Service Agreement

(This is a legal document to agree upon services, products and information provided)

Effective Date: [January 1st, 2024] Updated: 1/12/2025
Between:

(1) Enduring Websites, a freelancing business with website and hosting speciality in the United States, California. The terms “We,” “Us,” “Our,” or “the Company” refer to Enduring Websites.

(2) The Company or Organization that is receiving, benefiting, or paying for the services provided by Enduring Websites. The terms “Client,” “Buyer,” “They,” or “Them” refer to the company or organization.

Whereas:
The service provider (1) will provide the following services set forth in this agreement and the buyer (2) wishes to use such services. Overall, Enduring Websites goal is to build and host high-quality, functional websites for every buyer/client, meeting their goals to the best of our ability.

Ownership of Deliverables
Upon full payment and completion of the product/services provided, including but not limited to: websites, all rights to the final design (not including templates), structure, custom content (not including unpaid third-party content or licensed content from Enduring Websites), custom logos (created by Chat GPT / Canva / other), custom qr-codes, and the domain name(s) are transferred to the Buyer. The Buyer understands the website may include template styled section designs, third-party materials (e.g., Canva graphics, stock images) licensed for use but not owned outright. Even though it is common in the website industry to use third-party content, Enduring Websites takes no responsibility for any copyright claims arising from such materials. The Buyer is responsible for replacing or licensing any third-party images/content/designs if exclusive ownership is desired. Enduring Websites does own licensed content that is used to build/customize the website. If fees or subscriptions occur from the licensed content or any plugin/theme on the website, Enduring Websites holds the right to remove the licensed content, plugin, theme or any software that fees/subscriptions arise from. WordPress login details will be provided upon full completion and delivery if applicable, and are always available upon request from the buyer.

Due Dates
The website process begins during business hours once all or the necessary information for the website is received by Enduring Websites. Standard Informational websites are typically completed within 2-3 weeks; whereas, eCommerce websites are typically completed within 3-4 weeks, depending on the complexity of the design and features. In certain circumstances, any website may take from 1 day to 3 months depending on both the complexity of the website and/or communication time. If the client fails to provide the necessary information requested by Enduring Websites after one month of time, Enduring Websites may prioritize other website projects which may results in 1-4 week delay. If beyond the 3 month timeframe due to lack of communication from the buyer, Enduring Websites may choose to delay/end the service agreement (with no refund – so please keep in communication) or continue service. Website Hosting is a service that is run monthly (while the storing of the website files on the servers is to run every day, other functions of the service, like maintenance, performance checks and others may not be performed every day). Other services will be provided on the scheduled or agreed upon time frame.

Service Agreement Updates
Three months after the most recent update, any updates or modifications to this Service Agreement will automatically take effect without prior notice. In the event of any changes to current or ongoing payments/pricing with the buyer, Enduring Websites will provide the Buyer with notice at least one (1) month prior to renewal, or sooner when applicable. New payment or payment of any renewal invoice constitutes the Buyer’s acceptance of the updated Service Agreement. Enduring Websites holds the right to decline or cancel (without reason) the services we offer / provide to or requested by the buyer, especially those that are associated with or promote nudity, obscene or profane content, immoral involvement / activity, or are religious based. Overall, Enduring Websites goal is to build and host high-quality, functional websites for every buyer/client, meeting their goals to the best of our ability.

Refunds & Cancelations
Enduring Websites may provide one or more of the services/products within this service agreement: Refunds up to 100% may be processed if Enduring Websites does not uphold their responsibilities as discussed before/during/after the completion of the service/product. There are no refunds for website designs. We will do our best to meet all our client’s needs to avoid refunds. The buyer may cancel monthly service at any time by contacting Enduring Websites through verbal communications like phone calls, or written communication such as text or email. For other specific product/service refunds, please read below or use “Command F” to search keywords.

Products / Services:

Website Design — Informational websites (no transactions) and eCommerce websites (transactions enabled) include between 1 and 10 pages (or more upon request at additional cost), including subpages, that contain information and/or content related to the buyer’s business or organization. After competition or 30 days after completion is notified to the client, additional pages desired require a fee. If another business or brand belonging or partnered to the client/buyer is desired to be added on the website with its own page or section, there may be an additional fee for the monthly hosting price (usually but not limited to between $1-10 per business/brand). Subdomains are considered separate websites and require their own hosting plan. Once the website is completed, it is sent for review where the client has 15 days to make a reasonable amount of requests for design/content changes to the website before the “6 minor changes each year” policy begins. Please go to Website Design Pricing, Policies & On-Going Website Changes for additional information. As a courtesy, Enduring Websites may provide stock or AI images, as is standard practice in the website industry; however, the buyer is solely responsible for replacing any images to address potential copyright concerns by providing suitable replacements to Us. Although Enduring Websites provides a free Privacy Policy for the website (to meet basic legal requirements), the buyer is fully responsible for supplying their own personal Privacy Policy and any additional/required legal documents, including Terms of Use, CCPA notices, or other applicable policies. Enduring Websites is not responsible for the loss of any website or its data after completion and delivery. Frequent or recurring website changes are not included beyond the yearly allowance stated in this agreement. While Enduring Websites will honor all terms of this agreement and may offer additional website changes at its discretion, clients are encouraged to make changes themselves (upon training) whenever possible. Websites created that used a purchased template may be advertised and sold by Enduring Websites to other clients or the general public. Please note, Enduring Websites owns the cPanel for security and website-support reasons. If a client chooses to host their website elsewhere, Enduring Websites is no longer responsible for or under any obligation in regard to the website. The Client has one month to let Us know if they would like their website before it is permanently deleted. Enduring Websites is not responsible for delivering the website over if the client decides to part ways with Enduring Websites.

Website Design Pricing, Policies & On-Going Website Changes — The website price is based on the initial scope of pages/work as agreed upon. Additional pages beyond ten or the agreed upon number may vary (please view Website Design for more info), but are between $50-$500 each. Upon completion, any additional changes to the website is $35-$95/hour ($95-$115 if they don’t have hosting with Enduring Websites or Enduring Websites may reject to work on the website without providing the hosting) or free if they fall within the “minor changes” category. Minor Changes are customizations to the website that take 15 minutes or less. Advanced Changes are customizations to the website that take between 15 minutes to multiple hours of work (2 major changes are allowed/year – please request pricing details). Enduring Websites allows up to 6 minor changes each year, although we may allow more at our discretion). The 6 changes/year period begins 15 days after initial completion of the website. Replacing around 10 images would count as one change, and it would likely be considered a minor change. For exact pricing, contact Enduring Websites. If the client makes any modifications or errors to the website, Enduring Websites charges an hourly fee to modify or fix the website. Please note, for the initial website completion, it is standard that some final changes and SEO may not be included until the buyer confirms the website changes are complete or the website is ready to go live.

Included Images/Videos at Launch + Storage & Bandwidth Limits:
Informational sites include up to 120 images max at launch; e-commerce sites include up to 240 images max at launch. Images will be web-optimized (≤ 2560 px, target ≤ 500 KB each), and videos will be web-optimized (≤ 8k, target ≤ 720HD), upon Enduring Websites decision.
Informational websites: 1 GB storage limit (typically under 1 GB) and 8 GB monthly bandwidth limit.
E-commerce websites: 2 GB storage limit (typically under 2 GB) and 12 GB monthly bandwidth limit.
Custom Email Accounts: If not bulk (in our discretion), one email account per domain and its one-time setup (for one device) is free at website launch. There is a 500mb limit (50mb send/receive limit per email); however, it is mandatory that accounts be setup with Gmail or Zoho who allow 15GB or more of storage. Client may also request another email application which Enduring Websites may accommodate.
These limits include cPanel usage. Client-Provided Media: Buyer must supply rights-cleared media suitable for web use. Very large files (e.g., > 1 MB per image, RAW files, 4K videos) may be rejected, resized, trimmed, or billed for optimization. A one minute video (compressed and edited to Enduring Websites decision) is allowed at the starting hosting price, and upon upgrade, up to five minutes is allowed. If storage or bandwidth limits are exceeded, Buyer must reduce content or upgrade their plan. (If the limit is met or exceeded, the client will be provided a notice with solutions to reduce storage. If no action is taken or the issue remains unresolved within 30 days from the initial notice, Enduring Websites holds the right to disrupt/terminate the client’s website/account).  Enduring Websites may suspend hosting services until the overage is resolved or Buyer may face termination after the 30 days if there is no resolve.

Hosting
Hosting involves storage of the website files on a shared server and maintenance of the website. Maintenance includes updating plugins/themes, security maintenance, performance checks, and ability to provide changes each year (please see Website Design Pricing, Policies & On-Going Website Changes for more information on this). Hosting fees are billed automatically on a recurring basis. Late fees may apply for overdue payments. Though the cPanel is a tool used to help host the domain, Enduring Websites keeps ownership of it for safety and legal purposes. Hosting fees are refundable solely for the unused portion of the current month.

Domain Names
Enduring Websites offers custom domain names that are selected by the buyer. The domain name is a nonrefundable product. Enduring Websites partners with Tuscows/OpenSRS and Tuscows/Enom to provide quality domains. Upon purchase of domain, the yearly renewal date may occur on or within 1 week of the register date.

Google Profile
As part of our website and digital setup services, Enduring Websites may assist in creating, verifying, or optimizing your Google Business Profile to help improve your company’s online visibility across Google Search and Maps. This may include adding or updating business information, uploading photos, configuring contact details, linking your website, and ensuring your profile aligns with Google’s guidelines for accuracy and professionalism. By requesting or allowing us to create, claim, or manage your Google Business Profile, you authorize Enduring Websites to act on your behalf for setup purposes only. Ownership and long-term control of the listing will remain with you, the client. Enduring Websites is not responsible for any changes, suspensions, or issues arising from Google’s policies or platform updates after setup. Once access or ownership is transferred, it is your responsibility to maintain, update, and secure your Google account and business profile credentials.

SEO (search engine optimization)
Standard SEO is included in the website creation and it helps the website rank higher on internet searches like Google, Yahoo, Bing, etc.

Logo Creation
A logo is a symbol, design, or graphic mark that represents a business, organization, product, or brand. Logos can include text, images, icons, or be in a combination. The buyer can make 2 requests, each request consisting up to three modifications to the design. This product may be refunded up to 50% total.

QR Code
A QR code (Quick Response code) is a type of barcode that stores information, (a website link in this case), which can be quickly scanned using a smartphone or other device. It allows users to access the website without typing. The QR code can be static, or it can also be static by design, but through pre-planned modification, allow the ability to change the QR code link, similar to a dynamic QR code. The buyer can connect one link at most and of their choosing as long as it is within Enduring Websites policies as stated in the overview summary. Enduring Websites offers two QR codes for the client to choose. The buyer may make 1 request to change the QR code unless Enduring Websites allows more. The link may be changed in this custom QR code a total of four times each year. The QR code requires a yearly plan. There is a 30-Day Money-Back Guarantee refund for the QR code purchase, but please note, the QR code link is baked into the QR code.

Graphic Designs
Logos, Graphic Designs, Digital Edits, Content Creation may be created with canva, chatgpt or other, and may include elements / graphics that are available to the public. Please be aware of this and have a legal search done before choosing to copyright / trademark any designs or creations we provide.

Payment Method
Hosting is only by card. Bank deposit/transfer may be accepted for other products by Enduring Websites upon request. Hosting requires automatic payment (not manual).  For other services/products, we also may accept: Google Pay, Zelle, Venmo or CashApp.

Information Stored
Please view our Privacy Policy for more details.