• Purpose Church Website Design Contract

  • Definition of Parties

  • In performing their respective obligations under this “Contract” the parties agree that their relationship is that of independent contractors and not that of partners, joint venturers, agents, employees or part-time employees of the other party.

    The terms of this contract will be valid starting October 8, 2020.

    The Designer (the “Designer”) is hereby defined as: Wondrkind, conducting business from 3816 Oleander Drive, Wilmington, NC 28403.

    The Client (the “Client”) is hereby defined as: {Name of Organization:3:Client Name}, conducting business from {Address of Organization:4.1:Address Line 1}, {Address of Organization:4.2:Address Line 2}, {Address of Organization:4.3:City}, {Address of Organization:4.4:State} {Address of Organization:4.5:ZIP}.
  • Project Description

  • By signing this agreement, Client has hired Designer to proceed with design services as described in Scope of Design Services.

    During this period, the design project, deliverables and priority will be at the discretion of the Client. Work will normally be performed at the offices of the Designer, and will normally occur on Mondays through Friday between the hours of 10am to 5pm, in the Designer's current time zone.

    Payment for these services will be to Designer at the total project cost of $1,680. We typically require that 50% of total cost be paid upfront but have made a 7-month payment plan of $215 per month available, if desired, with initial payment beginning at the start of the contracted work. Any services performed outside the agreed scope must be discussed beforehand and will be charged at a separate rate. In the event that the Client does not pay an invoice balance within 15 calendar days, the Designer may pause work until the unpaid balance is paid. If any adjustments to the hourly rate is made, the Client will receive a notice at least 60 days in advance.

    Hours worked in excess of the outlined Scope of Design Services will be billed at $75 per hour. Any expenses exclusive of normal overhead are not included in this agreement and will be billed separately. Examples of such expenses are: delivery services, licensing necessary to be retained by the Client, travel beyond 50 miles from the Designer’s facilities, and meals when traveling beyond 50 miles. All invoices will be net 15.
  • Scope of Design Services

  • Design services include: website design and development. Full description is as follows: “wearepurpose.org” will serve as the home for both distilling information and an online access point for sermons and events. Once the site is reviewed, revised and approved, we will switch over the domain “wearepurpose.org” with the newly built website. Then a training will promptly be schedule to learn how to maintain the site.

    All costs not explicitly included in the Agreement will incur additional charges, including but not limited to: animation, copywriting, custom illustration, purchase of printing, purchase of fonts or photography, or purchase of domains or hosting plans.
  • Ownership and Usage

  • The Designer assigns all rights in the work to the Client upon full payment for the billed work. The Client grants the Designer the right to display, modify and distribute the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the Designer’s business. Where applicable the Client will be given any necessary credit for client ownership, or usage of the project elements.

    The Client attests that all content provided by the Client to the Designer is content that the Clients or for which it has secured all necessary intellectual property rights to use for the project and for the Designer to use as outlined above. The Client agrees to indemnify the Designer against all intellectual property claims brought against the Designer for their use of the Client’s work in their portfolio and will be responsible for Designer’s reasonable attorney’s fees and damages assessed against Designer relating thereto.

    In developing any branding, the Designer will take care to keep the branding distinctive. The Designer’s efforts shall not include a complete trademark clearance search, and should not be relied upon by the Client to verify originality or protectability of the marks. It is Client’s responsibility to retain the services of a trademark search firm or intellectual property attorney for trademark clearance searches and opinions on protectability.
  • Confidential Information

  • In consideration for access to “Confidential Information” exchanged between parties, the Designer and the Client agree to; (a) keep all information provided relating to business and/or marketing plans, discussions, research, graphic design and marketing related programs and processes under development in strict confidence; (b) disclose this information solely to individuals who have a signed non-disclosure agreement to receive this information; and (c) label Confidential materials, whether transmitted orally, electronically or on paper, with the word “Confidential” or some similar warning. Upon the request, each party shall return all written or other descriptive materials containing Confidential Information to the requesting party. Each party may retain one archival copy of the Confidential Information, solely for the purpose of determining its obligations under this Contract.

    Confidential Information shall not be deemed proprietary and the recipient shall have no obligation with respect to such information where the information: (a) was known to recipient prior to receiving any of the Confidential Information from Discloser; (b) has become publicly known through no wrongful act of recipient; (c) was received by recipient without breach of this Contract from a third party without restriction as to the use and disclosure of the information; (d) was independently developed by recipient without use of the Confidential Information; or (e) was ordered to be publicly released by the requirement of a government agency.
  • Scheduling and Cancellation

  • Notice of vacation days or holidays where either the Client or the Designer is not available for work, should be provided in writing prior to the applicable month if the duration of time exceeds 4 business days, so that the project schedule can be adjusted.

    Each party shall use commercially reasonable efforts or fulfill its obligations hereunder, but shall in no event be responsible for any failure or delay in performance due to any catastrophe, natural disaster or government authority, civil strife, health crisis, or any other cause beyond the control of such party. Neither party shall be liable to the other for any consequential, indirect, special or punitive damages, even if such damage were reasonably foreseeable.
  • Modification of Agreement

  • The parties may modify this Contract by mutual agreement on 30 days’ written notice. “Written notice” includes, but is not limited to, email so long as the parties explicitly state that they are modifying this Contract.
  • Termination of Agreement

  • This agreement may be terminated on 30 days’ written notice by either the Designer or the Client. All materials furnished by the Client will remain the property of the Client and will be returned upon request, no more than 10 days from the termination of this agreement. Termination during the Agreement's execution will result in forfeiture of all payments received to date, and any unpaid invoices will be paid immediately.
  • Errors or Omissions

  • The Client has the responsibility to proofread and examine all work produced during the project. Therefore, the Client is ultimately responsible for any typographical, spelling, grammatical, copy, photographic, illustrative, layout or other errors or omissions discovered after printing or reproduction, or for any work or services performed by any party selected by the Client.
  • Dispute Resolution

  • All disputes related to this Contract shall be resolved exclusively in a court located in New Hanover County, North Carolina, and shall be governed by North Carolina law. Each party irrevocably waves its right to a jury in any such dispute. The non-prevailing party shall be responsible for the prevailing party’s attorneys’ fees and any other costs related to resolving the dispute. The prevailing party shall be entitled to recover all costs, expenses, and reasonable attorney’s fees in any action brought to enforce the terms of this Contract.
  • Entire Agreement

  • This Contract constitutes the entire agreement between the parties with respect to this subject matter and supersedes all prior written and verbal understandings and agreements relating to it.

    A party does not waive any right under this Contract by failing to insist on compliance with any of the terms of this Contract or by failing to exercise any right granted by the Contract.

    If any provision of this Contract shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Contract, the validity of the remaining portions or provisions hereof shall not be affected hereby. The parties agree to replace such illegal, unenforceable, or conflicting provision with a new provision that accomplishes the original intent of the parties and has the most nearly similar permissible economic, legal or other effects.
  • I understand that typing my full name constitutes a legal signature.