Website Services Agreement

Last Updated: October 24, 2024

1. INTRODUCTION

• (a) Welcome to Poppy Inc DBA HostPoppy ("we," "our," "us," or "HostPoppy"). By accessing or using our website design and maintenance services ("Services"), you (the “Client”) agree to comply with and be bound by the following Terms and Conditions ("Terms"). Please read these Terms carefully before using our Services.

2. WEBSITE DESIGN SERVICES

• (a) We provide website design and development services as described in our proposal or service agreement. The scope of work, deliverables, timelines, and payment terms will be outlined in a separate agreement.  Websites built by HostPoppy must be initially hosted by us using either a monthly or annual hosting plan. Hosting services used for a website built by us are not eligible for a money back guarantee.
• (b) You agree to:
  • i. Provide accurate and complete information as required for the design and development of your website in a timely manner. This includes text, images, logos, graphics, or any other content as requested by your Website Design Consultant.
  • ii. Ensure that all content provided to us does not violate any laws or infringe on any third-party rights.
  • iii. Cooperate with us and respond promptly to requests for information and feedback.
  • iv. Provide any necessary access to third-party systems or accounts required for the completion of the project.
  • v. To the extent that the performance of our obligations under this Agreement may depend upon your performance of your obligations, we are not responsible for any delays due to your failure to perform your obligations in a timely manner.
    
    
• (c) Website Design Terms of Payment:
  • i. Because each project will vary in scope, a customized estimate will be provided prior to the start of work.  Once the estimate is accepted by the client payment is due in full (the “Initial Invoice”) before work will begin.
  • ii. Each website design estimate will include the WordPress Design Base product and all applicable addon products approved by the client within the project Scope of Work.
  • iii. If further addon products are ordered by the client after payment of the Initial Invoice, an additional invoice will be supplied to the client (“Addon Invoice”).
  • iv. All payments are due in full before final handoff of the website or any design work.
  • v. In the event of non-payment, we reserve the right to suspend or terminate access to the deliverables until payment is made.
  • (d) Website Design Base Pricing
    
    
• (d) Product Cost
  • WordPress Design Base: $1,750.  Includes:
    • Four pages, such as Home, About, Services, and Contact Us
    • WordPress Theme
      
      
• (e) Addon Product Pricing
  • eCommerce: Starts at $2,000
    • Includes WooCommerce for WordPress
  • Additional Page Design: Starting at $200 Per Page
  • Additional Plugin: Starting at $200
    • Plugin fees waived for clients who sign up for a Maintenance plan.  See details below.
  • Stock Images $20 per image
    
    
• (f) Website Design Revisions and Client Approval:
  • i. After completion of design work, the client will receive access to a preview of the site.  Client will have ten (10) business days to review and approve the site and up to three (3) rounds of revisions.
  • ii. If feedback or approval is not received by the tenth (10th) business day after the preview site has been made available, it will be assumed that final approval has been given by the client. 
  • iii. If feedback includes changes to the scope as outlined in the Scope of Work document approved by the client, additional charges may apply.  The determination of a scope change is solely at the discretion of HostPoppy. 
  • iv. In the case of a Scope Change, the client will receive an Addon Invoice inclusive of the new services requested. Payment is required in full before additional work is completed and any or all completed work is delivered.  Scope changes may include, but not limited to:
    • Additional site pages
    • Additional or new stock images
    • Site features requiring plugins
      
      
• (g) Intellectual Property and Licensing:
  • i. Upon full payment, you will own the final website design and associated deliverables.
  • ii. We retain ownership of all intellectual property rights in any pre-existing materials, tools, or code used in the creation of your website and retain the right to use your website design in our portfolio for future marketing purposes
  • iii. You may not use any pre-existing materials, tools, or code owned by us for any purpose other than the intended use as described in the service agreement without our prior written consent.
  • iv. Clients may provide HostPoppy pre-purchased stock images in leu of an addon service.  Client is fully responsible for securing proper licensing and holds HostPoppy harmless in any claim arising from the improper use of intellectual property.
  • v. If client opts for a feature that requires a third-party website plugin, client will be solely responsible for initial and ongoing payment for plugin licensing fees.  
  • vi. Plugin fees will be waived up to $200 per year if the client chooses a Website Maintenance plan at the time they order website design services.  Subsequent licensing renewals up to $200 per year will be waived so long as the client maintains the Maintenance Plan.  
  • vii. If the client cancels a Maintenance plan the client will become responsible for taking over regular license subscription fees.
  • viii. If a website is on a Maintenance Plan, HostPoppy will reserve the right to replace any third party plugins with different software at our sole discretion.
  • ix. HostPoppy will do a best effort in ensuring your website meets accessibility requirements and laws. However, any changes made by the client will be the responsibility of the client. If you have a website maintenance plan with HostPoppy, we strive to ensure any site updates we perform for you will meet the same accessibility standards. 
    
    
• (h) Web Browsers:
  • i. HostPoppy makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g., Firefox, Edge, Google Chrome ).
  • ii. Client agrees that HostPoppy cannot guarantee correct functionality with all browser software across different operating systems.
  • iii. If the client opts out of a Website Maintenance Plan, HostPoppy cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, we reserve the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
    
    
• (i) Termination and Refusal of Service:
  • i. HostPoppy requires the Client to actively participate in the project by providing necessary information, feedback, and approvals in a timely manner. If the Client fails to do so within 30 (thirty) days of project commencement, HostPoppy reserves the right to close the project and terminate this Agreement.
  • ii. Both parties will be released from their respective obligations, but any termination of the Agreement will not relieve the Client of their obligation to pay for services rendered up to the date of termination.
  • iii. HostPoppy reserves the right to refuse service at its sole discretion.  Refusal may include, but is not limited to, requests for adult websites, sites that promote, encourage, or condone violence, sites that contain obscene or offensive material, or sites that engage in or promote illegal activity.
  • iv. We also reserve the right to terminate this Agreement in the event that: (i) you fail to pay any fees due hereunder to HostPoppy; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm HostPoppy or others, cause the HostPoppy or others to incur liability, or disrupt the Host’s business operations (as determined by HostPoppy in its sole discretion); (iv) you are abusive toward the HostPoppy’s staff in any manner; or (v) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such event, HostPoppy will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
    
    
• (j) Confidentiality:
  • i. Both parties agree to keep confidential any proprietary or confidential information disclosed during the course of the project. 
• ii. Confidentiality obligations survive the termination of this Agreement.

3. MAINTENANCE PLANS

• (a) Clients who have a website built by HostPoppy may choose to enroll in an ongoing Maintenance Plan.  
  
  
• (b) Maintenance Plans are only available for sites built by HostPoppy.  Sites built elsewhere are not eligible and may only be maintained by utilizing the Hourly Web Developer rate plans, explained in section three (3) below.
  
  
• (c) Website Maintenance plans are associated with a specific website as are incidents and discounts.  Unused content updates are non-transferable to other websites.
  
  
• (d) Websites that are built using HostPoppy’s design services but are hosted elsewhere will not be eligible for a Website Maintenance Plan.
  
  
• (e) Website Maintenance Plans
  • Maintenance Essentials - $75/month with monthly billing, $50/month with annual billing
    • 1 content update per month
    • Minor WordPress updates
    • One-time online presence review
  • Maintenance Complete - $150/month with monthly billing, $100/month with annual billing
    • 3 content updates per month
    • Minor and major WordPress updates
    • Automated site monitoring
    • Monthly analytics recap
    • 10% off typical labor rate for additional work. 
      • Discount will be capped monthly at the rate of service ($150/month for monthly billing or $120 a month with annual billing)
    • One-time online presence review
      
      
• (f) Website Maintenance Plan Definitions
  • Content Updates Updating words, images, or media on a page.  Examples include:
    • Updating an address
    • Adding a new biography on the About Us page
    • Uploading a new photo to an existing gallery
  • Minor WordPress Update A web developer will ensure that your site, themes, and plugins are compatible with minor version updates. For example:
    • WordPress updates from version 6.6.2 to 6.6.3
  • Major WordPress Update A web developer will ensure that your site, themes, and plugins are compatible with major version updates. For example:
    • WordPress updates from version 6.6.2 to 6.7.0
      
      
• (g) Some website functionality may require the use of third-party plugins or themes.  Because HostPoppy does not own the code for these features we may not be able control if or when updates are deployed.  Client agrees that HostPoppy is not responsible for outdated third party plugins or themes that are the result of developer delays and not within our control.
• (h) If a content update is not used within a calendar month it is forfeited and does not roll over to subsequent months.
• (i) HostPoppy may change Maintenance Plan rates from time to time.  If so, Maintenance Plan customers will receive notification of a rate change no less than thirty (30) days prior to the renewal of their plan.
  
  
• (j) Maintenance Plans may be canceled if proper notification is received at least five (5) days prior to plan renewal.
  
  
• (k) Proper notification may include: Cancelling the service through the HostPoppy Client Portal, submitting a support ticket, or calling (415) 520-4678 during normal business hours.

4. HOURLY WEB DEVELOPMENT RATE

• (a) In the case that HostPoppy’s standard website development and maintenance plans do not meet the needs of a client, a per hour web development rate of $100 will apply.
  
  
• (b) The Web Development Rate will apply in situations including, but not limited to, maintenance to sites not developed by HostPoppy, assisted guidance of HostPoppy’s free website development tool, and development of custom code.
• (c) Each project will be charged a minimum of one (1) hour of work.
  
  
• (d) After one hour of work, the rate will be charged in 30-minute increments and rounded up to the nearest increment when applicable.

5. REFUND POLICY

• (a) Unless otherwise stated, all Website Design and Maintenance Services are nonrefundable.

6. LIMITATION OF LIABILITY

• (a) Our liability for any claim arising out of or related to our Services is limited to the amount paid by you for the Services in the 12 months preceding the claim. 
  
  
• (b) This limitation applies to all claims, including but not limited to those arising from negligence, breach of contract, or any other legal theory.

7. INDEMNIFICATION

• (a) You agree to indemnify and hold us harmless from any claims, damages, or liabilities arising out of your use of the website or content provided, including but not limited to third-party claims related to copyright infringement, trademark infringement, or any other intellectual property rights.

8. GOVERNING LAW

• (a) These Terms shall be governed by and construed in accordance with the laws of California, United States without regard to its conflict of law principles.

9. DISPUTE RESOLUTION

• (a) Any disputes arising under these Terms shall be resolved through binding arbitration in California, United States. 
  
  
• (b) The arbitration will be conducted in accordance with the rules of the American Arbitration Association or other similar organization. The decision and award by the arbitrator shall be final and binding.

10. AMENDMENTS

• (a) We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. It is your responsibility to review these Terms periodically for any changes.
  
  
• (b) If you disagree with any amendments to the Terms and Conditions you will be disallowed to use or access the Services and your sole remedy is to cancel your account.

11. CONTACT INFORMATION

For any questions or concerns regarding these Terms, please contact us at:

Email: support@hostpoppy.com
Phone Number: 415-520-4678
Address: 1945 Contra Costa Blvd #2358, Pleasant Hill, CA 94523

12. MISCELLANEOUS

• (a) Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
  
  
• (b) Entire Agreement: These Terms constitute the entire agreement between you and HostPoppy regarding our Services and supersede all prior agreements and understandings, whether written or oral, regarding such Services.
  
  
• (c) Force Majeure: HostPoppy shall not be liable for any failure to perform its obligations under these Terms if such failure is due to circumstances beyond its reasonable control, including but not limited to natural disasters, strikes, or interruptions in service.