This is a contract entered into by ibuildyoursite.com (hereinafter referred to as "the Provider") and Sam's Web Club (hereinafter referred to as "the Client") on November 1, 2013.
The Provider's place of business is 219 15th St Apt 10, Huntington Beach, CA 92648 and can be reached by phone at 714-814-0109. The Client's place of business is 11 Lancaster Road, Mobile, AL 36608 and can be reached by phone at 251-391-5116.
The Client hereby engages the Provider to provide services described under "Scope and Manner of Services". The Provider hereby agrees to provide the Client with such services in exchange for consideration described under "Payment for Services Rendered".
The Provider provides web development services including a proprietary web site builder designed and intended to allow end users the ability to design, develop and maintain their own web site. Other services provided include web design, web hosting, database management, programming, email, DNS, server management and consulting. The Provider reserves the right to offer other services not listed.
The Provider's business model is twofold. Primarily, selling and building out end user web sites utilizing its own proprietary software platform (herein referred to as "the SiteBuilder"). Secondly, selling and building out Private Label Resellers (herein referred to as "PLR") by allowing other companies or entities the ability to lease its software, to be known solely as the SiteBuilder, in the pursuit of selling and building out end user web sites and PLRs.
The Provider SiteBuilder software platform is a stand alone, appliance-like bundled software kit comprised of the following:
The Provider does not sell any software to the Client. The Provider leases its SiteBuilder to the Client for the selling and building out of end user web sites.
The Provider does not allow for the redistribution or resale of its software by the Client.
The Provider does allow for the sub-leasing of its software by the Client to other entities, however, the Client's entities may not sub-lease the Provider's SiteBuilder platform to another party. In the event the Client's entity wishes to sub-lease the SiteBuilder to another party, the Client will put its entity in touch with the Provider.
The Provider does provide support to the Client, but will not provide support directly to the Client's end user clients. Support includes updates, maintenance, and fixes pertaining to the SiteBuilder software and associated server software only. Support is provided at the discretion of the Provider based on the previous statements.
The Provider does not warrant downtime caused solely by or in part by the SiteBuilder.
The Provider does not guarantee 100% server uptime.
The Provider will provide the Client, upon the Client request, with web design, programming, database management, consulting, and server maintenance.
The Provider will provide the Client with support, in relation to the SiteBuilder, via phone, instant messaging, text messaging or email.
The Client may request other services, not listed above, from the Provider.
The Provider will provide the Client with an estimate for requested services prior to providing those services. If the Client agrees to the estimate, the Provider will fulfill those requests in a professional and timely manner. An estimate is not a guaranteed final fee. Actual fee for services may exceed estimate, but not to exceed 200% of the original estimate.
The Provider will provide the Client with SiteBuilder updates at no charge, and will push non-crucial updates during off peak hours to insure minimal downtime. Critical fixes may be pushed during peak time, and may result in temporary downtime.
SiteBuilder Integrated Services
The Provider will provide the Client with a secure, password protected control panel enabling the Client to maintain their website, as well as search and manage their clients including control panel access, site status, invoicing and managing the PLR system.
The PLR section of the control panel has the built-in ability for managing the Apache Web Server, BIND DNS Server, and Xmail Email Server. A simple form will be provided to configure these servers, and an easy to use interface is provided to maintain their respective records.
The interface to configure a domain to the SiteBuilder is available within the "details" of a site, and only when a site is in "live" or "live non-paying" status. Demo websites will have a mini header designating the website is in demo mode. Domains may only be assigned and used on "live", "live non-paying" and "live mobile" websites only. Domains associated with a site not in the designated status will be billed as a "live" site at the discretion of The Provider.
The SiteBuilder software has the ability to publish mobile websites for mobile devices. Mobile websites will have several configuration options, but will be powered by the same end user database. The mobile website platform is not enabled by default. Mobile websites are an add-on feature and are billed in addition to regular "live" websites.
The Provider will provide itself a secure, password protected area for accessing all web sites hosted on the SiteBuilder as this is critical in the event the Client wants the Provider to manage a web site, or look into technical issues. In this secure area the Provider will also provide a report of all site status levels, and domains hosted through the SiteBuilder. This report will be used for billing purposes.
The Client shall pay the Provider for services rendered according to the Payment Agreement.
If the Client has hired the Provider to perform services on behalf of the Client, the Client may charge its client up to 100% of the fee charged by the Provider. The Client may not overcharge, or gouge, its clients for services provided by the Provider. For example, if the Client requests the Provider for work and the Provider charges the Client $100, the Client may bill its customer no more than $200.
The payment agreement is as follows:
The Client Hosting Fees
$0 for up to 10 "Live -- Non Paying" websites, per month
$10 per "Live -- Non Paying" website exceeding the allowed 10 Free, per month
$10 per "Live" website, per month
$6 per "Live Mobile" website, per month
$350 minimum hosting fee, per month
The Client Service Fees
$100 per hour for services rendered, prorated in 15 minute increments.
$0 for the SiteBuilder software updates, fixes, or patches. Includes labor.
When the Client sells a PLR website the fees the Client must pay the Provider is as follows:
The Client PLR Setup & Hosting Fees
$1000 per PLR sold by the Client (One Time Payment)
$0 for up to 3 [PLR] "Live -- Non Paying" website, per month
$5 per [PLR] "Live -- Non Paying" website, exceeding the allowed 3 Free, per month
$5 per [PLR] "Live" website, per month
$5 per [PLR] "Live Mobile" website, per month
$250 minimum hosting fee, per month, starting 6 months after sign up
The Client Real Estate & Employment Agency Industry Website Setup & Hosting Fees
$500 per Real Estate or Employment Agency industry website sold by the Client (One Time Payment)
Hosting fee will be applied based on Live or Live Non-Paying status as set forth above.
The Provider will send an invoice via email to the Client for services rendered on or about the 20th of each month. The Client agrees to pay the submitted invoice by the Due Date, which will be the last day of the invoiced month, or a minimum of 10 days from the invoiced date -- whichever is greater.
Payment may be submitted online by credit card or check. A check payment submitted online requires that the check be postmarked by the Due Date to avoid a late fee.
If payment is deemed late, 5% of the total invoiced amount will be assessed as the Late Fee, and the late fee will be added to the next months invoice. Late fee may not exceed $50.
The Client agrees to maintain the Provider's personal and business integrity by all means necessary. This includes, but is not limited to:
The Client agrees not to host any web sites that may fall into the following criteria:
All materials deemed to be in violation of any of these rules are subject to removal at the discretion of the Provider.
If applicable, the Client will provide a username and password for 24/7 access to remote servers utilizing the Providers SiteBuilder for maintenance or updates to the SiteBuilder or the Client's sites.
This contract is valid for a minimum 1-Year term, and renews automatically each month thereafter. Terms subject to change at the discretion of the Provider.
The Client may send disputes in writing to the Providers address listed above, or via email as listed above. A dispute in billing does not void an invoice, and the invoice must be paid by the due date. If a dispute in billing is resolved and the Provider owes any monies back to the Client those monies will be paid promptly or negated from future invoices at the discretion of the Provider.
The Provider may terminate this contract with the Client for breach of contract. Should the Provider terminate this agreement for breach of contract, a minimum 30 day notice will be provided by the Provider to the Client. The Client will need to begin dissolving its web sites by creating new websites without use of the SiteBuilder, or by migrating its web sites to the Provider's server.
The Provider may terminate this contract with the Client after 120 days of non-payment. The provider may absorb the Client's customer base as reimbursement. The Provider will provide notice and may immediately begin absorbing.
All monies owed must be paid in full within 120 days of first non-payment, or The Provider may absorb the Client's customer base as payment. The Provider will provide notice and may immediately begin absorbing clients after the 90th day.
The Client may terminate this contract with the Provider at any time after the 1 year term for any reason. The Client must provide at least 30 days notice to the Provider prior to terminating this contract. During the 30 day period before this contract is terminated the Client must start dissolving its web sites by creating new websites without use of the SiteBuilder, or by migrating its web sites to the Provider's server.
Any of the Client's websites setup on the Provider's servers immediately become the Provider's client.
If dissolving of websites has occurred, and more time is needed, the Provider and the Client agree to provide each other with reasonable time to conclude the migration.
In witness of their agreement to the terms above, the parties or their authorized agents hereby affix their signatures:
iBuildYourSite.com - Joe Velez
Provider Signature & Date
Sam's Web Club - Sam Yarbrough
Client Signature & Date