WEBSITE DESIGN AGREEMENT

This Website Design Agreement (the “Agreement”) is a contract between (“Client” or “You”) and Inspector Website Builder LLC (“Company”), together, the “Parties” for web design services. Specifically, Client hires Company to design a Website for Client within Client’s www.Wix.com account hosted on the web servers of Wix.com.

By electronically accepting this Agreement (via checking a box), Client acknowledges that they have read, understood, and agreed to the terms and conditions herein.

THEREFORE, in consideration of the foregoing and this Agreement’s mutual promises, the sufficiency of which is acknowledged, the Parties agree as follows:

II. COMPANY’S SERVICES UNDER AGREEMENT

A. Scope of Work

Company will design Client’s Website to a reasonable degree of a professional image based on Client’s selection of one of the five-page website design templates that Client has reviewed and selected at the inception of this Agreement. The Client’s website will include information provided by Client to Company using the questionnaire response form provided to Client. Company is not responsible for Client’s statements or representations on its website, including without limitation, any of Client’s certifications, claims, professional image, or qualifications stated on Client’s Website. Client’s website will be created within Client’s account with Wix.com, and depending on Client’s contract for services with Wix.com, will be hosted on Wix.com servers on a month-to-month or yearly basis pursuant to Client’s agreement with Wix.com and the Wix.com Terms of Use.

In designing Client’s website, Company can exclude from Client’s Website and in Client’s directory on Wix.com Web Server anything deemed by Company within its sole discretion to be inaccurate, false, discriminatory, illegal, or otherwise deemed by Company as inappropriate for inclusion on the Website. After the Client’s website is designed inside the Client’s Wix.com account, the Company’s responsibilities to Client conclude. Thus, Company is not responsible for any changes to the Website after the design is completed unless requested by Client and agreed to in writing by Company.

B. Website Design

Client’s Website will consist of a Home page (the “first” page for the Website) that may be reached by typing a Uniform Resource Locator (“URL”) into a Web Browser, and that URL may be determined by Company or Client and registered through Client’s Wix.com account. The Website will be developed in the format deemed appropriate by Company. Client shall be responsible for registering, connecting, and pointing Client’s own registered domain, if one exists, to the Website URL at Client’s own additional cost. Company is not responsible for the Client’s domain, domain forwarding, domain connecting, domain redirecting, hosting, or homepage services provided by Wix.com or any other registrar. Company is also NOT responsible for any issues with domain name connection, Wix hosting or domain payments, or website search ranking. Company will also complete the Wix SEO Checklist and set up Client’s design as a home inspector website design.

C. Client’s Initial Review of Website

Within approximately 14 business days from the date Company receives all required business information from Client, Company, if possible, will deliver the website design to Client for its initial review. Client will then have up to 3 business days to review the design and request reasonable edits which Company will try to complete within 3 business days.

D. Website Edits & Revisions

During the initial website design and editing process with the client, Company will make edits and updates (during the initial design, client review, and editing process) that do NOT include re-designs, template changes, or substantial edits or updates that are greater than a 10% change in website content at any moment in time based solely on Company’s opinion and determination. Company will spend a maximum of one hour on the website for minor edits and revisions. In plain language, this means that we do not design fully customized websites for our clients. We design customizable websites that are based only on our templates. Therefore, the end result design that the client pays for does not differ from the template more than 10% or one hour of Company’s time based solely upon our opinion and determination.

E. Additional Website Edits & Revisions

After the initial website is designed and reviewed by the Client, for an additional fee as determined by Company, Client may hire Company to perform limited editing and updating tasks to Client’s website. The additional edits and updates (after the Client’s Website is initially designed, reviewed, and published) do NOT include re-designs, template changes, or substantial edits or updates that are greater than a 10% change in website content at any moment in time. However, it may include basic edits such as replacing pictures, updating inspection services, and some minor text changes. Company may accept or decline the additional website edit work requested by Client. If Company agrees to perform such limited editing services, to enable Company to perform such additional services, Client will provide Company access to the Client’s Wix.com account. In plain language, this means that we do not design fully customized websites for our clients. We design customizable websites that are based only on our templates. Therefore, the end result design that the client pays for does not differ from the template more than 10% based solely upon our opinion and determination.

F. Exclusions and Limitation of Services Provided by Company

Client is the owner and administrator of the Client’s Wix.com account and Website after the initial Web Site Design work is completed by Company. Client agrees that Company has NO RESPONSIBILITY for any use or misuse of Client’s web site, unauthorized access, data breach, Web site security, domain, domain forwarding, domain connecting, domain redirecting, hosting, or homepage services. Company will not be responsible for preserving, archiving, saving, or retrieving any data or information on Client’s website. Client also agrees that Company shall have no liability to Client or any other person for any unauthorized access or use, corruption, deletion, destruction, theft, misuse, or loss of any of Client’s data or information or any other person’s information, data, or applications. Company is also not responsible for maintaining, archiving, or retrieving Client’s website from Client’s Wix.com account.

G. Set Up Meeting and No-Show Fee

The Company includes one 30-minute Zoom setup meeting to guide the Client through the process of accepting website ownership, setting up hosting, and connecting a domain name, provided through screen sharing with verbal guidance only. By scheduling this meeting, the Client consents to a $30 charge if they are late or fail to attend. A late arrival is defined as arriving more than 10 minutes after the scheduled start time, and the Company is authorized to charge this fee to the Client’s card on file.

H. Post-Ownership Responsibilities

Once the Client has accepted website ownership, the Company is not responsible for any technical issues that may arise with the Client’s website, including, but not limited to, domain name issues, email connectivity, hosting functionality, website accessibility, or any additional technical difficulties. The Company’s involvement is limited to screen-share guidance only, and all ongoing management, troubleshooting, and technical resolutions are solely the responsibility of the Client as the website owner.

III. COMPENSATION TO COMPANY

A. Price For Website Design

The total price for all of the work set forth in the Agreement shall be two hundred and ninety-nine dollars ($299.00) USD for InterNACHI members / five hundred and ninety-nine dollars ($599.00) USD for Inspectors who are not InterNACHI members. This price covers all work and responsibilities related to the design of the INSPECTOR’s 5-page website inside INSPECTOR’s Wix.com account contemplated by Inspector Website Builder in this Agreement. When both parties have signed this AGREEMENT, INSPECTOR will pay Inspector Website Builder by credit card for the website design. There are no refunds once the payment is made, except as provided below.

B. Refunds and Chargebacks

By agreeing to these Terms and Conditions and making the payment for Website Design, the INSPECTOR waives the right to request a refund or initiate any chargeback with their bank or payment provider. In the event a refund is granted for any reason, it will be subject to processing fees, the amount of which will be determined by the Wix Processing system at the time of refund. The INSPECTOR acknowledges that any attempt to initiate a chargeback after accepting these Terms and Conditions will be considered a breach of this Agreement, and Inspector Website Builder reserves the right to pursue legal action and/or report the chargeback to the proper authorities for resolution.

C. Price for Website Hosting

Wix.com is responsible for the hosting. The price for the Server Hosting shall be set by Wix.com and chosen and agreed to by INSPECTOR with Wix.com (the “Hosting Fee”). The Hosting Fee shall commence on the date the final website is fully operational and accepted by INSPECTOR and future Hosting Fees shall be due and payable to Wix.com by INSPECTOR on subsequent monthly or yearly anniversary dates of such operational date. This hosting fee is paid by INSPECTOR to Wix.com through the INSPECTOR’s Wix account. Inspector Website Builder is not responsible for the website hosting. Inspector Website Builder is not paid by INSPECTOR for Wix.com hosting services. INSPECTOR may cancel with Wix.com.

D. Invoicing and Payment

Inspector Website Builder shall invoice INSPECTOR during the applicable period if the INSPECTOR hires Inspector Website Builder to perform editing and updating work on the website in INSPECTOR’s Wix.com. INSPECTOR authorizes Inspector Website Builder to charge INSPECTOR’S credit card for invoices and other sums INSPECTOR owes Inspector Website Builder, and to sign any required forms for Inspector Website Builder to do this. INSPECTOR understands Inspector Website Builder may terminate this Agreement if INSPECTOR does not pay all sums owed when due. INSPECTOR understands Inspector Website Builder will automatically charge INSPECTOR for payment unless INSPECTOR notifies Inspector Website Builder in writing (email) that INSPECTOR no longer wishes to have their website edited and updated. There are no refunds.

E. Written Notification

If INSPECTOR elects to not pay the monthly or yearly fee to either Wix.com, INSPECTOR must notify Wix.com and Inspector Website Builder. Upon not paying the fee to Wix.com, the website may be deleted and removed by Wix.com from the Wix.com servers and the Internet forever. Data or resources shall not be archived, saved, or retrieved by Inspector Website Builder. The website, its design, domain, email, online presence, and URL will not be available to INSPECTOR. Inspector Website Builder is not responsible for maintaining, archiving, or retrieving the INSPECTOR’s website on or from the INSPECTOR’s Wix.com account. INSPECTOR is the owner and admin of the INSPECTOR’s Wix.com account and Website after the initial website design work is completed by Inspector Website Builder.

IV. WEBSITE HOSTING

A. Client’s Website Hosting

Client agrees to host Client’s Website on Wix.com Web Servers on a month-to-month or yearly basis for a fee in accordance with the Wix.com terms of services agreement between Wix.com and Client. The fee for the Wix.com server hosting of Client’s website shall be set by Wix.com and negotiated and agreed to by Client with Wix.com. The Company does not pay Wix.com for services that Wix.com provides to Client, and Wix.com does not pay the Company for Client’s use of Wix.com. Client must pay Wix.com directly for such hosting services. Wix.com will provide Client access to the Client’s Website through the Client’s Wix.com to enable Client to control, edit, and revise the web page (e.g., add pictures, pages, manage emails and addresses, manage domains), and to otherwise manage and maintain Client’s Website.

Company is not responsible for hosting Client’s webpage. Company is also not responsible for products and services provided to Client by Wix.com, including without limitation, hosting, domain, and email. Company is also not responsible for any activities on Client’s Wix.com account, domains, emails, hosting, or billing tools. If any issue arises with Client’s website or domain or email in relation to the services provided by Wix.com, Client must notify Wix.com and resolve the issue with Wix.com.

The Hosting Fee Client pays Wix.com is governed by the terms of Client’s agreement with Wix.com but typically commences on the date the final Website is fully operational and accepted by Client. Future Hosting Fees shall be due and payable to Wix.com by Client on subsequent monthly or yearly anniversary dates of such operational date as per its agreement with Wix.com. Client may cancel its hosting arrangement with Wix.com as per the terms of Client’s agreement with Wix.com.

B. Deletion of Client’s Website and Data by Wix.com

Client owns and is administrator of the Client’s Wix.com account and Website after the initial Web Site Design work is completed by Company. Company is not responsible for maintaining, archiving, or retrieving the Client’s website. If Client stops paying the monthly or yearly fee to Wix.com, or otherwise terminates its agreement with Wix.com, the Client’s website may be deleted and removed by Wix.com from the Wix.com servers and the Internet permanently. Thereafter, the Client’s Website design, domain, email, online presence, and URL will not be available to Client. Client should consult the terms of its agreement with Wix.com for additional information.

V. ADDITIONAL TERMS AND CONDITIONS

A. Unauthorized Access or Use

Company shall have no liability to Client or any other person for any unauthorized access or use, corruption, deletion, destruction, theft, misuse, or loss of any of Client’s or any other person’s information, data, applications, or property. Company is also not responsible for any defects or damages to equipment, any data center, or services resulting from (a) Client’s, Client’s agents, or Client’s employees’ mishandling, abuse, misuse, or accident, or (b) Client’s use or provisioning of Client’s equipment. Under no circumstances shall Company be responsible for any third-party equipment or third-party software or damages that arise as a result of defects or issues related to the third-party equipment or software, including Wix.com.

B. No Third-Party Confidential Information

It is understood and agreed that Company does not wish to receive from Client confidential information. Client represents and warrants that any information provided to Company shall not be confidential or proprietary information.

C. No Infringement

Client agrees not to provide Company or utilize on Client’s Website any items that infringe any patents, copyrights, trademarks, or other intellectual property rights (including trade secrets), privacy, or other rights of any person or entity. If Client becomes aware of any such possible infringement in connection with its website, Client shall immediately cease and desist such conduct and notify Company in writing. Client agrees to indemnify, defend, and hold harmless Company, its officers, directors, members, employees, representatives, agents, designers, and contractors for any such alleged or actual infringement and for any liability, debt, or other obligation arising out of or as a result of or relating to the performance of the Agreement, including by indemnifying Company and its officers, directors, members, employees, representatives, agents, designers, and contractors for their attorneys’ fees and expenses.

D. Limitation of Liability

To the maximum extent permitted by law, Client expressly agrees that the liability of Company, including any of its officers, directors, owners, and agents, to Client, his/her/its agents, beneficiaries, heirs and/or any party claiming any rights or obligations related to any act or failure to act related to or concerning Company’s performance under this Agreement, is limited to the amount paid for services by Client to Company under this Agreement.

Under no circumstances and regardless of legal or equitable theory, whether based in contract, tort, statute, regulation, common law, or any other basis, will Company or any of its officers, directors, owners, or agents be liable to Client or any other person for special, exemplary, economic, incidental, or consequential damages, including but not limited to lost profits, loss of revenue, loss of anticipated revenue or profit, loss of use, lost business, or costs of delay. Company is not responsible for Client’s services provided to anyone, or for the services provided to Client by Wix.com.

E. Indemnification of Company by Client

Client agrees to defend, indemnify, and hold harmless Company, its officers, directors, employees, attorneys, and agents (collectively, the “Indemnitees”) from any and all liability, loss, damage, or expense, including, without limitation, court costs and attorney’s fees, by reason of any injury, damage, harm, or loss, including any injury suffered by anyone caused by or resulting from: (1) Client’s breach of this Agreement; (2) any claim that relates to or arises from any activity related to Client’s website; (3) any other claim that relates to an act or failure to act by Client; (4) unauthorized use, access, or breach of Client’s website; or (5) any improper or malicious use of Client’s website. This section shall survive termination of this Agreement.

F. Privacy Policy

Company’s Privacy Policy is available at: https://www.inspectorwebsitebuilder.com/privacy-policy, and Client hereby agrees to the terms and conditions set forth therein.

G. No Representations or Warranties

Company makes no representations, no guarantees, and no warranties to Client regarding services furnished under this Agreement, which are provided “as is” and, without representations, guarantees, or warranties of any kind, either express or implied. To the fullest extent permitted by law, Company disclaims all warranties, express, implied, or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Company does not warrant that use of software or products furnished by Company or Wix.com will be uninterrupted, error-free, or secure, that defects will be corrected, or that products or the server(s) to which access is provided are free of viruses or other harmful components. Moreover, Company makes no representations that hiring Company and Wix.com will increase your revenue, increase your profits, increase website visitors, or generate more clients. Company is not responsible for the services, products, and website services provided to Client by Wix.com.

H. Termination of Agreement

Company may, at its sole option, terminate or limit any or all work outstanding, or any portion thereof, immediately upon written notice (email) to Client. Upon receipt of notice of such termination, Company shall inform Client of the extent to which performance has been completed through such date and deliver to Client whatever work product and deliverables then exist. Company shall be paid for all work performed through the date of receipt of notice of termination as specified herein. Client may terminate this Agreement with 14 days’ written notice (email) to natasha@inspectorwebsitebuilder.com.

I. Survival

Upon termination of this Agreement, all obligations and responsibilities of Client shall survive and continue in effect and shall inure to the benefit of and be binding upon the parties and their legal representatives, heirs, successors, and assigns. The termination of any provision of this Agreement shall not excuse a prior breach of that provision.

J. Force Majeure

Neither party shall be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, labor stoppage, war or military hostilities, or inability of carriers to make scheduled deliveries, and any payment or delivery date shall be extended to the extent of any delay resulting from any force majeure event.

K. No Agency

Company does not undertake by this Agreement or otherwise to perform any additional services or obligation to Client, whether by law or contract, except as expressly stated in this Agreement. In no way is Client to be construed as the agent or to be acting as the agent of Company in any respect. Also, Client is responsible for all legal compliance regarding its use of its Website.

L. Alternative Dispute Resolution

If Client has a complaint or concern arising out of this Agreement, you will promptly notify Company at alicia@inspectorwebsitebuilder.com. Client also agrees that before Client files a lawsuit or any administrative agency complaint against Company, Client agrees to meet with a Company representative in a virtual video or in-person meeting to discuss the complaint and attempt to resolve the dispute. If unresolved, Client agrees to participate in non-binding mediation with Company before filing any action. The mediation will occur in Raleigh, North Carolina, with each side paying 1/2 of the mediator’s fees. The mediator will be Christy Foppiano, J.D., of Carolina Dispute Settlement Services in Raleigh, NC. If unavailable, the parties will select a mediator from a panel of two mediators from the Cranfill Sumner Corp in Raleigh, NC, with the final mediator determined by a coin toss.

M. Class Action Waiver

Any lawsuit under or related to this Agreement will take place on an individual basis; class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.

N. Statute of Limitations

No action, regardless of form (including in contract, tort, or otherwise), arising in connection with the performance of this Agreement may be brought by either party more than one (1) year after the date of the occurrence on which the action is based.

O. Applicable Law / Venue / Attorney’s Fees

This Agreement shall be governed by the laws of North Carolina. If the parties’ efforts in good faith to resolve disputes through alternative dispute resolution as described above fail, then the exclusive venue for any lawsuit arising out of this Agreement shall be state and federal courts in Raleigh, North Carolina. The parties consent to the jurisdiction of such courts and waive any personal jurisdiction or venue defenses otherwise available. In any such action, the court must award the prevailing party their reasonable attorney’s fees and costs.

P. Agreement Binding on Successors

This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors, and assigns.

Q. Waiver

No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement.

R. Severability

The provisions of this Agreement are severable. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the rest of this Agreement or its application shall be given effect without the invalid provision.

S. Assignability

The Agreement is personal to Client and may not be assigned by any act of Client or by operation of law unless in connection with a transfer of substantially all the assets of Company or with the consent of Company, which consent shall not be unreasonably withheld.

T. Integration

This Agreement is the entire understanding of the parties, supersedes all prior agreements between the parties, and is the final expression of the parties’ Agreement. It shall not be modified or amended except in writing signed by the parties and specifically referring to this Agreement.

CLIENT HAS CAREFULLY READ AND FULLY UNDERSTANDS ALL TERMS OF THIS AGREEMENT. CLIENT REPRESENTS CLIENT HAS HAD A CHANCE TO REVIEW THIS AGREEMENT WITH LEGAL COUNSEL OF CLIENT’S CHOICE AND THAT CLIENT IS NOT ENTERING INTO THIS AGREEMENT RELYING ON ANY REPRESENTATION OR UNDERSTANDING NOT STATED IN THIS AGREEMENT.

Client’s Electronic Agreement

By checking the box indicating acceptance of this Agreement and proceeding with the purchase, Client acknowledges and agrees that they have read, understood, and accepted all the terms and conditions set forth in this Agreement. Client further acknowledges that this electronic agreement constitutes a legally binding contract between the Client and Company, and the Client’s electronic acceptance serves as the Client’s signature.

Client:

By: ___________

Date: ___________

For Company:

By: ___________

Date: ___________

Title: ___________