Condition Of Agreement

Date: May 30, 2026 

Company / Business Name: 

Client Contact Person:

Project Fee Agreed to: $0.00

I can confirm the above details are correct.

Condition Of Agreement

This Agreement for design services is between: 

Standard American Web

Design Firm 

for the performance of the services described in the proposal sent to Client on Proposal delivery date ('DateOfProposal"). The parties, therefore, agree as follows: 

DEFINITION OF TERMS 

Agreement means the entire content of this Basic Terms and Conditions docu­ment, the Proposal document(s), Schedule A, together with any other Supplements designated below, together with any exhibits, schedules or attachments hereto.

Client's Content means all materials, information, photography, writings, and other creative content provided by Client for use in the preparation of and/or incorpo­ration in the delivered commodities.

Copyrights mean the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under U.S. Copy­right Law.

Delivered Commodity(ies) means the services and work product specified in the Proposal to be delivered by Designer to Client, in the form and media specified in the Proposal.

Designer's Tools mean all design tools developed and/or utilized by Designer in performing the services, including without limitation preexisting and newly devel­oped software including source code, Web authoring tools, type font, and applica­tion tools, together with any other software, or other inventions whether or not patentable, and general non-copyrightable concepts such as website design, archi­tecture, layout, navigational and functional elements.

Final Art means all creative content developed or created by Designer, or com­missioned by Designer, exclusively for the Project and incorporated into and deliv­ered as part of the Final Delivered commodities, including and by way of example, not limitation, any and all visual designs, visual elements, graphic design, illustra­tion, photography, animation, sounds, typographic treatments and text, modifica­tions to Client content, and Designer's selection, arrangement and coordination of such elements together with Client content and/or third party materials.

Final Delivered Commodity means the final versions of delivered commodities provided by the Designer and accepted by the Client.

Preliminary Works means all artwork including, but not limited to concepts, sketches visual presentations, or other alternate or preliminary designs and docu­ments developed by the Designer and which may or may not be shown and or deliv­ered to the Client for consideration but do not form part of the Final Art.

Project means the scope and purpose of the Client's identified usage of the work product as described in the Proposal.

Third-Party Materials means proprietary third party materials which are incorpo­rated into the final delivered commodities, including without limitation stock pho­tography or illustration.

Trademarks mean trade names, words, symbols, designs, logos, or other devices or designs used in the final delivered commodity to designate the origin or source of the goods or services of the Client.

Modifications (or MODs) Change that adapts, limits, qualifies, or restricts some­thing to a new end or purpose. Changes made to a design during or after the final product is delivered that are not in the scope of the originally agreed upon prod­uct, such as increasing or reducing content or web design features. All such MODs are applicable to fees.

Business-In-A-Box™, B-I-A-B, or BIAB means any discounted, financed, leased, promotional, agency-managed, bundled, or monthly-payment website, funnel, automation, CRM, hosting, or digital production package identified in any checkout, invoice, proposal, payment link, written scope, product title, product description, internal note, sales communication, or client-facing offer as “Business-In-A-Box,” “B-I-A-B,” “BIAB,” or any substantially similar wording. If the Client's purchase, proposal, invoice, checkout, payment schedule, package description, or written service description cites Business-In-A-Box, B-I-A-B, or BIAB in any form, the Business-In-A-Box provisions of this Agreement shall apply.

PROPOSAL

The terms of the Proposal shall be effective for 14 days after presentation to the Client. In the event this Agreement is not executed by Client within the time identi­fied, the Proposal, together with any related terms and conditions and delivered commodities may be subject to amendment, change, substitution, or

worst-case scenario, cancellation of the project.

FEES & CHARGES 

Fees. In consideration of the services to be performed by the Designer, the Client shall pay to the Designer fees in the amount(s) and according to the Payment Schedule set forth in the Proposal and all applicable sales, use, or value-added taxes, even if calculated or assessed subsequent to the Payment Schedule. Late fees are accumulated after a ten (10) days grace period and start at twenty-five percent (25%) of the total payment and acquire an additional charge at day fifteen of being late. Processing fees are the fees charged to the Client via online eCom­merce providers such as Paypal, Ecwid, Wazala, Shopify, etc., and may range from five (5%) to eight percent (8%) depending on the provider.

Expenses. The Client shall pay the Designer's expenses incurred in connection with this Agreement as follows: (a.) incidental and out-of-pocket expenses includ­ing but not limited to costs for telephone calls, postage, shipping, overnight couri­er, service bureaus, typesetting, blueprints, models, presentation materials, pho­tocopies, computer expenses, parking fees, tolls, and taxis at cost plus the De­signer's standard markup of 30%, and if applicable, mileage reimbursement at .35 cents per mile; and (b.)

MODIFICATIONS ( MODs ) - CHANGES 

General Changes. Unless otherwise provided in the Proposal, and except as oth­erwise provided for herein, the Client shall pay additional charges for changes re­quested by the Client which are outside the scope of the services on a time and materials bases, at the Designer's standard hourly rate of 75.00 per hour (or 45.00 p/h in selected cases). Such charges shall be in addition to all other amounts pay­able under the Proposal, despite any maximum budget, contract price, or final price identified therein. The Designer may extend or modify any delivery schedule or deadlines in the Proposal and delivered commodities as may be required by such changes.

Substantive Changes. If the Client requests or instructs Changes that amount to a revision of at least ten percent (10%) of the time required to produce a page in the delivered commodities, and/or the value or scope of the services, the Design­er shall be entitled to submit a new and separate Proposal to the Client for written approval. Work shall not begin on the revised services until a fully signed revised Proposal and if required, any additional retainer fees are received by the Design­er. All final design decisions are at the designer's discretion.

Timing. The Designer will prioritize performance of the services as may be neces­sary or as identified in the Proposal and will undertake commercially reasonable efforts to perform the services within the time(s) identified in the Proposal. The Client agrees to review the delivered commodities in writing or (ii) provide writ­ten comments and/or corrections sufficient to identify the Client's concerns, ob­jections, or corrections to the Designer. The Designer shall be entitled to request written clarification of any concern, objection, or corrections. The Client ac­knowledges and agrees that the Designer's ability to meet any and all schedules is entirely dependent upon the Client's prompt performance of its obligations to provide materials and written approvals and/or instructions pursuant to the Pro­posal and that any delays in the Client's performance or changes in the services or delivered commodities requested by the Client may delay delivery of the deliv­ered commodities. Any such delay caused by the Client shall not constitute a breach of any term, condition, or the Designer's obligations under this Agreement and if the designer does not conform to the original timeline deadline; he retains the right to adjust the said timeline to what he/she deems sufficient to finished said project.

Condition Of Agreement Page 4 

Testing and Acceptance. The Designer will exercise commercially reasonable efforts to test delivered commodities requiring testing and to make all necessary corrections prior to providing delivered commodities to the Client within five (5) business days of receipt of each delivered commodities shall notify the Designer in writing of any failure of such delivered commodities to comply with the specifi­cations set forth in the Proposal, or of any other objections, corrections, changes or amendments the Client wishes made to such delivered commodities. Any such written notice shall be sufficient to identify with clarity any objection, correction, change, or amendment, and the Designer will undertake to make the some in a com­mercially timely manner. Any and all objections, corrections, changes, or amend­ments shall be subject to the terms and conditions of this Agreement. In the ab­sence of such notice from the Client, the delivered commodities shall be deemed acceptable.

Timeline: A well-defined design and development process that is governed by established phases and milestones for each project and ensures that we hit the goals for each stage as we move into the next. This phased approach easily turns into a plan and a clear website timeline.

It should be noted that the official timeline for any project will not start until at least 80% of all content, images, and data needed to successfully complete the project has been submitted and received by SAW.  Until this is achieved all products/ projects will remain in the "on-boarding" stage of the project.  So until the official timeline has started we can not guarantee the length of time it will take to produce the project.

CLIENT INSURANCE 

The Client shall maintain, during the term of his Agreement, at its sole expense, construction, and maintenance liability, product liability, general business liability and advertising injury insurance from a recognized insurance carrier in the amount of at least $1,000 insurance per occurrence. Such insurance shall name the Design­er individually as an additional named insured.