-submitted text after the website has been constructed may be considered additional time and invoiced at my current hourly rate as posted on my website.

I reserve the right to edit any copy (text) submitted by the you, making minor corrections to grammar, spelling, punctuation, etc. unless you specifically request that I refrain from making corrections to your copy.

Permission

You represent to me and unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to me for inclusion in the project are owned by you or that you have permission from the rightful owner to use each of these elements. In addition, you will hold harmless, protect, and defend Media Matchstick and its subcontractors from any claim or suit arising from the use of such elements furnished by you.

 

Assignment of Project

I reserve the right to assign subcontractors to this project to ensure on-time completion. This probably won’t happen, but it may.

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Limitation of Liability

Media Matchstick does not warrant that the functions contained in the finished website or the individual web pages will meet your requirements or that the operation of the website or the individual web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the website and the individual web pages is with you, the client. In no event will Media Matchstick be liable to you or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the website or the individual web pages, even if Media Matchstick has been advised of the possibility of such damages.

 

Choice of Law and Attorney Fees

Regardless of the place of signing or submitting of this contract, you agree that for purposes of venue, this contract was entered into in McKinney, Texas, and this agreement shall be interpreted under the laws of the State of Texas. Any dispute related to this contract will be litigated or arbitrated in McKinney, Texas.

In the event of litigation relating to the subject matter of this contract, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom.

 

Copyright, Ownership, and Termination of the Website

Copyright

Any content provided by you and installed by me or by you remains your property and the copyright thereof belongs to you. All other software, scripts, graphics, design elements, etc. are the property of their respective owners and/or creators, and are provided to be used in and for your website.

Ownership

If you opt for Managed Hosting, your website is a hosted product and service provided by Media Matchstick, and is available for you to use as long as you continue to pay the managed hosting fees. You do not own the website. Think of this like leasing a car– you have full use of the car, are responsible for what happens with the car, but you don’t actually own the car.

Termination

Should you decide to stop using your website I will, at your request, provide you with an XML export file of your content, generated by WordPress. This XML file does not contain your images, and therefore you should retain copies of all images uploaded to the website. I will provide copies of any images I used for your site which were not supplied by you.

 

Severability

If any portion of this agreement is found invalid, void, unlawful or for any reason unenforceable by any court, the remaining provisions shall remain in force between the parties.

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Payment of Fees

In order for Media Matchstick to remain in business, payments must be made promptly and on time. Delinquent bills may be assessed a $15 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty may be added for each month of delinquency. If you opt for Managed Hosting & Support, Media Matchstick reserves the right to remove web pages from viewing on the Internet until payment is made. Media Matchstick also reserves the right to suspend any or all email accounts which are serviced by Media Matchstick until payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. Please pay on time.

 

Refund Policy

Due to the nature of digital products and services, set-up and managed hosting fees are not refundable.