WEB DESIGN SUBSCRIPTION AGREEMENT
This Web Design Subscription Agreement (the "Agreement") is made and entered into on the date of signing by and between Client signed below (the "Client") and Foodietek (the "Company").
RECITALS
WHEREAS, the Client desires to engage the services of Foodietek to provide website design services as further described below; and
WHEREAS, Foodietek is willing to provide such services to the Client on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties agree as follows:
DESCRIPTION OF SERVICES. Foodietek will provide website design services to the Client as described in the subscription plan selected by the Client. The services may include website design and development, website hosting, website maintenance, website updates, and other related services as described in the subscription plan.
SUBSCRIPTION PLAN. The Client shall select a subscription plan from the options provided by Foodietek. The subscription plan selected by the Client shall be binding for the duration of the subscription term.
TERM. This Agreement shall commence on the date of signing and shall continue for the initial subscription term as selected by the Client. The subscription term shall automatically renew for successive terms as selected by the Client and agreed to by Foodietek, unless terminated by either party as provided below.
PAYMENT. The Client shall pay the fees as described in the subscription plan selected by the Client. The fees shall be payable in advance on a monthly or annual basis, as selected by the Client. The fees are non-refundable and non-cancellable.
TERMINATION. Either party may terminate this Agreement upon written notice to the other party if the other party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice thereof.
OWNERSHIP. Foodietek retains ownership of all intellectual property rights in the website design and development, including but not limited to copyrights, trademarks, and trade secrets.
PAYMENT
The Client shall pay the fees as described in the subscription plan selected by the Client. The fees shall be payable in advance on a monthly or annual basis, as selected by the Client. The fees are non-refundable and non-cancellable.The Client agrees that their bank account on file will be captured and securely stored to facilitate recurring payments under this Agreement.
CONFIDENTIALITY. The Client acknowledges that it may receive or have access to confidential and proprietary information of Foodietek, including but not limited to the website design and development. The Client agrees to maintain the confidentiality of such information and not to disclose it to any third party without the prior written consent of Foodietek.
DISCLAIMER OF WARRANTIES. Foodietek makes no warranties, express or implied, with respect to the website design and development, including but not limited to any warranties of merchantability or fitness for a particular purpose.
LIMITATION OF LIABILITY. In no event shall Foodietek be liable to the Client for any indirect, special, incidental, or consequential damages arising out of or in connection with this Agreement, including but not limited to lost profits, loss of data, or loss of business, even if Foodietek has been advised of the possibility of such damages.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Foodietek is located.
ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.