Last Updated 03/14/2023

Service Agreement

This Customer Service Agreement (the "Agreement") may be entered into by and between [Your Business] ("Customer" or "You"), located at [Your Address], and Indy Web Design ("IWD" or "Company"), located at 11994 Sloane Muse, Fishers IN 46037.

Acknowledgment

By submitting a down payment on your Invoice, or by accepting our Estimate in its digital form, you acknowledge that you have thoroughly read, comprehended, and consent to adhere to the terms and conditions delineated in this Service Agreement. These terms govern the provision of digital marketing services by IWD.

Services:

IWD agrees to provide digital marketing services to the Customer, as detailed in the Invoice or Estimate document that is also part of this agreement (referred to as the "Invoice" or "Estimate"). These services may consist of website design, web development, search engine optimization (SEO), content creation, social media management, web hosting, and online advertising, among others.

Term and Termination:

This Agreement shall commence upon receipt of your down payment, or when marked as "ACCEPTED" in our CRM, and continue for the term specified therein, unless terminated earlier in accordance with the provisions herein. Either party may terminate this Agreement for any reason upon fourteen (14) days' written notice to the other party. In the event of termination, the Customer shall be responsible for any outstanding fees for Services rendered up to the date of termination.

Payment Terms:

The Customer agrees to pay IWD the fees specified in the Invoice or Estimate for the Services provided, in accordance with the payment schedule set forth therein. All payments shall be made in United States dollars. Any late payments shall be subject to a late fee of 1.5% per month, or the maximum rate permitted by law, whichever is lower.

Subscriptions:

  1. Subscription Services: Some of IWD's Services may be offered on a subscription basis ("Subscription Services"). By signing up for Subscription Services, you agree to pay the recurring subscription fees specified in the Invoice or Estimate, in accordance with the billing cycle set forth therein.
  2. Automatic Renewal: Subscription Services will automatically renew for successive periods equal to the initial subscription term, unless either party provides written notice of its intention not to renew at least thirty (30) days prior to the end of the then-current subscription term.
  3. Cancellation: You may cancel your Subscription Services at any time by providing IWD with written notice of your intent to cancel. Upon cancellation, you will be responsible for any outstanding fees for Services rendered up to the date of cancellation. If you have prepaid for a subscription period, IWD will not provide refunds for any unused portion of the subscription term, unless otherwise required by applicable law.
  4. Changes to Subscription Services and Fees: IWD reserves the right to modify the Subscription Services or adjust subscription fees at any time. If IWD makes changes to the Subscription Services that result in a material reduction in features or functionality, or if IWD increases the subscription fees, you may terminate your subscription by providing written notice to IWD within thirty (30) days of receiving notice of the changes. In such cases, IWD will provide a pro-rated refund for any prepaid, unused portion of the subscription term.

Payment Collection and Authorization:

  1. Credit Card Authorization: By providing your credit card information to IWD, you authorize IWD to charge the credit card on file for any fees or balances due under this Agreement, including but not limited to fees for Services, Subscription Services, and any outstanding balances. You agree to maintain accurate and up-to-date credit card information on file with IWD.
  2. Collection Efforts: In the event of non-payment or an outstanding balance, you agree that IWD may take any lawful steps necessary to collect unpaid fees and balances, including, but not limited to, engaging third-party collection agencies, reporting unpaid amounts to credit bureaus, or initiating legal action as necessary.
  3. Collection Costs: You agree to reimburse IWD for any costs or expenses incurred in collecting unpaid fees and balances, including but not limited to reasonable attorneys' fees, court costs, and collection agency fees.

Intellectual Property Rights:

IWD shall retain all rights, title, and interest in any and all intellectual property rights related to the Services, including but not limited to copyright, trademark, and patent rights, except as expressly granted to the Customer in this Agreement.

Upon full payment of all fees owed by the Customer, IWD grants the Customer a non-exclusive, non-transferable, royalty-free license to use any work product, including the website design, content, and any other materials created in the course of providing the Services, solely for the Customer's own business purposes.

Confidentiality:

Both parties agree to keep confidential and not to disclose any proprietary or confidential information received from the other party during the term of this Agreement, except as required by law or with the prior written consent of the disclosing party.

Warranties and Limitation of Liability:

IWD warrants that it will provide the Services in a professional and workmanlike manner, consistent with industry standards.

Except for the express warranties set forth in this Agreement, IWD makes no other warranties, express or implied, with respect to the Services, and disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

IWD's liability for any claims arising out of or related to the Services shall be limited to the amount paid by the Customer for the Services, and IWD shall not be liable for any indirect, consequential, or incidental damages.

Governing Law and Jurisdiction:

This Agreement and any disputes arising out of or related to the Services shall be governed by and construed in accordance with the laws of the State of Indiana, United States of America, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Indiana for the resolution of any disputes arising out of or related to this Agreement or the Services.

Questions?

Questions about our Customer Service Agreement should be sent to us by email. Click to reveal email