Website development agreement

This agreement guarantees what has been previously discussed by both

YourSiteBuiltRight & “____________________”(Herein Developer) and

_______________(Herein Client). By signing this contract both parties agree to the terms and

process of the professional website build. This agreement will last until either party decides to

opt for a contractual termination. After signing this agreement, we will begin the process of

building your professional website with online ordering functionality.

Whereas the developer shall build for the client a free website

And

Whereas the client agrees to pay the developer a $500 if they need an extra printer, if the event the current ones are damaged.

And

Whereas the client agrees to abide by the terms of this agreement for the negotiated period prior to termination or pay the developer compensatory damages for early termination.

Now in consideration for mutual benefit the parties do hereby agree,

1.The Process

First the developer will go over a “game plan” for the client’s website build. During this process

the developer will find out the client’s requirements for the website, The developer will then

gather the necessary information to make the clients site unique and stand out professionally

(Domain Name, About You, Pictures, Color Scheme, Menu Items – Titles, Descriptions, Options,

& Price). After we have what we need to begin the build we will start drafting out your website

ASAP. After we have finished a rough draft of your website the developer will schedule another

meeting to show the client the current site and gather their feedback about any

updates/revisions pertaining to the original game plan that they would like to see made before

going live with the final version of the website.

2.The Terms

In order to provide this entire process completely free for the restaurant the developer will earn

a convenience fee of $_______ per online order & $______ per menu item on the Point of Sale as already discussed. This convenience fee will be automatically applied to orders and transparently charged to the customer at the time of their order.

What The Developer Provides For Free

Professional website build, business class hosting, point of sale device(s), advanced payment processor(s), thermal cloud printer(s) for online orders plus POS orders, thermal printer paper, menu revisions/updates within a timely manner, help with marketing, and comprehensive reports.YourSiteBuiltRight is responsible for maintaining the website, printers, and POS. YourSiteBuiltRight will provide services to fix the printer in the event it goes down or

replace it with an available backup if necessary.

What We Ask From Our Partners

We simply ask that the restaurant will be responsible for refilling the printers we provide with paper, it’s a simple process but very important for the longevity of the printer’s lifespan.

By agreeing to our terms of service the business acknowledges responsibility for ensuring the printer is full of paper each day and if a problem with either the printer or website occurs will promptly communicate this so YourSiteBuiltRight is aware and can resolve the problem as quickly as possible.

**Other items required by the business such as additional printers, paper, and multiple website

builds will cost extra. After both parties reach a fair agreement on any additional services the

total can be added below in the “additional notes” section before this contractual agreement is

signed. Any fees for additional services will be made payable to YourSiteBuiltRight at the time of

signing this contract.

Cost of additional printer + setup: $500 ea. ($100 m/o until $500 is met)

Contractual Termination

In the event, either party wishes to cancel this agreement before the agreed term of service decided by the client is met; they can do so by filling out the Termination Contract Form, returning all hardware and paying the build fee. The build fee will only be charged if the client wishes to back out of the agreement prematurely after the website has already been built for them for no cost. Even though we provide this service for free to select restaurants it still requires our business to invest time, money, and lots of energy setting everything up and building their website professionally. The Contractual Termination Form and contractual termination process can be accessed anytime at https://www.yoursitebuiltright.com/contractual-termination/.

Developer’s Responsibilities

The Developer agrees to render the following responsibilities:

Development of the website inclusive of all details that are included in this contract.

Test and ensure everything is functioning properly for the client and their customers.

Support with the installation and maintenance of the website, also help with teaching the client how everything works and answering any and all tech related questions 

 Client’s Responsibilities To Begin

The Client agrees to render the following responsibilities:

Provide all the necessary information, resources, and promptly addressing any pertinent questions related to the website or menu that the Developer may require.

Intellectual Property Rights

The Client gives the Developer the right to use their photos, reviews, branding, menu, and any other marketing material in the design of the website. The Client acknowledges that the Developer will have the ownership of any text, codes, designs and other proprietary information included in the website.

Website Support Period

The Developer agrees to provide regular maintenance and support for the website for the entirety of the agreed upon term of service. The Developer shall not create any

extra functionality for the website unless specified by the client..

Confidentiality

The Parties to this Contract agree that each Party shall treat private information such as codes,

roadmaps, blueprints, and strategies as strictly confidential. All such confidential information exchanged between the Parties, shall be used solely for the purposes of rendering services pursuant to this Contract and, shall not be disclosed to any third party without the prior written consent of either party.

Term

This Contract shall become effective once the client agrees to the terms and physically signs or digitally agrees to this contract. The Contract shall remain in effect for the period agreed by the client, unless otherwise terminated before the completion of the term with a contractual termination.

Indemnification

The Client agrees to indemnify and hold harmless the Developer, its respective affiliates,

employees, and permitted successors and assigns against any losses, claims, damages,

penalties, liabilities, punitive damages, expenses, reasonable legal fees of whatsoever kind or

amount, which result from the negligence of or breach of this Contract even after the services

have been rendered.

 Miscellaneous

Force Majeure: Neither Party shall be liable for any failure in performance of the obligation

under this Contract due to cause beyond that party’s reasonable control (including and not

limited to a pandemic, fire, strike, act or order of public authority, and other acts of God) during

the pendency of such an event.

Governing Law: The Parties agree that this Contract shall be governed by the laws of South

Carolina and Florida states .

Legal and Binding Contract: The Contract is considered legally binding and may be enforced in

a court of law. The services performed will be done in a legally and professionally fair manner

and as such shall not violate any local or federal laws and regulations.

Entire Agreement: This Contract is all-inclusive and no other contract, oral or written exists

between the two parties signing this Contract. By signing this Contract, you agree to have fully

understood this Contract, you are legally competent and authorized to enter this Contract and

you have signed this Contract on your ‘own free will’ and no undue influence or misinterpretation

of facts and clauses.

Privacy Policy

With Yoursitebuiltright, we take the privacy of our customers very seriously. We understand that the information you provide us with, including sensitive information, is personal and should be treated with the utmost care and respect.

Information Collection:

When you make a reservation or place an order with our restaurant, we may collect the following types of information:

Contact information, such as your name, phone number, and email address

Demographic information, such as your age, gender, and location

Payment information, such as your credit card number and expiration date

Any special requests or dietary restrictions you may have

We may also collect information about your browsing and purchasing habits on our website and mobile apps, as well as information about your interactions with our customer service team.

Information Use:

The information we collect will be used for the following purposes:

To process and fulfill your reservations and orders

To contact you regarding your reservations or orders, or to respond to any questions or concerns you may have

To improve our website and mobile apps, and to personalize your experience when you visit our restaurant

For marketing and promotional purposes, such as sending your customers special offers and discounts

Information Sharing:

We will not share your information with any third parties, except in the following circumstances:

We may share your information with our affiliates, subsidiaries, or partners for the purposes outlined in this privacy policy.

We may share your information with service providers, such as payment processors, that we use to process your reservations and orders.

We may share your information if required to do so by law or in response to a valid legal request.

Security:

We take the security of your information very seriously and have implemented appropriate technical and organizational measures to protect it from unauthorized access, use, or disclosure. However, please note that no method of transmission over the internet or electronic storage is 100% secure.

Changes to this Privacy Policy:

We reserve the right to make changes to this privacy policy at any time. Any changes will be posted on this page and will become effective immediately.

Contact Us:

If you have any questions or concerns about this privacy policy, or if you would like to request access to or deletion of your information, please contact us at Info@Yoursitebuiltright.com

This Agreement (“Agreement”) is made and entered into on the date of electronic acceptance by the “individual or entity” we partner with and the “individual or entity” owning the hardware (“Owner”).

Definition of Hardware. “Hardware” shall mean the specific items of hardware identified in Exhibit A attached hereto and made a part hereof.

Destruction of Hardware. The client shall not destroy the Hardware. The Hardware shall be considered destroyed when it is rendered non-functional.

Payment. In consideration of the destruction of the Hardware, the client shall pay the owner the sum of $500 within 28 days of the Hardware being destroyed.

Exhibit A: Description of Hardware

-Star Printer(s)
-Ipad tablet 9.2 In
-Square terminal/payment processor
-Ipad accessories (Screen protectors, cases stands)
-Ethernet splitters/cables/buzzers

Service Duration

The Client agrees for a specified period of time as discussed. 

Refunds

The Company does not provide refunds for any services provided under this Agreement.

Website management/ Online ordering/ printers

The business Yoursitebuiltright agrees to provide accurate and up-to-date information about their products and services on the website. As per the client of the establishment sends the correct correlating information.

The business Yoursitebuiltright is not responsible for any breaches in the security of any transactions conducted on the website, including the protection of customer personal and financial information. *Nothing over the internet is ever %100 but we definitely do our very best.

Yoursitebuiltright agrees to promptly resolve any customer complaints or disputes related to transactions conducted on the website.

All intellectual property rights, including but not limited to, copyrights, trademarks and patents, in the website are owned by Yoursitebuiltright.

This agreement represents the entire understanding between the parties and supersedes any prior agreements or understandings, whether oral or written, relating to the subject matter of this agreement.

The client agrees to indemnify and hold harmless the website management company from any losses, damages, liabilities, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with any third-party claim related to the website or its content.

POS SYSTEM

The business or restaurant agrees to use the POS system in accordance with all applicable laws and regulations.

The business or restaurant agrees to provide accurate and up-to-date information about their products and services on the POS system.

The business or restaurant is responsible for ensuring the security of any transactions conducted through the POS system, including the protection of customer personal and financial information.

The business or restaurant acknowledges that any violation of these terms of service may result in termination of the POS system services.

The business or restaurant agrees to use the POS system only for the purpose of conducting legitimate transactions and will not use it for any illegal or fraudulent activities.

The business or restaurant agrees to pay for the POS system services in accordance with the agreed upon fees, which may be set out in a separate agreement.

This agreement represents the entire understanding between the parties and supersedes any prior agreements or understandings, whether oral or written, relating to the subject matter of this agreement.

The business or restaurant agrees to indemnify and hold harmless the POS system provider from any losses, damages, liabilities, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with any third-party claim related to the POS system or its content.

1.) Marketing (GMB, Facebook, SEO paid ads, Flyers, Banners, Stickers, Cards & anything else we can do to help.)
2.) Hardware as discussed and wrote on additional notes.
3.) Web design/ PhP Code updates regularly.
4.) Online Ordering Functionality
5.) Processing rate at 2.6% + .10
6.) SMS/Email database for collecting information for marketing purposes.

SIGNATURE: __________________                            DATE:___/_____/_____

SIGNATURE: __________________                            DATE:__/_____/______