Website Services Agreement

Version 1.0 · Ember Media LLC

This Website Services Agreement (the "Agreement") is between Ember Media LLC, a Louisiana limited liability company, 1204 Orchid Dr, Harvey, LA 70058 ("Ember Media," "we," "us"), and the business named in your client portal account ("Client," "you"). You accept this Agreement when you check the boxes and type your name in the client portal.

1. What we build

1.1 We will build you a website using the Ember Media website platform: a home page and up to three additional pages from the options listed in your portal (for example Menu, Services, Catering, Gallery, Contact), mobile friendly, with your hours, location, contact details, photos, and Google reviews where available (the "Website").

1.2 The Website does not include, unless we agree to it in writing (email counts): online stores or checkout, booking systems, custom features or integrations, logo or brand design, professional photography, copywriting beyond light editing of what you give us, or ongoing marketing or advertising.

1.3 We build the Website from the information, photos, logos, and other materials you give us ("Your Content"). You are responsible for making sure Your Content is accurate.

2. Price and payment

2.1 The total price for the Website is $500.

2.2 Deposit. A $250 deposit is due when you accept this Agreement. We start work only after the deposit is paid. The deposit is non-refundable once we begin work, because it covers the work we do before delivery.

2.3 Balance. The remaining $250 is due in full upon delivery, meaning when we tell you the Website is finished and ready to publish. We publish the Website to your domain only after the balance is paid in full.

2.4 Payments are made by card or bank transfer through our payment processor, Stripe. You authorize us to charge the payment method you provide for the amounts in this Agreement.

2.5 If you believe a charge is wrong, you agree to contact us first at the email in your portal so we can fix it, before disputing the charge with your bank.

3. Add-ons

3.1 Add-ons. If you choose optional add-ons in your private preview and lock them in, they are listed on your project page with their prices before we start. Their total is added to the balance due on delivery. The $250 deposit does not change. You can drop an add-on any time before we begin building it. After that, it stays on the balance.

4. Preview and changes

4.1 Before delivery, you can view a private preview of the Website in your client portal. The preview is for your review only. It may not be copied, published, shared publicly, or used as your live website. It stays the property of Ember Media until you have paid in full.

4.2 One round of changes is included. After we share the preview, send all of your requested changes together as one list through the portal within 14 days. We will make reasonable changes that fit within Section 1.

4.3 Further rounds of changes, or changes outside Section 1, are billed at $75 per hour or a price we quote before starting. We will tell you the cost first, and nothing is billed without your OK.

4.4 If you do not respond within 30 days after we share the preview, we may treat the Website as delivered, and the balance becomes due. If the balance is still unpaid 30 days after that, we may close the project and keep the deposit.

5. Timeline

5.1 We aim to share the first preview within 5 business days after we receive the deposit and all of Your Content.

5.2 Timelines are estimates. Delays caused by missing content, late feedback, or third parties (for example domain registrars or Google) extend the timeline.

6. Your content and responsibilities

6.1 You confirm that you own Your Content or have permission to use it on the Website, including photos, logos, text, and any reviews or testimonials you ask us to show.

6.2 You agree to cover Ember Media's costs, including reasonable legal fees, if a claim is made against us because of Your Content, or because Your Content breaks a law or someone else's rights.

6.3 You are responsible for the products and services your business offers, and for any prices, claims, or promises shown on the Website from Your Content.

7. Ownership

7.1 Until you pay in full, all designs, previews, and work product remain the property of Ember Media.

7.2 Once you pay in full, you own Your Content and your domain name. You receive the right to use the Website for your business for as long as it is hosted on the Ember Media platform.

7.3 Ember Media keeps ownership of its platform, templates, code, layouts, and tools, which we use for many clients. This Agreement does not transfer them to you.

7.4 If you leave the Ember Media platform, we will give you a copy of Your Content (text and images) on request. The platform's code and templates are not included.

8. Domain

8.1 Your domain name should be registered in your name and paid for by you. We can help you buy and connect it.

8.2 You are responsible for keeping your domain registration current. We are not responsible if it expires.

9. Hosting and monthly care plan

9.1 Hosting on the Ember Media platform is provided through our monthly care plan at $49 per month, starting on the day the Website is published. The care plan includes hosting, security updates, keeping the Website running, and small content updates (such as hours, prices, or a photo swap) of up to 2 requests per month.

9.2 The care plan renews monthly and is charged automatically to your payment method on file. You can cancel at any time with 30 days' notice through the portal or by email.

9.3 If a care plan payment fails and is not resolved within 14 days, we may take the Website offline until it is paid.

10. Third-party services

10.1 The Website may use third-party services such as Google reviews, Google Maps, hosting providers, and payment processors. Those services are governed by their own terms and can change or stop working without notice. We are not responsible for their availability, content, or changes, including which reviews Google shows.

11. No guarantee of results

11.1 We do not guarantee any level of traffic, search ranking, calls, sales, or revenue from the Website.

12. Warranty and liability

12.1 We will do the work in a professional manner. Apart from that, the Website and our services are provided "as is," without other warranties, to the extent the law allows.

12.2 Ember Media's total liability under this Agreement is limited to the amount you paid us in the 12 months before the claim. Neither of us is responsible to the other for lost profits or indirect, incidental, or consequential damages.

13. Ending the agreement

13.1 Either of us may end this Agreement by written notice (email counts). If it ends before delivery, the deposit is not refunded, and any work product stays with Ember Media.

13.2 If it ends after delivery, any unpaid balance is still due, and the care plan ends at the end of the notice period in Section 9.2.

14. Showing your website in our portfolio

14.1 Only if you check the optional portfolio box in the portal, you allow us to show your business name, a link to the Website, and a screenshot of it in the "Our work" section of our website and in our marketing. You can withdraw this permission at any time by email, and we will remove it within 14 days.

15. Electronic signature and records

15.1 You agree to sign this Agreement electronically and to receive it and related notices electronically. Checking the boxes and typing your name in the portal has the same effect as a handwritten signature. We keep a record of your acceptance, including the date, time, and version of this Agreement, and send a copy to your email.

16. General

16.1 This Agreement is governed by the laws of the State of Louisiana. Any dispute will be handled in the courts of Jefferson Parish, Louisiana.

16.2 This Agreement is the entire agreement between us about the Website. Changes must be in writing, and email is enough.

16.3 If any part of this Agreement is found unenforceable, the rest stays in effect.

16.4 We may update this Agreement for future projects. The version you accepted applies to your project.

16.5 Questions: email us at the address shown in your client portal.