This Agreement is made between SuperPixel, having their principal place of business at 212 W 10th Street, Ste. B-455, Indianapolis, IN and you.
You, the signer of this contract, are hiring us, SuperPixel LLC, to design and develop a website and other appropriate marketing materials as needed for the estimated total price as outlined in our previous correspondence or quote sheet. This may be an email or sell sheet.
This agreement is made between SuperPixel LLC, located at 212 W 10th Street, Ste. B-455, Indianapolis, IN 46202, and you. You, the signer of this contract, are hiring us to design and develop a website and other marketing materials as-needed for the amount outlined in our quote sheet.
Your rate includes services outlined in your quote sheet. We agree to review time spent vs. usage every 9-12 months and resolve high or low usage as necessary and as agreeable to both parties. Once budgeted time is exhausted, additional time may be purchased for $100/hour. We will work with you to ensure your account is equitable and reasonable for both of us. Payments are due within 14 days of issue. Late fees may apply for late payments.
What do you agree to do?
You affirm you have the power to enter into this contract on behalf of yourself and/or your organization. You agree to provide us with text, photos, videos, and other media as we need it to complete the project. You agree to sign off on planning documents and media as we move through this project in a timely manner. You agree to adhere to our payment schedule. You agree to be consistent and flexible in unforeseen changes.
You affirm you hold the legal rights and copyrights to media you supply to us. We are not responsible for damages if media supplied by you is not under your copyright.
You agree to be our primary contact in matters of design decisions and authority.
You assume copyrights to work we do after 6 months of fulfilled, on-time payments.
What do we agree to do?
We affirm the ability to perform services you need from us in a professional and timely manner to the best of our ability. We are not responsible for missed deadlines if you are delayed in signing approvals or providing needed materials. We agree to host your website. We make every effort to maintain that server at peak performance, but is ultimately managed by a third party data center and we are not responsible for outages. If you host and/or maintain your domain registration and website, we are not responsible for failures, outages, and missed billings.
We will maintain the confidentiality of your work and information you give to us.
We agree to create designs, branding, layout, and functionality of your website and related media. We will revise mockups up to 2 times, but we reserve the right to terminate this contract if we find our relationship isn’t working well.
We agree to work within all applicable laws of Indiana and the United States. We agree to uphold copyright protections and trademarks where applicable.
We will test your website within the means of modern, company-supported browsers less than 3 years old. Internet Explorer is no longer supported. Microsoft now supports only Edge.
Legal Disclaimer & Payments
We can’t guarantee the functions contained in any web page or site will always be error-free, so we can’t be liable to you or any third party for damages, including lost profits, lost savings, or other incidental, consequential, or special damages arising out of or inability to operate this website any other pages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
This contract is non-transferable. If you opt to discontinue service with SuperPixel, a kill-fee is required in the amount of 80% of the remaining value of the first 12 months of payment. This is fee is waived only if you paid us at least 80% of 12 months of service with SuperPixel. SuperPixel reserves the right to terminate contracts at our discretion, but we won’t require a kill-fee. For flat rate work, if you wish to discontinue service, money paid is not required to be refunded. SuperPixel retains the rights to all of our work until final payment is made. You are always entitled to ownership if your domain name and domain-hosted emails. SuperRefresh payments are non-refundable.
SuperPixel reserves the right to withhold or pause service, server space, bandwidth, and other resources tangible and time-based if payment is late or not received. SuperPixel also reserves the right to request pricing adjustments after every 12 months, depending on the amount of work being requested and delivered. SuperPixel may terminate a contract, with no money owed to the client, if a client declines to adjust work or payment after 12 months.
Although the language of this contract is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Indiana and U.S. Courts.