Symmetric

SERVICES AGREEMENT

Web Design & Development

Table of Contents

Thank you for choosing Symmetric Design for your web design needs. We are so grateful to partner with you on this project and look forward to the fantastic work we’ll do together.

Client Agreement

By making your initial payment for your web design project with Symmetric Design LLC, you, the “Client,” confirm that you agree to and are bound by the terms and conditions below.

Symmetric Deliverables

Under this agreement, we shall provide you with the website design, development, and SEO services and deliverables as outlined in detail in your estimate. Please reference the invoice you received for your individualized list of services and deliverables as it pertains to your project.

Client Deliverables​

Under this agreement, you shall provide us with the following deliverables:

Expectations & Requirements​
Care Plans

Website migration and launch is included in your website estimate. We are happy to offer monthly website care plans that include ongoing maintenance, hosting, security and more. If you choose to migrate your site to a different hosting provider other than Symmetric, and elect to perform care and maintenance tasks on your own, Symmetric will not make any further updates to your site after the launch. If you request any updates to your site, you will be required to go on a care plan in order for our team to make those updates.

Payment

The budget for this project is outlined in detail, based on the estimated deliverables in your invoice. We require a 50% deposit on all work at the time of project kickoff, and will bill the remainder upon project conclusion.

Cancellation

This agreement remains in effect until either you or Symmetric cancels it.

You may cancel this contract by providing 14 days notice via email. Should you decide to cancel this agreement, you acknowledge that no refunds will be given on amounts you have already paid.

You also authorize Symmetric to charge your credit card or other payment method for any outstanding payments. Symmetric reserves the right to bill for any outstanding amounts that have exceeded the deposit previously made.

Symmetric reserves the right to cancel this agreement at any time, for any reason, and without prior notification. Should Symmetric decide to cancel this agreement, you will be sent a cancellation notice via email.

Upon cancellation, you will be given the opportunity to migrate your site to your new hosting platform within 14 days.

If you have not migrated your site away from our servers by that time, Symmetric reserves the right to discontinue your hosting, and your site will no longer be live.

If you need assistance migrating your WordPress site to the new hosting platform, Symmetric can provide this service for a minimum of $300 per site.

Privacy and Confidentiality

Client and Symmetric agree all emails and other correspondence are to remain private. NO terms of this contract are to be shared with anyone other than the parties involved. Pricing is strictly confidential.

Symmetric understands that the Client may be providing confidential information about their business throughout the project and agrees not to disclose that information to any third party or utilize it in any way without the client’s express consent.

Symmetric is responsible for safeguarding confidential client information such as account numbers, passwords and license keys.

Confidential and Proprietary Information

Each party acknowledges that information disclosed to it by the other in connection with this agreement is confidential and proprietary and that it shall remain the disclosing party’s property. Each party shall treat all information from the other as confidential and proprietary. The receiving party shall take all reasonable and necessary precautions to prevent such information from being made known or disclosed to any person or entity except in accordance with this engagement. However, if the receiving party is required by legal process or action of government agencies to disclose any information, it may do so. The receiving party shall promptly notify the other of such requirements so that the other may take the appropriate action to protect such information against disclosure.

Confidential information does not include information, technical data or know-how which:

Independent Contractor

It is understood and agreed that Symmetric is acting as an independent contractor in the performance of the services hereunder, and nothing herein contained shall be deemed to create an agency relationship between Symmetric and Client.

Code of Fair Practice

Symmetric warrants and represents that, to the best of their knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that Symmetric has full authority to make this agreement; and that the work prepared by Symmetric does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that Client or others may make of Symmetric’s product that may infringe on the rights of others. Client expressly agrees that it will hold the Symmetric harmless for all liability caused by the Client’s use of the Symmetric’s product to the extent such use infringes on the rights of others.

Warranty and Limitation of Liability

Client warrants that Symmetric’s use of any and all materials furnished by Client hereunder will not violate or conflict with any U.S. intellectual property rights of any third persons including, but not limited to, copyrights, patent and trademarks. Symmetric warrants that the deliverables and all work products created for and provided to Client by Symmetric will not violate or conflict with any U.S. intellectual property rights of any third persons including, but not limited to, copyrights, patents and trademarks. Symmetric further warrants that all services will be performed in a professional and workmanlike manner. Symmetric makes no warranty with respect to third party rights in any materials furnished to Symmetric by Client. Except as set forth in this paragraph, neither party makes any express or implied representation or warranties, including–but not limited to–implied warranties of merchantability and fitness for a particular purpose.

Neither party shall be liable hereunder for special, indirect, consequential or incidental losses or damages of any kind or nature whatsoever, including but not limited to lost profits, lost records or data, lost savings, loss of use of facility or equipment, loss by reason of facility shutdown or non-operation or increased expense of operations, or other costs, charges, penalties, or liquidated damages, regardless of whether arising from breach of contract, warranty, tort, strict liability or otherwise, even if advised of the possibility of such loss or damage, or if such loss or damage could have been reasonably foreseen.

Except as otherwise expressly provided herein, damages shall be Client’ exclusive remedy hereunder and Symmetric’s liability hereunder, regardless of the form of action, shall not exceed the total amount paid for services under this agreement. Symmetric’s liability shall not be so limited with respect to injuries to persons or damage to tangible property arising out of the negligence or willful misconduct of Symmetric or its subcontractors.

While performing tasks related to this contract Symmetric cannot accept liability for losses caused by the unavailability, malfunction or interruption of the Client’s website. Symmetric cannot guarantee that its work will be error-free and so Symmetric also cannot be liable to the Client or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if the Client has advised Symmetric of the possibilities of such damages.

No action, regardless of form, arising under this Agreement, may be brought more than one year after the cause of action has arisen, except that an action for nonpayment may be brought within one year after the date of the most recent payment.

Dispute Resolution

Any disputes in excess of maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. Client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the Symmetric. All actions, whether brought by Client or by Symmetric will be filed in Symmetric’s state/county of business/residence. This contract is held accountable to the legal system of Oklahoma and any applicable statutes held therein.

Entire Agreement

This agreement is the entire agreement between the parties with respect to its subject matter and there are no other representations, understandings or agreements between the parties relative to such subject matter. No amendment to, or change, waiver or discharge of any provision of this agreement shall be valid unless in writing and signed by any authorized representative of the party against which such amendment change waiver or discharge is sought to be enforced.

Acceptance of Terms

By making the deposit payment for your website project, the client agrees that they have thoroughly read through this contract, and understand and agree to all of its parts.

What You Get

Premium Website

What You Get

Starter Website