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Website Development SLA

This is an Agreement between Client and DataTrends Co to provide Web Hosting x, Domain x , Email x, Tech Support x for Client with a Start Date: _______ and End Date: _____________. This is a Platform and Software as a Service (SAAS) for “Client’s Custom eCommerce Website” that includes full end to end eCommerce website development to match the company’s branding.

I. Developer’s Responsibility

  • Scope of Work. To develop, design and host an eCommerce website as specified by the client.
  • Schedule. To execute tasks in accordance to the agreed dates and timelines.
  • Changes. Changes to date, times and schedule must be approved in writing by both parties and attached to this Agreement. 
  • Training. Training on how to add products, inventory and other eCommerce customer service tasks are provided to the client.

II. Website Design

  • Design. The website design will conform with clients customization and branding requirements using the available and latest theme and customization in WordPress, Shopify or other platform and technology to implement the project requirements. If the client selects a paid theme, plugins, apps in Shopify or WordPress, an additional fees will be billed to client.
  • Materials Provided by Client. All materials, writings, articles, contact information, payment gateway instructions, photos, videos and relevant data must be provided before the start date of the project.
  • In Production. The website will be updated in production unless an existing website will be replaced by a new one. In this case, development will be done in staging and then published when all customization is complete. Throughout the development phase, the website can be accessible to the client for review and changes requests.
  • Project Planning Meetings. After both parties have signed this Agreement, the parties shall meet at a mutually convenient time to discuss project progress. 
  • Deliverables. The deliverable of this project is a fully functioning ecommerce website, inventory management and automation powered by DataTrends. This website will allow the client to add products, manage the customers transactions, payments, shipping and other customer service relevant tasks to operate an ecommerce business.
  • SEO. At the time of publishing and within 14 days, the client website will be listed in Bing, Google Business, Yahoo and other search engines for optimization.
  • Advertising Transaction Fees. DataTrends will assist in advertising if required by clients. In such an event, the parties agree to enter into good faith negotiations to reasonably compensate DataTrends for such services. To assist with advertising, DataTrends will provide recommendations on advertising channels and strategies based on collected traffic and user behavior data. 

III. Domain Registration &  Web hosting

  • Domain Registration. It is the client’s responsibility to select a domain that is available and relevant to the ecommerce name and business. Domain registration must be transferred (if already existing) and/or purchased at DataTrends domain registration site. If you have an existing domain, you will be required to submit the credentials for login into the Domain Company. 
  • Web hosting. It is the client’s responsibility to purchase / select a web hosting service that will provide an optimized solution for eCommerce website hosting. Web hosting must be purchased at DataTrends.
  • Transaction Logging. DataTrends will provide website traffic, customer analytics, sales, activities and customer’s interactions and such reasonable and available data monthly.

IV. Compensation

  • Fee Schedule and Cost for Website Development 
    • Option 1: Pay Domain and Web hosting annually. Website Design Service is Commission based structured payment at 5% of your Online Sales. Billed on 15th and 30th of the month.
    • Option 2: $299 per year which includes the cost of Domain, Hosting and Web Design Service. 
    • Option 3: $1995 One time fee, then Pay Domain and Web hosting after 1 year.
      • Note: This pricing does not include the cost of maintenance, update, revision and other standard website maintenance and support. It is billed at $55 per hour, to be agreed in writing prior to maintenance implementation.
  • Expenses. Additional expenses such as renewal of domain, hosting, advertising as agreed by the Client and Datatrends will be paid at time of order or when its due, whichever comes first. 
  • Links. Social media links and other sales channels can be integrated to the website if available. 
  • Administrators & Managers Log in. Datatrends will provide login credentials to the inventory management, ecommerce dashboard for product customization, inventory management and email accounts.

V. Terms & Restrictions

  • Confidentiality. DataTrends shall treat this project as confidential. After the client has approved its final publishing, DataTrends has the right to list the client’s ecommerce site as a client of DataTrends for portfolio, websites, social media and other advertising collateral. It is understood and agreed by both parties that any information exchanged in the course of entering into this Agreement or performing any work hereunder shall be deemed confidential and proprietary, to be used solely for the purpose of completing this project. 
  • Ownerships and Rights. Except for the materials, articles, videos, photos and client’s provided material, all elements of the website is owned by DataTrends including but not limited to the design, theme (except the theme’s license if applicable and paid by the client). All databases of customers, transactions and relevant operational data are owned by the client.  
  • Termination. This Agreement shall be effective as of the signing date and shall remain in force until terminated in writing by client or by DataTrends. The client may, at its sole option, terminate any or all work outstanding, or any portion thereof, immediately upon written notice.  Upon receipt of notice such as termination, DataTrends shall inform the Client writing of the extent to which performance has been completed through such date.
    • TERMINATION FEE:  If client terminates the contract before the website is complete, the termination fees are as follows;
      •  $1000 at 50%< completion
      • $1500 at 50%> completion
    • If the website is complete and the client chooses to manage and own the eCommerce website outright, an amount of $1999 one time fee can be paid to DataTrends to transfer the ownership. At which point, domain registration, web hosting credentials and email management credentials can be provided to the client for its own management. 
  • Notices If one party is required or permitted to give notice to the other under this Agreement, such notice shall be deemed given via email to (DataTrends) and _________ (Client).  Both parties are required to review and respond within three (3) business days for resolution. 

This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their Agreement.

It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents which may be in conflict therewith.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have each caused to be affixed hereto its or his/her hand and seal the day indicated.

The Client’s payment for the Website Design Services Package is an affirmation that the Clients has reviewed, acknowledge and accepted the terms of this SLA.

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