Website Makeover Agreement

This Contract for Services is made effective as of October 23, 2019, by and between You (the "Recipient"), and ZeroZen Design LLC. in Asheville, North Carolina(the "Provider").

1. DESCRIPTION OF SERVICES. ZeroZen Design will provide to You the following services (collectively, the "Services"):

For a Limited Time: A Free website makeover of an existing website, not to exceed 5 pages and a blog. The website will be created using the self-hosted, Open-Source WordPress Platform. The website layout will be a variant of a proprietary website layout developed by David Bentley of ZeroZen Design, and modified as we see fit to best represent your business. The makeover includes reproducing the existing color scheme, using similar fonts, replicating content, and improving it in some cases, doing keyword research, making recommendations to you to improve the overall success of the website.

Ongoing: All services mentioned on https://zerozendesign.com/membership. This includes, but not limited to website hosting, monitoring, technical updates to plugins and platform, fixing problems related to the completed website, providing educational assistance to you, and providing light ongoing content update support.

2. PAYMENT. You agrees to pay ZeroZen Design as follows:

The payment rate and schedule established at the time of sign-up will remain in effect unless you:

a.) Choose not to keep the website upon initial review of the new website or

b.) Choose to cancel the ZeroZen Membership Services.

If an automatic debit from your bank fails, we will contact you to resolve the payment matter. Any account where payment is not received within 10 days after the due date, is subject to suspension. After 15 days, the account, and all website content and materials may be deleted at the discretion of ZeroZen Design.

3. TERM. This Contract may be terminated by either party at any time. An email notice by one party will suffice. Any account where the subscription (contract) is cancelled, will remain active, with ongoing ZeroZen Membership services being rendered until the subscription renewal date.

4. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by Provider in connection with the Services will be the exclusive property of Recipient. Upon request, Provider will execute, within a reasonable period of time, all documents necessary to confirm or perfect the exclusive ownership of Recipient to the Work Product.

5. WARRANTY. Provider shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Provider's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Provider on similar projects.

6. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:

a. The failure to make a required payment when due.

b. The insolvency or bankruptcy of either party.

c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.

d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.

7. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 5 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.

8. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

10. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

11. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

12. AMENDMENT. This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.

13. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of North Carolina.

14. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

15. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.

16. ATTORNEY'S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.

17. CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.

18. ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.

Website Content Agreement

This Contract for Services is made effective as of October 23, 2019, by and between You (the "Recipient"), and ZeroZen Design LLC. in Asheville, North Carolina(the "Provider").

1. DESCRIPTION OF SERVICES. ZeroZen Design will provide to You the following services (collectively, the "Services"):

Website content writing services for up to 5 pages of content on the recipient's website. Content written will be unique to the recipient's company, services, and location.

Content will be written according to published Google standards for best possibility of search engine ranking.

2. PAYMENT. You agree to pay ZeroZen Design as follows:

Immediate and single payment of the amount listed on https://zerozendesign.com/website-makeover/confirmation-page at the time of checkout:

3. REFUNDS. Upon completion of the content (on or about 3 days from paying), the recipient will be able to review and approve / reject the content. If content is rejected, the total amount paid for the content service will be refunded. Please allow for up to 10 days for the money to show in your account.

4. REVISIONS & ADDITIONS. If the recipient wants revisions to the provided content, or requests additional pages of content written, it will be billed at an hourly rate of $50.

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