Hofbauer Consulting Web Development Agreement

This Web Development Agreement (this “Agreement”) is made effective as of the date of first payment received, by and between The Client and Hofbauer Enterprises, LLC d.b.a. Hofbauer Consulting (the “Web Developer”), of Richmond, Virginia 23219.

WHEREAS, Hofbauer Consulting possesses technical expertise in the field of computer programming and, in particular, the creation and development of website technology; and

WHEREAS, CLIENT desires to engage Hofbauer Consulting, and Hofbauer Consulting accepts the engagement, to design a World Wide Web site (the “Web Design Project”) in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, CLIENT and Hofbauer Consulting agree as follows:

RETENTION OF DEVELOPER. CLIENT hereby retains the services of Hofbauer Consulting for the Web Design Project to be published on CLIENTS’s account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer (Hosting Service) and for ongoing support.

DESCRIPTION OF SERVICES. Hofbauer Consulting will provide the following services connected with the development of the Website (collectively, the “Services”):

HTML5 Responsive and Mobile-Enabled User Experience
Built on the WordPress Content Management System (CMS)
Agreed upon number of page templates with all required content revisions until correct
Color customization for key branding elements
Information architecture consultation
Content consultation (Help choosing which Images, Text, Artwork to include)
Editing & manipulation of content (Minor word editing and photo editing)
Google Analytics integration
Administrator training of “drag and drop” editing system as well as all important elements of website management

PAYMENT FOR SERVICES. In consideration of the services to be performed by Hofbauer Consulting, CLIENT agrees to compensate Hofbauer Consulting for the services rendered as follows:

Hofbauer Consulting’s fees for the services specified in Description of Services, above, will be charged according to the following schedule:

For all ongoing payments, Hofbauer Enterprises, LLC requires the use of the autopayment service via Square (credit card or debit card is required). Clients will be charged the agreed upon monthly amount within 2 business days of the monthly billing due date. There will be a 10% late fee for any payments not received within 30 business days of the due date. All payments are to be made to Hofbauer Enterprises, LLC.

CLIENT will be required to pay Hofbauer Consulting within 14 days of receiving the bill. CLIENT will pay Hofbauer Consulting’s costs and expenses monthly as outlined above.

WEB HOSTING. CLIENT understands and agrees that web hosting services do not require a separate contract with a separate web hosting service. CLIENT agrees to allow Hofbauer Consulting full access to any exisiting website properties as necessary.

TERM/TERMINATION. This Agreement may be terminated by either party upon 60 days’ written notice to the other party after an initial 12 month period.

RELATIONSHIP OF PARTIES. It is understood by the parties that Hofbauer Consulting is an independent contractor with respect to CLIENT, and not an employee of CLIENT. CLIENT will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Hofbauer Consulting.

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 Hofbauer Consulting in connection with the Services shall be the exclusive property of CLIENT. Upon request, Hofbauer Consulting shall sign all documents necessary to confirm or perfect the exclusive ownership of CLIENT to the Work Product.

LAWS AFFECTING ELECTRONIC COMMERCE. CLIENT agrees that CLIENT is solely responsible for complying with laws, taxes, and tariffs that governments enact and fix from time to time in connection with Internet electronic commerce, and shall indemnify, hold harmless, protect, and defend Hofbauer Consulting and its subcontractors from any cost, claim, suit, penalty, or tariff, including attorneys’ fees, costs, and expenses, arising from CLIENTS’s exercise of Internet electronic commerce.

CONFIDENTIALITY. Hofbauer Consulting will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Hofbauer Consulting, or divulge, disclose, or communicate in any manner any information that is proprietary to CLIENT. Hofbauer Consulting will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement.

EMPLOYEES. Hofbauer Consulting’s employees, if any, who perform services for CLIENT under this Agreement shall also be bound by the provisions of this Agreement. At the request of CLIENT, Hofbauer Consulting shall provide adequate evidence that such persons are Hofbauer Consulting’s employees or contractors.

ASSIGNMENT. Hofbauer Consulting’s obligations under this Agreement may not be assigned or transferred to any other person, firm, or corporation without the prior written consent of CLIENT.

ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written.

SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

AMENDMENT. No amendment, waiver, or discharge of any provision of this Agreement shall be effective against CLIENT or Hofbauer Consulting without the written consent of both CLIENT and Hofbauer Consulting.

NOTICES. Any notice required to be given pursuant to this Agreement shall be in writing and mailed by certified or registered mail, to the addresses mentioned above.

APPLICABLE LAW. This Agreement shall be governed by the laws of the Commonwealth of Virginia.

SIGNATURES. This Agreement shall be agreed upon by the purchaser / cardholder on behalf of the CLIENT and by Greg Hofbauer, CEO on behalf of Hofbauer Enterprises, LLC. This Agreement is effective as of the date of the first monthly payment.


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