We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what, and when, and what will happen if something goes wrong. In this contract, you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.
In a Nutshell
You are hiring Genie in a Website to build, host and care for a new website for your business, for the agreed-upon price of $295 per month. Until cancellation, you will continue to use our services month to month for the cost of $295 per month, which can be canceled at any time with a one-payment notice in writing.
What do Both Parties Agree to
You have the authority to enter into this contract on behalf of yourself, your company, or your organization. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound to keep the project moving speedily. You also agree to stick to the payment schedule set out by the terms of the subscription billing.
Genie in a Website
We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that, we’ll maintain the confidentiality of everything you give us.
Initial Website Launch Timeline
Our typical development time is approximately two to three weeks from when all require information and assets are received from you. Add-on services may add to the timeline to launch. Your typical reply times to correspondence from us should be no more than one business day. Any wait time beyond this may add additional time to the project being launched. Our development time is accounting for our deliverability but does not account for any additional time added to the project by the client requesting more multiple revisions or lacking in communication. These extenuating factors will delay your launch timeframe.
What Will be Included in the Website Build
Initial website development includes custom header/footer/fonts/design elements, on-page SEO, mobile/tablet optimization, and custom contact forms. Our websites are built on a website framework honed from working on over 500 website projects, and incorporate best-practices in terms of layout, usability and conversion science. We will allow customers to ask for aesthetic design changes. However, design changes that require not using our website framework and custom coding from scratch will need to be quoted for the additional development work.
You may request up to three rounds of revisions of our initial homepage design concept. Once the initial design concept (the home page) is approved, the rest of the website will be built with the same design and functionality. Any revisions requested after the initial design concept has been accepted will extend the time it takes to go live with your website.
What Will be Included in the Monthly Maintenance
Premium web hosting, security certificates (HTTPS), 3rd party daily backups, uptime monitoring, automated security checks, automated performance checks, plugin updates, theme updates, WordPress updates, unlimited content edits, unlimited support available when you need it!
On the GenieSite Pro plan, you can request updates to your website anytime. We will respond to your request within one business day (typically much less!). Standard wishes (e.g. editing the content on a page or swapping out an image) are typically completed by the end of the next business day when received on a business day. If a request will take longer than that (very large or complex wishes), we will inform you of the estimated completion date within one business day.
Wishes are completed in the order they are received. You can mark a wish urgent to move it to the top of your wishlist. Wishes that require info or assets from you to grant will be marked PAUSED in the Wish Tool, and are not considered In Queue until that request is resolved.
Wishes include any content updates to areas of your website. Designing new graphics or layouts, and coding new functionality that your website does not currently have, are not able to be completed as Wishes. We can quote some design and coding jobs separately for you on request.
You will have a go-to team member that will be your primary line of communication during the website design phase. Your assigned project manager will be your primary line of communication. After your website is live, you will be able to submit any update requests (wishes) to our entire support team through the Wish Tool. You are expected to communicate with us in a timely manner in order for us to keep our ideal turnaround times for your wishes.
We’ll carry out our work in accordance with good industry practice and at the standard expected from a qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and 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, even if you’ve advised us of them. Your liability to us will also be limited to the number of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings, or other incidental, consequential or special damages, even if we’ve advised you of them.
You have a complete and unrestricted ownership of any content (brand imagery, text copy etc) either provided by you for upload into your website, or created for your website. If you cancel this monthly service, Genie in a Website will no longer serve your content to website visitors on our platform.
We can prepare a backup zip of your website for use after cancelling our managed website service. The cost for this service is $1000. The website will require you to purchase licenses for the tools and plugins that we use pro plugins for, and some functionality won’t be available that is proprietary to our internal hosting environment. We can’t make any guarantees about how it will function and perform in a new hosting environment. Your new web development team will need to install and troubleshoot any issues.
You will not however be given ownership of the underlying frameworks and systems we use to develop websites, and will not be able to use the theme, underlying frameworks or systems to create any additional or derivative websites other than the original website we developed. In addition, removing the design credit in the footer will still require the above mentioned fee.
Additionally, certain applications (like GenieCRM) are monthly SAAS products and can only be used while paying for access. The functionality that these apps provide within your website will not be functional once you install it elsewhere.
Displaying Our Work
We reserve the right to display all aspects of our creative work, including screenshots, work-in-progress designs, and the completed project on our portfolio and in articles on websites or any other media. Weʼre proud of our work and reserve the right to apply the text “web design and management by Genie in a Website” (or any combination of text citing Genie in a Website) on your website that links to our website. Should you wish to remove the credit, a fee of $500 applies. Removal of our name does not mean surrendering our design credit to any other party. Without our expressed consent and payment, you agree that “web design and management by Genie in a Website” (or any combination of text citing Genie in a Website) will be visibly displayed on your site acknowledging design credit.
Content Writing Services
Content writing is available as an add-on service for your new website. We will discuss which pages you require and complete all content writing needs for you if you purchase our content writing services. Special requests for content must be made upfront, content revisions for technical reasons that were not explained prior to our content team developing the copywriting are not permissible. If this situation arises, you must make the content revisions necessary in a word document and then deliver the revised content to us. You may not reject our content writing for anything that was not previously disclosed to us via email prior to hiring us for content writing services. If you are unsatisfied with our content writing for matters that were discussed, we will gladly revise the content for you. You need only to let us know which areas you are dissatisfied with. Email those to your project manager and our content team will make the necessary revisions.
Content Submitted By The Client
If you decline to use our content writing services you will be responsible to deliver all necessary content writing for your website. You will be provided access to the website, or a site wireframe with content guidelines, where you will be able to see all the areas you need to provide writing for. You will be responsible for providing all of the necessary content for your website. We will add content to your website preview shortly after you send it to us, and when you feel the website is ready to launch, we’ll schedule and launch the website. You can take as long as you’d like to supply and request changes to your website content, but remember you will be able to request changes after launch using wishes too, so try to launch as soon as you have the minimum content needed to feel comfortable with the website being live.
Non-Exclusivity of Website Layouts/User Interfaces
Our website framework and best practices for design and layout do not warrant any form of exclusivity whatsoever. Other people in your area could already have or will have a website by Genie in a Website that may use similar layouts and design features. We can ensure the use of different photos, fonts, colors and general aesthetics.
We’re sure you understand how important it is as a small business that you keep up on your automatic billing. Your credit card will be auto-billed monthly for $295 once per month. This ongoing service is month to month and can be canceled at any time with a one-payment notice to cancel in writing.
We understand you may have a late payment due to insufficient funds or an expired credit card, we understand this and will email you reminding you that your payment was missed. Any payments that are 30 days past due will incur a $50 late fee.
Delinquent and Defaulted Payments
If you are delinquent for more than one month in your billing, your website will be automatically frozen, and no wishes will be granted until your payments have been caught up. If your billing reaches two months of delinquent payments your billing contract will be considered to have defaulted your website will be taken offline. You agree to not hold Genie in a Website responsible for any negative impacts this action has on your business (ie. SEO rankings, loss of business, inability to serve customers).
30 Day Money Back Guarantee
We guarantee your purchase for 30 days. If at any time you wish to cancel just let us know in writing and we will cancel your contract and refund your initial payment. Your 30-day warranty begins the day that you complete your first monthly payment.
Governing Law/ Forum
This Agreement shall be construed in accordance with the internal laws of the State of Oklahoma, without regard to conflict of laws rules. The venue shall be in a court of competent jurisdiction in the State of Oklahoma, Cleveland County, and both parties expressly consent to jurisdiction in such courts.
In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.
Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third party claims, demands, liabilities, costs, and expenses, including reasonable attorney’s fees, costs and expenses resulting from the indemnifying party’s material breach of any duty, representation, or warranty under this Agreement.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement.
Acceptance of Agreement
By entering your payment information into our billing system, you agree to the terms and conditions outlined by Genie in a Website and agree to fulfill any and all payments enclosed in this agreement.