Engagement Agreement
for Website Audit Service
Dear Client,
On behalf of the Agency, I thank you for engaging Dania Bernard LLC d/b/a DB Creative Agency also d/b/a Website Godmother with a mailing address of PO Box, Covington, Georgia 30014 Phone: (470) 939-9213 Email: design@websitegodmother.com (hereinafter referred to as the" Agency" ''we" or "us") to serve you (the "Client" or "you") as your creative director. I look forward to working with you and appreciate the confidence you have placed in me.
The purpose of this agreement is to outline the terms and conditions of the Agency's agreement to perform website audit services on your behalf. lt is the policy of the Agency to require an engagement agreement (this or our "Agreement") to avoid misunderstandings as to the scope of the services and the fees to be charged.
Scope of Services. website audit, reporting, and 30 minute consultation.
Other than as described above, we will not provide you with other creative services or website management, including but not limited to review of other websites, website (re)design, correspondence with third parties, or other creative services unless you specifically request such other creative services and we mutually agree on the scope of the work and fees to be charged for the same in a separate engagement agreement, or as an addendum to this Agreement (via email is acceptable), or by invoice.
The Agency is not retained to perform any website design or development services for you at this time, and is under no obligation to perform any web design and development services for you. Should web design and development services be requested or required, said web design and development services will be subject to a new and separate retainer agreement.
Compensation and Billing. The Agency shall require a non-refundable payment, earned upon receipt, in the amount of Two Hundred US Dollars ($200.00) for the website audit, report, and 30 minute consultation.
The Agency shall not be considered engaged as your creative director and shall not commence the audit until it receives an executed copy of this engagement agreement for creative services (1) completely filled out by you on the bottom of this web page, (2) initialed by you on the bottom of this web page, and (3) payment.
Billing Statements; Payment. In the event you retain the Agency for additional services beyond the scope of the audit, reporting, and consultation, the Agency may incur various additional costs and expenses in performing such creative services. You shall be responsible for any and all such costs and expenses related to services the Agency agrees to perform on your behalf including, without limitation: domain and hosting fees, stock image fees, and charges for fee based computer research time. You give the Agency full authority to retain on an as needed basis. In the event any such aforementioned additional costs and expenses are required, the Agency will use reasonable efforts to notify you in advance of incurring the same.
The Agency may provide you with periodic statements or invoices summarizing its fees and costs incurred. Invoices are due and payable upon receipt. We reserve the right to impose late charges of 1.5% per month on balances remaining unpaid after 30 days. In the event we are required to pursue legal action to collect overdue amounts, we shall be entitled to recover all late charges and attorney's fees and costs (including fees of those employed by us in connection with the collection of your account).
You agree and understand that third parties may make payments of fees and costs on your behalf without compromising the Agency’s duty of confidentiality to you, unless intentionally waived by you, and such payment on your behalf does not create a conflict of interest.
Disclaimer of Guarantee. You will engage in services with us understanding that you always have any opportunity to question us with respect to creative website services we provide on your behalf. You will engage our services understanding that all services rendered and documents we produce are based on the quality of the information you provide the Agency. No statement in this Agreement and nothing in our statements to you will be considered as a promise or guarantee about the outcome of your matter.
Miscellaneous. The Agency shall have the right to withdraw services if you do not make the payments required by this Agreement, do not reasonably cooperate, have misrepresented or failed to disclose material facts to the Agency, or fail to follow advice. In any of these events, you will execute such necessary documents as will permit the Agency to withdraw.
The Agency shall have a lien on all of your documents, property or money in its possession for the payment of any and all sums due under the terms of this Agreement.
This Agreement is made and entered into in the State of Georgia, Newton County, and shall be governed by Georgia law. This Agreement is complete and all prior agreements, negotiations, representations, and/or understandings are merged herein. This Agreement cannot be modified except by an instrument in writing executed by the parties. If any provision of this Agreement is declared invalid by any tribunal, then such provision shall be deemed automatically adjusted to conform to the requirements for validity as declared at such time and, as so adjusted, shall be deemed a provision of this Agreement as though originally included herein. In the event that the provision invalidated is of such a nature that it cannot be so adjusted, the provision shall be deemed deleted from this Agreement as though the provision had never been included herein. In either case, the remaining provisions of this Agreement shall remain in full force and effect. Wherever used herein, the singular shall include the plural, the plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. This Agreement may be executed in counterparts and by fax signatures, electronic signatures, or signatures sent by a party in .pdf format. A digital copy of this Agreement executed by all parties (whether in counterparts, by fax, or emailed .pdf, electronic signature, etc.) shall have the same force and effect as the original. The prevailing party in any litigation, arbitration or mediation relating to this Agreement shall be entitled to recover its reasonable attorneys’ fees from the other party for all matters, including, but not limited to, appeals. Newton County, Georgia, shall be the proper venue for any litigation involving this Agreement. The parties agree there shall be no rule, law and/or presumption applied to this Agreement requiring construction of any and all ambiguities that may be contained herein against the maker or drafter.
Your signature below will indicate that you consent to, understand and agree with the aforementioned Agreement. Please do not hesitate to contact us if you have any questions concerning matters we are handling for you.