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Web Design Service Agreement

Muskogee Web Design Service Agreement

DEFINITIONS

Client-Provided Material
Refers to digital designs, photos, drawings, renderings, strategies, and technology that the Client owns, is authorized to use, or legally controls. These materials are required by Muskogee Web Design to perform the agreed-upon services

Deliverables
Refers to the website design, development, or search engine optimization (SEO) services provided by Muskogee Web Design.

Muskogee Web Design Materials
Includes all proprietary or pre-existing materials created by Muskogee Web Design, including but not limited to: concepts, sketches, initial copy, artwork, type, proprietary information, data, technology, methodologies, software code, documentation, tools, interfaces, trade secrets, intellectual property, and other proprietary assets. This also encompasses any inventions, trademarks, and works of authorship used or developed during service performance. Excluded from this definition are Third-Party Materials, unless Muskogee Web Design Materials are incorporated within them.


Intellectual Property Rights
Covers all current and future rights worldwide, including but not limited to:

  1. Copyrights, moral rights, mask work rights, and other related rights.
  2. Trademarks, trade names, and service marks.
  3. Trade secrets and proprietary rights arising from law or contract.
  4. Patents, patentable inventions, industrial designs, algorithms, and related rights.
  5. Any other intellectual or proprietary rights recognized under applicable law, contract, or license.


Services
Refers to any of the following provided by Muskogee Web Design under this agreement:

  1. Website design and development
  2. Search engine optimization (SEO)
  3. Conversion optimization
  4. Website management
  5. Website application integrations and installations


Third-Party Materials
Refers to proprietary assets, including concepts, artwork, data, technology, software, hardware, documentation, tools, interfaces, trade secrets, trademarks, and other intellectual property owned by entities other than Muskogee Web Design or the Client.

Third-Party Applications (Apps)
Refers to software applications owned by third parties, used to add custom features to a website, and not owned by Muskogee Web Design or the Client.

AGREEMENT ACKNOWLEDGMENTS

  1. This Agreement is effective as of the date of the Client’s online purchase and is made between the Client (hereinafter referred to as the "Client") and Muskogee Web Design.
  2. By purchasing the service(s), the Client acknowledges that they have read, understood, and agreed to the terms set forth in this Agreement.
  3. In consideration of the Client retaining Muskogee Web Design for the provision of service(s), the Client agrees to the following terms:


TERMS

  1. By purchasing a service(s) or plan(s), the Client retains Muskogee Web Design to perform the service(s) as detailed on www.muskogeewebdesign.com.
  2. The initial term of this Agreement shall be twenty-four (24) months from the date of purchase. After this period, the Agreement shall automatically renew on a monthly basis unless the Client provides written notice of non-renewal before the renewal date.


CLIENT RESPONSIBILITIES

  1. Account Access: The Client is solely responsible for providing all necessary usernames and passwords required for Muskogee Web Design to launch or manage the Client’s website. Failure to provide these credentials within:
  2. 30 days may result in a $25 fee.
  3. 60 days may result in an additional $25 fee.
  4. 90 days may result in termination of the Agreement at Muskogee Web Design’s discretion.
  5. Content Submission: The Client must provide all content, text, and graphics in an appropriate file format unless Muskogee Web Design is explicitly hired for content creation. Failure to provide these materials within:
  6. 30 days may result in a $25 fee.
  7. 60 days may result in an additional $25 fee.
  8. 90 days may result in termination of the Agreement.
  9. Client-Provided Materials: The Client agrees to supply all necessary materials and information as requested by Muskogee Web Design. The Client affirms they own, have authorization to use, or otherwise legally control these materials. If the Client does not meet this requirement, Muskogee Web Design reserves the right to terminate the Agreement without refund.
  10. E-Commerce Requirements: The Client must provide all product prices, graphics, and descriptions for any e-commerce services.
  11. Communication: The Client agrees to actively engage in communication with Muskogee Web Design’s team regarding purchased services. If there is a communication gap exceeding 90 days, Muskogee Web Design may terminate services without issuing a refund.
  12. Content Liability: The Client is fully responsible for all content uploaded, posted, or stored through the services provided, including text, images, graphics, videos, and other materials. The Client must ensure that content complies with all applicable laws.
  13. Prohibited Use: The Client agrees not to use Muskogee Web Design’s services for any unlawful activity, including but not limited to:
  14. Illegal, fraudulent, defamatory, obscene, or harassing content.
  15. False representation of identity or impersonation of others.
  16. Violations of privacy, copyright, trademarks, or intellectual property rights.
  17. Advertising, solicitation, spam, pyramid schemes, or any disruptive activity without prior written approval from Muskogee Web Design.
  18. Uploading harmful software such as viruses, trojans, or worms.
  19. Disclosures & Archiving: The Client is responsible for including all legally required disclosures on their website and for regularly archiving their content. Muskogee Web Design is not responsible for lost or unrecoverable data.
  20. Terms of Service: It is the sole repsonibilty of the client to review these terms of service. The client understands and acknowledges that these terms may be changed by Muskogee Web Design at any time and that it is the sole repsonsibility of the client to review these terms regularly.


PERFORMANCE & LIABILITY

  1. Performance Limitations: The Client agrees to hold Muskogee Web Design, its owner (Matthew McWaters), employees, contractors, and service providers harmless from any performance-related issues arising from factors outside Muskogee Web Design’s control, including but not limited to:
  2. Acts of God
  3. Issues not reported to Muskogee Web Design
  4. Problems related to the Client’s domain registrar, email provider, third-party providers, sales channels, or social media platforms
  5. Service Use Risks: The Client agrees to hold Muskogee Web Design and its affiliates harmless from any issues that arise from the use of services provided under this Agreement.
  6. Revenue Loss Disclaimer: Muskogee Web Design shall not be held liable for any loss of revenue, regardless of the reason.


PAYMENTS

  1. All payments must be processed online through Muskogee Web Design’s designated payment portal, which may include Stripe, PayPal, Square, or any other approved payment processing service.
  2. Muskogee Web Design does not accept payments via checks, money orders, or cash.
  3. If legal action is required to collect outstanding payments under this Agreement (or multiple agreements resulting from multiple service purchases), the Client shall be responsible for all collection costs, including attorney’s fees and other legal expenses incurred by Muskogee Web Design.
  4. Muskogee Web Design will not perform any service(s) unless purchased by the Client, unless explicitly approved as a donation by Muskogee Web Design’s Owner or CEO.
  5. If the Client fails to make monthly payments for 60 consecutive days, Muskogee Web Design will terminate the associated service(s) immediately on the 60th day. The remaining balance for the full 24-month term will become due in full and must be paid within 30 days of service termination.


LATE FEES

  1. The Client agrees to pay a $29 late fee if a monthly subscription payment is not received within 10 days of its due date.


REFUNDS

  1. Full Refund Eligibility: If work on a website has not begun or been initiated within Muskogee Web Design’s platform, the Client is entitled to a 100% refund, minus a $99.99 service fee and any applicable online transaction/processing fees.
  2. Partial Refund Eligibility: If work has begun within Muskogee Web Design’s platform but is not completed, the Client may receive a partial refund based on the percentage of work completed, minus a $99.99 service fee and any applicable online transaction/processing fees.
  3. No Refund Policy for Completed Websites: If the website has been completed, or launched, or hosted, connected to a domain, or otherwise finalized within Muskogee Web Design’s platform, no refund will be provided under any circumstances.
  4. Refund Requests: The Client must submit a written refund request via email within 30 days of the initial purchase date to be considered eligible for a refund.
  5. Third-Party Refund Disputes: If the Client disputes a charge directly through a third-party payment portal (e.g., PayPal, Stripe, Square, or other payment services), Muskogee Web Design will provide the payment provider with the terms of this Agreement. If the payment provider grants a refund to the Client despite these terms, the Client will still be liable for the outstanding payment based on the refund policy outlined above, minus a $99.99 service fee and any applicable online transaction/processing fees.
  6. Non-Refundable Services: The Client understands and agrees that all other services provided by Muskogee Web Design under this Agreement are non-refundable.
  7. Non-Refundable Fees: All sign-up fees, consultation fees. subscription fees, installation fees, and processing fees are non-refundable.


CLIENT ACCOUNT INFORMATION

  1. Muskogee Web Design will retain login credentials for the Client’s account for 90 days after the website launch. After this period, all stored account login information will be permanently deleted.
  2. The Client acknowledges and agrees that Muskogee Web Design does not have access to the Client’s username or password for Muskogee Web Design’s platform or any related application services. Protecting this information is solely the Client’s responsibility.
  3. The Client agrees to hold Muskogee Web Design harmless from any account security breaches, including unauthorized access to usernames or passwords related to Muskogee Web Design’s platform or any third-party applications or services.


THIRD-PARTY REPRESENTATIVES OR AGENCIES

  1. The Client may authorize a third-party individual or agency to represent their business. However, Muskogee Web Design must receive written notice and approval from the Client before engaging with any third-party representatives.
  2. Muskogee Web Design reserves the right to reject design requests from third-party representatives or agencies if such requests:
  3. Negatively impact website traffic, online visibility, or conversion rates.
  4. Are deemed not in the best interest of the Client.


WEB DESIGN SERVICES

  1. By purchasing a web design service, the Client agrees to pay the listed amount on www.muskogeewebdesign.com at the time of purchase and enters into a 24-month service agreement.
  2. If the Client terminates the agreement by canceling subscription payments or failing to make a payment before the 24-month term is completed, the Client will be charged a $299 early termination fee. Additionally, the remaining balance for the 24-month term must be paid in full within 30 days of termination.
  3. The Client agrees to hold Muskogee Web Design harmless from any impact on revenue, site traffic, or conversions resulting from web design services provided under this Agreement.
  4. Muskogee Web Design reserves the right to reject any web design project at its sole discretion and is not obligated to provide a reason for rejection.


E-COMMERCE WEB DESIGN

  1. By purchasing an E-Commerce Web Design Service, the Client agrees to pay the listed amount on www.muskogeewebdesign.com at the time of purchase and enters into a 24-month service agreement.
  2. If the Client terminates this agreement by canceling the subscription payment or failing to make a payment before the 24-month term is completed, the Client will be charged a $399 early termination fee. Additionally, the remaining balance for the full 24-month term must be paid in full within 30 days of termination.
  3. The Client agrees to hold Muskogee Web Design harmless from any impact on revenue, site traffic, or conversions resulting from E-Commerce web design services provided under this Agreement.


E-COMMERCE DIGITAL MARKETING & ADVERTISING

  1. The Client understands and agrees that they may create digital marketing advertisements for Facebook and Google through Muskogee Web Design’s e-commerce platform. By using this platform:
  2. The Client authorizes Muskogee Web Design’s platform to create and post advertisements on Google and Facebook on their behalf.
  3. The Client agrees to pay Google or Facebook directly for any fees associated with ad campaigns.
  4. The Client is responsible for creating and managing a Google or Facebook account necessary to run the advertisements.
  5. Failure to pay Google or Facebook for ad campaigns may result in the suspension of the Client’s ads by those platforms.
  6. Muskogee Web Design is not liable for any loss of advertisement time, revenue, or any other financial losses related to the use of third-party advertising providers.
  7. Muskogee Web Design does not guarantee that advertisements on Google or Facebook will increase sales, site traffic, or conversion rates.
  8. The Client agrees to hold Muskogee Web Design harmless from any impact on revenue, site traffic, or conversions resulting from digital marketing campaigns created through Muskogee Web Design’s e-commerce platform.


E-COMMERCE SALES CHANNELS & INTEGRATIONS

  1. Sales channels such as Facebook, Instagram, Google Shopping, Square, eBay, and Amazon are included with the purchase of an e-commerce website. However, the Client acknowledges that:
  2. The apps used to connect these sales channels or the sales channels themselves may charge a monthly fee.
  3. If a sales channel requires a fee, the Client agrees to pay the fee directly to the service provider.
  4. Muskogee Web Design is not responsible for any fees associated with these sales channels.
  5. The Client agrees to create and set up an account with each sales channel before Muskogee Web Design will connect the account(s) to the e-commerce platform.
  6. The Client grants Muskogee Web Design permission, at its discretion or upon the Client’s request, to post information to the Client’s sales channels.
  7. The Client agrees to hold Muskogee Web Design harmless from any impact on revenue, site traffic, or conversions resulting from sales channel integrations performed by Muskogee Web Design.
  8. Muskogee Web Design is not responsible for any downtime, service interruptions, or other issues caused by the sales channels that may affect revenue, site traffic, or conversions.


RIGHT TO REJECT E-COMMERCE PROJECTS

  1. Muskogee Web Design reserves the right to reject any e-commerce design project at its sole discretion and is not required to provide a reason for rejection.


WEBSITE APPLICATIONS

  1. By purchasing a Website Application, the Client agrees to a minimum 24-month service term and commits to paying the monthly service fee for the full duration of the term.
  2. If the Client terminates this Website Application Service Agreement before the 24-month term by canceling subscription payments or failing to make a payment, the Client will be charged a $99 early termination fee. Additionally, the remaining balance for the full 24-month term must be paid within 30 days of termination.
  3. The Client agrees to hold Muskogee Web Design harmless from any impact on revenue, site traffic, or conversions resulting from website application integrations or installations performed by Muskogee Web Design.
  4. The Client acknowledges that website applications may be provided by third-party vendors or providers.
  5. The Client understands that refunds for website applications will not be issued due to third-party refund policies and guidelines.
  6. Website applications are available only for websites designed and developed by Muskogee Web Design. If the Client transfers the website to another web design agency, the applications may no longer be available.
  7. The Client acknowledges that third-party web application providers may terminate their services at any time for any reason. If this occurs, Muskogee Web Design will work with the Client to find and install a similar application. However, Muskogee Web Design cannot guarantee that the replacement application will have the same features or functionality as the previous application provider.
  8. The Client agrees to hold Muskogee Web Design harmless from any termination of services by third-party website application providers.


WEBSITE MANAGEMENT SERVICES

  1. By purchasing a Website Management Service, the Client agrees to a minimum 24-month service term and commits to paying the monthly service fee for the full duration of the term.
  2. If the Client terminates this Website Management Service Agreement before the 24-month term by canceling subscription payments or failing to make a payment, the Client will be charged a $99 early termination fee. Additionally, the remaining balance for the full 24-month term must be paid within 30 days of termination.
  3. The Client agrees to hold Muskogee Web Design harmless from any impact on revenue, site traffic, or conversions resulting from website management services performed by Muskogee Web Design.
  4. All requests for website updates or changes must be submitted via email to Muskogee Web Design.
  5. The Client is responsible for providing all necessary content, graphics, links, and digital materials required for updates. Additionally, the Client must provide clear and specific instructions for the requested changes.
  6. Muskogee Web Design considers the following tasks within the scope of website management:
  7. Content updates
  8. Graphic updates
  9. Video uploads
  10. New pages
  11. Ad landing pages
  12. Website sections
  13. Personalization
  14. Progressive web applications
  15. Menu organization or structure
  16. Product/service changes
  17. Business contact information updates
  18. The following tasks are not covered under website management services:
  19. Off-site search engine optimization (SEO)
  20. Social media page setup
  21. Domain registration
  22. Email plans or email account set up
  23. Email marketing
  24. Content writing
  25. Facebook or Google Ads
  26. Marketing consultation
  27. The Client acknowledges that website management services are billed based on an hourly rate. If the Client exceeds the allocated hours in their subscribed plan, additional hours will be billed separately at the current hourly rate.
  28. Muskogee Web Design reserves the right to reject any requested website changes that may negatively impact SEO, conversion rates, site traffic, or overall usability.
  29. The Client understands that website updates may take up to 24-48 business hours or longer to complete, depending on the complexity of the request.
  30. Website management services are available only for websites designed and hosted on Muskogee Web Design’s platform. Muskogee Web Design will not provide website management services for websites developed by another agency or freelancer.
  31. Muskogee Web Design reserves the right to reject content that falls under the following categories:
  32. Pornography
  33. Sexually explicit content
  34. Content that does not align with Muskogee Web Design’s moral code of ethics
  35. The Client agrees to hold Muskogee Web Design harmless from any negative effects resulting from client-initiated website updates or changes, including but not limited to:
  36. Reduced sales
  37. Decreased page speed or load times
  38. Negative SEO impacts
  39. Any other adverse effects on services provided by Muskogee Web Design
  40. The Client agrees to hold Muskogee Web Design harmless from any website management services performed that result in an increase or decrease in revenue, site traffic, or conversion rates.


REQUESTS FOR UPDATES OR CHANGES

  1. The Client acknowledges that Muskogee Web Design charges a $95 hourly service fee for website updates and changes unless the Client has an active Website Management Plan that covers the requested updates.
  2. The Client understands that website updates may impact revenue, site traffic, and conversions, and Muskogee Web Design will not be held liable for such changes.
  3. The Client agrees to hold Muskogee Web Design harmless from any increase or decrease in revenue, site traffic, or conversions resulting from updates performed by Muskogee Web Design.
  4. Muskogee Web Design reserves the right to reject content that includes but is not limited to:
  5. Pornography
  6. Sexually explicit material
  7. Any content that does not align with Muskogee Web Design’s moral code of ethics


SELF-MANAGED WEBSITES

  1. The Client acknowledges that Muskogee Web Design reserves the right to disable or deactivate the Client’s website if the Client publishes prohibited content, including:
  2. Pornography
  3. Sexually explicit material
  4. The Client understands that self-management of a website may result in changes in revenue, site traffic, or conversions, and Muskogee Web Design will not be held liable for such outcomes.
  5. The Client agrees to hold Muskogee Web Design harmless from any increase or decrease in revenue, site traffic, or conversions resulting from the Client’s own website management actions.
  6. If the Client damages, crashes, or disrupts website functionality and requires Muskogee Web Design to fix the issue, the Client will be billed at a rate of $95 per hour for the necessary repairs.


SEARCH ENGINE OPTIMIZATION (SEO)

  1. The Client acknowledges that Muskogee Web Design has no control over how search engines index, rank, or retrieve website data.
  2. Muskogee Web Design will optimize the Client’s website based on current best practices as defined by Google’s SEO guidelines.
  3. Muskogee Web Design does not guarantee that the Client’s website will appear on the first page of search engine results.
  4. The Client understands that SEO results may take six (6) months or longer to become evident.
  5. The Client understands that previous penalties issued by the search engine providers can negatively effect Muskogee Web Design's SEO efforts and that it may take one (1) year or longer to see results.
  6. The Client agrees to hold Muskogee Web Design harmless from any fluctuations in search rankings resulting from SEO services performed by Muskogee Web Design.
  7. The Client agrees to hold Muskogee Web Design harmless from any increase or decrease in revenue, site traffic, or conversions resulting from SEO services provided.


CONVERSION OPTIMIZATION (SEO)

  1. The Client acknowledges that Muskogee Web Design will optimize the Client's website based on industry leading best practice guideline for conversion optimization.
  2. Muskogee Web Design does not guarantee that the Client’s website will convert visitors into paying customers.
  3. The Client understands that conversion optimization results may take six (6) months or longer to become evident.
  4. The Client agrees to hold Muskogee Web Design harmless from any fluctuations in conversion rates.
  5. The Client agrees to hold Muskogee Web Design harmless from any increase or decrease in revenue, site traffic, or conversions resulting from conversion optimization services provided.


DOMAIN NAME RECORDS

  1. The Client agrees to provide Muskogee Web Design with access to all domain name records associated with their website, including the username and password for each relevant domain.
  2. The Client authorizes Muskogee Web Design to update DNS records to properly connect the domain name to the hosting provider and agrees to hold Muskogee Web Design harmless for any DNS changes made.
  3. Muskogee Web Design will not alter any other domain-related information that is unrelated to the DNS configuration for hosting purposes.
  4. If the Client requires DNS changes beyond hosting setup, they must contact their domain name provider to request such modifications.
  5. If the Client’s current domain provider does not allow access to DNS records, the Client has 30 days to transfer the domain to a provider that allows modifications. Preferred domain providers include:
  6. LucidDMS.net
  7. GoDaddy
  8. HostGator
  9. Bluehost
  10. HostMonster
  11. If the Client hires Muskogee Web Design to transfer the domain name, a $95 transfer fee will apply.


DESIGN, STYLING, AND LAYOUT AUTHORITY

  1. The Client acknowledges and agrees to grant Muskogee Web Design full authority over the design, styling, and layout of the Client’s website.
  2. The Client understands that Muskogee Web Design will develop the website’s design, styling, and layout in accordance with industry-leading best practices to ensure optimal functionality, user experience, and aesthetics.
  3. If the Client rejects or requests changes to a specific design, styling, or layout, Muskogee Web Design will provide the Client with a rationale and explanation for its design decisions.
  4. If Muskogee Web Design determines that the requested design, styling, or layout changes will not negatively impact site traffic, visitor engagement, or conversion rates, the requested changes will be implemented.
  5. If Muskogee Web Design determines that the requested design, styling, content, or layout changes may negatively impact site traffic, visitor engagement, or conversion rates, the request will be denied. Muskogee Web Design will provide the Client with a written explanation outlining the reasons for rejecting the requested changes.


MONITORING

  1. Muskogee Web Design reserves the right to monitor the Client’s website and content periodically. However, unless specifically hired for website management services, Muskogee Web Design is not obligated to perform regular content monitoring.
  2. Muskogee Web Design may disclose any necessary information to comply with legal obligations, protect its business or clients, or ensure the proper operation of the services.
  3. At its sole discretion, Muskogee Web Design may refuse to post, remove, or modify any content deemed unacceptable, inappropriate, illegal, or in violation of this Agreement.


WEBSITE ANALYTICS

  1. The Client understands that website analytics data is provided on an ongoing basis, but Muskogee Web Design is not responsible for any marketing decisions the Client makes based on the provided data.
  2. The Client agrees to hold Muskogee Web Design harmless from any increase or decrease in revenue, site traffic, or conversions resulting from marketing decisions based on website analytics data.
  3. Website analytics services are exclusively available for websites built and hosted on Muskogee Web Design’s platform. Website analytics will remain available only while the website is hosted by Muskogee Web Design.


LEGAL DISCLAIMERS, PRIVACY NOTICES, AND LEGAL WAIVERS

  1. The Client agrees to provide Muskogee Web Design with all necessary legal disclaimers, privacy notices, legal waivers, and licensing information required for the Client’s website or as mandated by state and federal law.
  2. The Client agrees to hold Muskogee Web Design and its owner harmless from any legal actions, disputes, or liabilities arising from the use or misuse of legal disclaimers, privacy notices, legal waivers, or any other legal documentation placed on the Client’s website.


INTELLECTUAL PROPERTY RIGHTS

  1. The Client grants Muskogee Web Design a royalty-free, non-exclusive, non-transferable license to use and modify Client-provided materials or content solely for the purpose of performing services and developing the purchased deliverables.
  2. The Client represents and warrants that they have obtained all necessary permissions, licenses, and consents to provide the materials or content to Muskogee Web Design and have full legal authority to do so.
  3. The Client acknowledges and agrees that all websites and e-commerce websites designed and developed by Muskogee Web Design remain the intellectual property of Muskogee Web Design. These may not be copied, redistributed, republished, transferred, or recreated without the express written consent of Muskogee Web Design’s owner.
  4. Upon completion of the 24-month service term, ownership of the website and/or e-commerce website transfers to the Client.
  5. Any rights not expressly granted in this Agreement are reserved by Muskogee Web Design.


MUSKOGEE WEB DESIGN’S USE OF DELIVERABLES FOR ADVERTISING & MARKETING

  1. Subject to the confidentiality provisions in this Agreement, the Client grants Muskogee Web Design permission to showcase images, descriptions, and features of the completed deliverables for sales and marketing purposes.
  2. The Client agrees to allow their website’s name, URL, and business name to be included in Muskogee Web Design’s promotional materials, portfolios, and case studies.
  3. The Client grants Muskogee Web Design permission to link to the Client’s website from Muskogee Web Design’s website and vice versa.


CONFIDENTIALITY

  1. Definition of Confidential Information: Each party (the “Disclosing Party”) may disclose confidential or proprietary information to the other party (the “Receiving Party”) in relation to this Agreement. Confidential Information includes but is not limited to:
  2. Technical, marketing, financial, employee, and business planning information
  3. Any information marked as confidential or proprietary
  4. Any other information that a reasonable person would understand to be confidential given the nature of the disclosure
  5. Confidential Information does not include information that:
  6. Was already in the Receiving Party’s possession before disclosure
  7. Becomes publicly available through no fault of the Receiving Party
  8. Is authorized for release by written consent of the Disclosing Party
  9. Is lawfully disclosed to the Receiving Party by a third party without confidentiality obligations
  10. Is independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information
  11. Protection of Confidential Information:
  12. The Receiving Party will not use Confidential Information for any purpose other than fulfilling its obligations under this Agreement.
  13. The Receiving Party may only disclose Confidential Information to employees, agents, officers, auditors, regulators, or contractors on a need-to-know basis.
  14. All individuals receiving Confidential Information must be bound by confidentiality agreements that are at least as restrictive as this Agreement.
  15. The Receiving Party must take reasonable precautions to protect Confidential Information from unauthorized use, access, or disclosure, applying the same level of care it uses to protect its own confidential data.
  16. If required by law or a court order, Confidential Information may be disclosed. However, if possible, the Receiving Party must provide advance written notice to the Disclosing Party, allowing time to seek legal protection such as a protective order.
  17. Remedies for Unauthorized Disclosure: Unauthorized disclosure or misuse of Confidential Information may cause irreparable harm to the Disclosing Party. In such cases:
  18. The Disclosing Party has the right to seek immediate injunctive relief to prevent further disclosure or misuse.
  19. The Disclosing Party does not need to post a bond to obtain injunctive relief.
  20. The Disclosing Party retains the right to pursue any additional legal remedies available under applicable law.


LIFETIME WARRANTY

  1. Scope of Warranty: Muskogee Web Design provides a limited lifetime warranty on the development and design of a website or e-commerce website, provided that:
  2. The website remains hosted with Muskogee Web Design.
  3. All payments associated with the website are current and up to date.
  4. Warranty Limitations: The lifetime warranty does not cover:
  5. User errors or issues caused by clients self-managing their website.
  6. Third-party applications or API services integrated into the website.
  7. Cyberattacks, hacking incidents, or other security breaches.
  8. Search engine rankings, search results, search traffic volumes, or conversion rates.
  9. Schema markup language implementation or how search engines interpret and display schema data.
  10. Google Analytics or related tracking tools.
  11. Payment gateway services or the integration of third-party payment providers.
  12. Sales channel providers, including but not limited to Amazon, Facebook, TikTok, X (formerly Twitter), Instagram, and eBay.
  13. Automated tax settings in an e-commerce store.
  14. Content created by the client or content generated by artificial intelligence.
  15. Images provided by the client that are placed on the website by Muskogee Web Design.
  16. Good Faith Support: If a technical issue arises that is not excluded under the above limitations, Muskogee Web Design will make a good faith effort to resolve the issue free of charge.
  17. Warranty Disclaimer: Muskogee Web Design makes no express or implied warranties, including but not limited to:
  18. Merchantability or suitability for a particular purpose.
  19. Uninterrupted or error-free operation of the website.
  20. Warranty Voidance: This lifetime warranty becomes void if the Client is more than 90 days past due on any payment associated with the website or the client is self-managing the website.


LIMITATION OF LIABILITY

  1. Exclusion of Damages: Muskogee Web Design, its employees, officers, representatives, service providers, suppliers, licensors, and agents shall not be liable for any:
  2. Direct, special, indirect, incidental, exemplary, punitive, or consequential damages.
  3. Loss of use, loss of profits, or loss of data, whether in contract, tort (including negligence), or otherwise.
  4. No Liability for External Factors: Muskogee Web Design shall not be liable for any claims arising from:
  5. Use or inability to use the website or its content.
  6. Errors, omissions, or inaccuracies in the website’s content, software, or transactions.
  7. Costs incurred for procuring alternative services.
  8. Unauthorized access or alterations to the Client’s data or transmissions.
  9. Third-party conduct on the website.
  10. Delays or performance failures resulting from force majeure events, including but not limited to:
  11. Acts of God
  12. Natural disasters
  13. Communication failures
  14. Government actions
  15. Wars, strikes, labor disputes, riots, or material shortages
  16. Terrorism or vandalism
  17. Non-performance by third parties
  18. Any other events beyond Muskogee Web Design’s reasonable control
  19. Client’s Sole Remedy: If the Client is dissatisfied with the website or its services, the only available remedy is to cease using the website and terminate the agreement.
  20. Limitation of Financial Liability: If any part of this limitation of liability is found to be unenforceable, Muskogee Web Design’s total aggregate liability under this Agreement shall not exceed one hundred dollars ($100).



INDEMNIFICATION

  1. The Client agrees to indemnify, defend, and hold harmless Muskogee Web Design, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising from:
  2. Any violation of this Agreement by the Client.
  3. Negligent, wrongful, or unlawful conduct by the Client or any person accessing the website through the Client’s account.


CHOICE OF LAW

  1. Any dispute, controversy, or claim arising from or relating to this Agreement—including its breach, termination, or validity—shall be governed by the laws of the State of Oklahoma, as in effect on the date of purchase.
  2. The exclusive venue for any legal proceedings shall be Muskogee, Oklahoma, USA.


MISCELLANEOUS

  1. Any claim or cause of action related to the services provided under this Agreement must be filed within one (1) year from the date the claim or cause of action arises; otherwise, it shall be permanently barred.
  2. Muskogee Web Design’s failure to enforce any provision of this Agreement shall not be considered a waiver of its rights or future enforcement of that provision.
  3. No course of conduct between the parties, nor any industry trade practice, shall modify any terms of this Agreement.
  4. Muskogee Web Design reserves the right to assign its rights and obligations under this Agreement to any third party at any time without prior notice to the Client.
  5. Any rights not explicitly granted in this Agreement are reserved.


Contact Information
For any questions regarding this service agreement, please contact us at:
Muskogee Web Design

(918) 351-1258