All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person, electronically, or deposited in the United States Mail, postage prepaid.
2. Third Party Tools
The requirements for any third-party components, if not mentioned in this document, will be provided by the client.
3. Client Ownership
Once all fees are paid in full, Develare LLC hereby assigns elements of text, graphics, photos, contents, source code, copyright, trademarks, or other artwork furnished to the client.
4. Copyright & Trademark
Develare LLC assumes the client has permission from the rightful owner to use any images or design elements that are provided by the client for inclusion in the website and will hold harmless, protect, and defend Develare LLC from any claim or suit arising from the use of such elements.
Develare LLC retains the right to display graphics and other web content elements as examples of their work in their portfolio and as content features in other projects.
6.1 You Own It Guarantee
On the express condition that your account must be current with all payments, in the event that you provide written notice to discontinue Develare’s services we promise to deliver all necessary passwords within 7-days. If we fail to provide you with all the necessary passwords within 7-days, we will refund your final month of service. If your payments are not current, Develare reserves the right to withhold all passwords until such time as full payment for services provided has been received.
6.2 No Malware Guarantee
We go to great lengths to secure and prevent malware attacks. Develare is continuously improving our services and package offerings to keep the Client site safe. However, in the event that Develare fails to keep malware off of your site we will repair it for free. Eligible clients must have a WP Shield or WP Enhance plan and utilize all hosting and security features that come with those plans. In addition, Client must follow Develare’s guidance to remove any themes or plugins that Develare flags as a security risk.
6.3 Data Protection Guarantee
In the case of server crash or site hack, Develare will be responsible for the retrieval of the entire website from backups for up to 30-days. Eligible clients must have a WP Shield or WP Enhance plan and utilize all hosting and security features that come with those plans. In addition, Client must follow Develare’s guidance to remove any themes or plugins that Develare flags as a security risk.
7. Late Fees
In the event Client fails to pay any invoice of Develare LLC within 90-days of the date of the invoice, Client shall be charged an administrative fee on balance due. This administrative fee represents the reasonable collection costs of a delinquent account. Client hereby agrees and acknowledges that collection costs for accounts more than 90-days past due are reasonable.
Develare LLC or the client may elect to terminate this agreement through cancellation of service online or presentation of 30-day written notice. In such event, Develare LLC will be paid for all services rendered and expenses incurred for monthly fees through the termination date. Services for monthly fees, and accumulated rollover hours are non-refundable. When applicable, existing rollover hours can be used through the termination date.
This agreement becomes effective only when signed or approved through electronic means by agents of client and Develare LLC. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Texas.
Any controversy or claim arising out of or relating to this contract, or the breach of this contract, shall be settled by through the Better Business Bureau’s Dispute Resolution Process. The arbitrator’s decision shall be final and legally binding, and judgment may be entered thereon. In the event that the Better Business Bureau’s Dispute Resolution Process is not available for use, then the venue for any controversy or claim arising out of or relating to this contract, or the breach of this contract shall be Montgomery County, Texas.
The agreement contained in this contract constitutes the sole agreement between client and Develare LLC regarding all items included in this agreement. This Agreement supersedes any prior written or oral agreements between the parties.