This contract is an agreement between Choquer Creative and you (the “Client”). Choquer Creative will provide web development and maintenance to the Client in return for payments as set out in this Agreement.
Ownership & Rights
Choquer Creative shall own all copyrights to the website design and hosting name. If Choquer Creative does not own the domain name, the Client shall provide their domain log-in information to Choquer Creative upon the signing of this Agreement. The parties agree it is a breach of this contract if the Client changes the log-in information to the website without informing Choquer Creative. The Client has the option to regain full rights of the website if the buyout price, as set out in this Agreement, has been met.
Cancellation
In the event of cancellation of this subscription, ownership of all copyrights along with the original design work and domain ownership shall be retained by Choquer Creative. Choquer Creative may terminate this Agreement at any time by giving the Client written notice. Choquer Creative may also terminate or suspend operation of the Agreement at any time without prior notice, and/or take other steps Choquer Creative considers necessary, acting reasonably.
Choquer Creative Guarantee
The Client may terminate the agreement with no repercussions if Choquer Creative fails to fulfill their Guarantee. The guarantee consists of the features listed out in the package. In addition if the website is down for longer then 7 business days, or Choquer Creative fails to respond to emails / and or calls the Client may terminate the agreement.
Less Than 24 Months
The Client shall pay any and all remaining balance due to Choquer Creative on the date of cancellation pursuant to this Agreement. The Client shall also pay an additional deactivation fee of $500.00 to Choquer Creative upon cancellation of this Agreement.
After 24 Months
The Client may continue this Agreement on a month to month basis. Cancellation after 18 months requires a two-month cancellation notice. The website may be purchased for full ownership by the Client after cancellation by paying Choquer Creative $2500.00. Following 24 months of subscription to the website plan, $300.00 will be deducted from the website buyout price for each consecutive year the Client is subscribed to the website plan. The $300.00 deduction will end when the minimum buyout price for the website is $500.00.
Payment
$1,250.00 + Tax will be charged each month to the credit card used upon sign up. If the card expires or is declined for any reason, the Client has 5 days to contact Choquer Creative to update their payment method. In the case where the Client’s card is declined for any reason, and the Client has not provided Choquer Creative with an updated payment method within 5 days, the website will be removed from the internet. Before the website can be reinstated, an administration fee of $125.00 must be paid by the Client to Choquer Creative along with any past due monthly subscription fee.
Updates + Changes
The Client is issued one complimentary update or edit each quarter. This update will be limited to two hours per quarter and may include, but not limited to, the following: Updating Layout, Editing Text & Images, Upload Blog Post, Adding / Removal of a Product, Re-designing / Adding a Single Page, Create E-Commerce Coupons.
The Client may request additional changes for a fee of $125.00 an hour. The complimentary updates do not pass over from month to month if unused.
Choice of law
These Terms and Conditions shall be governed by and construed in accordance with the law of the Province of British Columbia and the parties hereby submit to the exclusive jurisdiction of the British Columbia courts.
Acceptance of Terms
By agreeing to this document, the Client agrees to the above prices, specifications and conditions. Choquer Creative is authorized to execute the project as outlines in this agreement. Payment will be made as proposed above. This agreement will take effect upon the receipt of an email by Choquer Creative from the Client, or receipt of a signed Agreement.
