CUSTOMIZATIONS TO THE SOFTWARE WEBSITE OR/AND APP WILL BE QUOTED AND CHARGED SEPARATELY

All requests must be sent in writing by Customer.

Ongoing services are as follows:

• Design changes, new page creation and copy updates
  • After initial design with final fixes goes live, three (3) hours are included per month of new design including, but limited to, new page creation, search for and add new stock images, copywriting, and other services requiring new development, at no additional charge.
  • If requested, Additional hours will be quoted in advance per request at a discounted rate of $150 per hour.
• Continually update site to current WordPress version, standards and security protocols. Upon initial approval, Cloud Landmark will:
• Complete site hosting, optimized for WordPress
• SSL certificate – includes 2048 encryption plus all updates, validation, and renewals.
• Daily malware scans 
• Complete site backups from previous 45 days (rolling)
• Site maintenance

• Schedule: The Parties agree to the following schedule:
  • Initial Phase Start Date: Upon execution of agreement
  • Client Comment/Approval Date: Ongoing per changes
  • Ongoing services: continuous.

• Ownership Rights. Client continues to own any and all proprietary information it shares with Cloud Landmark during the term of this Agreement for the purposes of the Project. Cloud Landmark has no rights to this proprietary information and may not use it except to complete the Project. Upon completion of the Agreement, Client will own the final website design.
  While Cloud Landmark will customize Client’s Website to Client’s specifications, Client recognizes that websites generally have a common structure and basis. Cloud Landmark continues to own any and all template designs it may have created prior to this Agreement. Cloud Landmark will further own any template designs it may create as a result of this Agreement.
• Payment Terms: Customer shall pay all amounts due under this Agreement as indicated in this agreement without setoff or deduction, to the address designated on the invoice with the exception of hardware purchases which must be prepaid.Initial agreement is for an overall 3-year period. At the end of the continuous Initial 3-year period, Customer may request and receive a complete redesign and/or new website.Customer shall pay a monthly service charge of 1½% on all amounts not paid within 30 days of the invoice date.In addition, Cloud Landmark LLC shall have the right to audit Customer’s facilities and records during normal business hours to verify compliance with the provisions of this Agreement. Cloud Landmark reserves the right to suspend any and all services if Customer becomes past due, until such time as account is brought current.
• Disputes: Any disputes regarding invoices, invoice amounts or work indicated on invoices must be submitted to Cloud Landmark LLC in writing within fifteen (15) days of receipt of the invoice or such disputes are completely and irrevocably waived.Customer may not refuse payment or otherwise dispute any invoiced charges or services unless timely written notice of the dispute was provided as set forth in this paragraph.
• Transfer of Agreement:Customer shall not transfer its rights or obligations under this Agreement, whether by contract or by operation of law, without the prior written approval of Cloud Landmark LLC, which will not be unreasonably withheld.Subject to the foregoing restriction on transfer, this Agreement shall be binding upon and inure to the benefit of the parties’ successors and assigns.
• Representations and Warranties: Cloud Landmark represents and warrants that he/she has the right to enter into and perform this Agreement. Cloud Landmark further represents and warrants that he/she has the right to utilize and distribute the designs created for Client and that such designs are not owned by anyone else to Cloud Landmark knowledge. In the event that Cloud Landmark does not have these rights, Cloud Landmark will repay any associated damages Client may experience or will take responsibility so that Client does not experience any damages.
  Client represents and warrants that is has the rights to use any proprietary information, including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, content, and the like that it may provide to Cloud Landmark to be included in this Website. In the event that Client does not have these rights, Client will repay any associated damages Cloud Landmark may experience or will take responsibility so that Cloud Landmark does not experience any damages.
• Disclaimer of Warranties: Cloud Landmark shall create a Website for Client’s purposes and to Client’s specifications. Cloud Landmark DOES NOT REPRESENT OR WARRANT THAT SAID WEBSITE WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. Cloud Landmark HAS NO RESPONSIBILITY TO CLIENT IF THE WEBSITE DOES NOT LEAD TO CLIENT’S DESIRED RESULT(S).
• Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABILE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY.
• Legal Fees: In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
• Legal and Binding Agreement: This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Agreement.