Client Agreement
Works for Hire
The Client acknowledges that this is "works for hire" and the Certified Business Solutions LLC promotional methods, promotions, procedures, forms, creative, and material are proprietary, and thereby the Client agrees to keep them confidential and not to use them without written consent from Certified Business Solutions. Any unauthorized use will be charged the fullest amount allowed by law.
This Works for Hire Agreement ("Agreement") is made and entered into as soon as the Client verbally agrees to services and the deposit is made.
Ownership of Work Product
The parties acknowledge and agree that the work product created by Certified Business Solutions LLC in connection with the Services (the "Work Product") shall be deemed a "work made for hire" as that term is defined under the United States Copyright Act, and Client shall be deemed the author and owner of all right, title, and interest in and to the Work Product, including all copyrights and other intellectual property rights therein.
Independent Contractor
Certified Business Solutions LLC is an independent contractor, and nothing in this Agreement shall be construed as creating an employer-employee relationship, partnership, or joint venture between the parties.
Website Development and Service Agreement
This Website Development and Service Agreement (“Agreement”) by and between:
Service Provider: Certified Business Solutions LLC (“Provider”),
and
Client
Provider and Client may be referred to collectively as the “Parties.”
1. Scope of Services
Provider agrees to develop, host, and maintain a website (“Website”) for Client pursuant to the agreed-upon design and functionality outlined in an attached project proposal, if applicable. Ongoing monthly services may include hosting, maintenance, updates, security monitoring, and technical support.
2. Term and Renewal
The initial term of this Agreement shall be for twelve (12) months beginning on the Effective Date. The Agreement will continue on a month-to-month basis during this period and will automatically renew for successive twelve (12)-month terms unless either Party provides written notice of non-renewal at least thirty (30) days prior to the renewal date.
3. Payment Terms
Client agrees to pay Provider a monthly fee per month, due on the 1st of each month. Payments shall be made by credit card to Provider.
Failure to pay within ten (10) days of the due date will constitute a default under this Agreement.
4. Ownership
All source code, website content, designs, and associated materials remain the property of Provider until all payments due under this Agreement have been received in full.
Client shall not acquire ownership of the domain name(s), website files, or hosting account until the account balance is paid in full. Upon final payment, full ownership and rights shall transfer to Client.
5. Suspension of Service for Nonpayment
If Client fails to make payment when due, Provider reserves the right to suspend access to the Website, remove the Website from public access, and/or disable hosting and domain services until payment is received in full.
Suspension does not relieve Client from its obligation to pay all overdue amounts and resume monthly service payments once reinstated.
6. Termination
Either Party may terminate this Agreement upon thirty (30) days’ written notice to the other Party. In the event of termination, all outstanding amounts must be paid in full before Provider will release any files, transfer ownership, or restore website access.
7. Limitation of Liability
Provider shall not be liable for any consequential, incidental, or indirect damages arising out of or in connection with the performance or failure to perform under this Agreement. Provider’s aggregate liability shall not exceed the total fees paid by Client during the three (3) months preceding the claim.
8. Governing Law
This Agreement shall be governed by and construed under the laws of the State of Michigan.
9. Entire Agreement
This Agreement constitutes the entire agreement between the Parties and supersedes all prior oral or written agreements related to the subject matter herein. Any modifications must be in writing and signed by both Parties.
10. Acceptance
By signing below, both Parties acknowledge and agree to the terms and conditions of this Agreement.