Agreement

Website Design and Hosting Agreement

Review the agreement below and submit the signed details to admin@landscapingdomains.com.

Service Description: The service you are paying for is a website template that is licensed on a monthly basis. In addition to receiving the website design license on a monthly basis, you also receive website hosting included with the monthly fee as well. All website updates, backups, maintenance, server updates, and related upkeep are the responsibility of Landscaping Domains.
Design Ownership: The website design is owned by Landscaping Domains and you are simply licensing the design monthly. If you choose to cancel the contract, the website design, layout, photos, content, and functionality are retained by Landscaping Domains. The only exception is client-provided content. If you write content that you want placed on the website, you are free to take this content with you to your new website.
Domain Ownership: The website domain is owned by the client and is not owned or controlled by Landscaping Domains. Your domain registrar will charge a yearly fee for domain ownership which is the responsibility of the client. Landscaping Domains points your domain to our server where your website is hosted, but you will always control and own your domain name.
Plan Inclusions: Your plan includes the website design license, website hosting, website maintenance, website update, server updates, security fixes, and website backup. Your plan includes free unlimited content updates. Please see Content below. Your plan includes updating photos, adding services not on the template using the same design as other service sections, and utilizing the Stripe payment gateway. Other payment options may be used, but these are considered customization time.
Plan Exclusions: Landscaping Domains does not include adding new pages, changing the layout or design elements, changing payment processors, or phone calls to discuss content or customization as part of the standard plan. Any work that is not part of the plan inclusions, as determined by Landscaping Domains, will be billed at a rate of $50/hour. Changing your mind after the work has been completed is also not included, even if you change your mind and pick something that is otherwise included in the plan.
Phone Consultations: Phone calls take significantly more time than email communication. While there is not a charge for phone calls generally speaking, any time spent discussing SEO, pay-per-click advertising, potential layout changes, updates to the website, marketing ideas, or other consultation topics may be billed at $50/hour at our sole discretion.
Content: The content, or text found on the website, can be changed at any time free of charge. However, Landscaping Domains will not write content for you. You can provide written content and where it should be placed, and the website will be updated accordingly. If your content requires layout changes to make things fit, this is considered customization and will be billed at $50/hour. All requested changes and text provided must be done via email.
Contract Term: The contract term is month to month unless you and the company have separately agreed to annual billing. All terms of this agreement go into effect starting the moment you sign the agreement and continue until canceled in writing.
Initial Payment: There is no setup fee and no multi-month deposit. For the standard monthly plan, the first $99 payment is due upfront before work begins. If you have separately agreed to an annual plan, that previously agreed annual payment is due upfront before work begins.
Billing Start Date: The billing start date is the date the initial payment is made. For monthly plans, future billing will recur on the same day each month. For annual plans, future billing will recur on the same date each year unless otherwise agreed in writing.
Monthly Payment: For the standard plan, payment is $99 per month and is billed automatically. If you have separately agreed to annual pricing, the agreed annual amount will be billed on that annual schedule instead. Payment is due in advance for each billing period.
Late Payments: If your credit card payment is declined or your payment is not received for any reason, the website may be temporarily taken down after 7 days past due. An under construction or temporarily unavailable page may be displayed until payment is made.
Branding: The "Powered by landscapingdomains.com" link in the footer is a requirement. If you do not wish to have this link on your website, you agree to pay an additional $10.00 per month for Landscaping Domains to remove the link from the bottom of your website.
Buy Out Pricing: All website designs, including all elements, are available for purchase at a cost of $2,499 per design. However, the buy out price only includes a single use on your personally owned landscaping business. You cannot resell the website designs. Past payments will not be credited toward this $2,499 cost to buy out the website design.
Contract Termination: To terminate your contract, simply email Landscaping Domains that you would like your contract to end. Automatic payments will be canceled and your subscription will finish at the end of your current billing period.
Design Theft: If you cancel your contract, you understand and agree that you cannot use any images that were previously used in the designs in your new website. In addition, you cannot copy the website in any way. If your new website is substantially similar to the design, uses the same content, or reuses any images from the designs, you understand and agree that you will be held immediately liable for the $2,499 buy out pricing.
Limitation of Liability: You agree to hold Landscaping Domains, its officers, owners, shareholders, affiliates, and parent companies harmless from any loss of business due to website downtime, server issues, or any other technical issues arising for any reason. In addition, you agree that the maximum loss sustained while utilizing the service is the monthly fee charged by Landscaping Domains. No customer data, credit cards, customer details, or other important information is stored on the website.
Dispute Resolution: The terms of this agreement and any dispute between the parties shall be governed by the substantive law of the State of Texas. Each party irrevocably agrees that any suit, action, or proceeding arising out of or relating to this agreement shall be exclusively instituted in any court located in Travis County, Texas.
Tech Support: Tech support services are not included. This does not include helping you figure out how to use your email service, update your Facebook page, or perform unrelated technical support tasks.
Marketing: Marketing services are not included with your website design. While the landscaping templates are high quality and optimized for SEO, you will not automatically get traffic to your website without marketing it. Leads will not start coming in until you spend the time or money on marketing to drive traffic. The website design service does not cover updating your URL on Facebook, LinkedIn, or any external website.

Your Name Your Email Sign Full Legal Name Agreement Effective Date

Check the box to indicate that you understand and agree that there is no setup fee or multi-month deposit, but the first billing period must be paid upfront before work begins. Check the box to indicate that you understand and agree that all content, text, and customization updates you want on the website must be provided via email and that we will not make changes to your website while talking to you on the phone. Check the box to indicate that you understand and agree that marketing services are not included with your landscaping website. While the designs are high quality and optimized for SEO, your website will likely not receive much traffic or generate leads without spending time or money on marketing and this service is not included as part of your website. Check to agree and digitally sign. Electronic signatures are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.