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    This Website Design Agreement is being made between Ira Zlatkin located at 1560 Periwinkle Way, Sanibel Island, Florida 33957 and TChertz, LLC (a division of Total Concept, Inc.) on October 3, 2018. Ira Zlatkin and Pegasus Financial Consultants may also be referred to as “Party” or together as the “Parties”.


    1. Services

      We will provide You with the following services in a timely and professional manner.


      Description of the Services:

      • Simple responsive 5 page site (or less).

      • Website theme, plugin and core updates, basic SEO services and website security included.

      • One site edit allowed per month. Two or more at $85.00/hr.


        If you decide the Services aren’t exactly what You are looking for, don’t worry as We can change the scope of the Services for You at any time. To update the scope of the Services, all You have to do is let Us know as soon as possible, If the new Services are going to require a bit more work for Us, then both Parties will have to agree in writing to an updated cost for the Services. Speaking of costs…


    2. Cost & Payment

      Amount Due at Signing: $250

      Amount Due at Completion: $49.95/month for 24 months

      $29.95/month thereafter with no contract, open ended.

      Please note that all money transactions will automatically be paid to TChertz, LLC via credit card. For your safety, we keep all credit card information off line. Transfer of funds will occur over secured lines between your credit card company and the TChertz, LLC PayPal account.


    3. Time line

      We will roll up our sleeves and get work on the agreed upon date and continue until the satisfactory completion of the Services. Here is the schedule We will follow:


      Preliminary Design: Start Date to be determined when the down payment is received.


      We want to keep You informed of the progress We are making on your website. We will share our work with You via an online proofing area and be available to answer any questions you may have during that time.


      Your FINAL review must include any and all feedback You have. Completion: No later than 10 working days after deposit is received.

      We will be available for 1 week to provide You with reasonable technical support and correct any possible errors or deficiencies. Thereafter, any changes made to the site would be considered “Site Edits” as mentioned in the Description of the Services above.


    4. Copyright Notice

      A Copyright notice that states “© 2018 Pegasus Financial Consultants” will be displayed on the bottom of each page of your website.

    5. Intellectual Property

      You will own the masterpiece, also known as the website, that We design for You and any visuals that We provide with it. Upon request, will turn over our work product, including any necessary files, and You will be responsible for their safekeeping. We are not required to keep copies. You guarantee that You have the legal right to all elements of text, photographs, and anything else that You provide to Us and that You will not hold Us responsible for any third-party claims.


      We will own any copyrightable work, ideas, inventions, products, or other information that We create in connection with the Services We are providing. We guarantee that We have the legal right to all elements related to the Services We are providing and will not hold You responsible for any third-party claims.


    6. Confidentiality

      Your secrets are safe with Us. This includes your proprietary information (things like trade secrets, know-how, or any other confidential information that is not publicly available). We promise We won’t sell your proprietary information to a third-party, no matter how much they offer Us.


    7. Assignment

      The Parties may not assign the responsibilities that they have under this Agreement to anyone else unless both Parties agree to the assignment in writing.


    8. Termination

      We would really hate to see You go. If You decide We aren’t your cup of tea (or wine), You can end this Agreement providing that there is no outstanding money owed for the Services that We have completed by giving Us a ten (10) day written notice.


      If either Party fails to follow through with their responsibilities or obligations under this Agreement, the other Party can end this Agreement by giving a ten (10) day written notice.


      This Agreement will automatically terminate when both Parties have performed all of their obligations under the Agreement and all payments have been made.


    9. Limitation of Liability

      Your liability to Us is only for the costs payable under this Agreement. You will not be liable to Us, or any third-party, for damages like lost profits, lost savings, incidental damages, consequential damages, or special damages.


    10. Dispute Resolution

      1. Negotiation: We want to work this out. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation.

      2. Mediation/Arbitration: If talking it over doesn’t go well, either Party may initiate mediation or binding arbitration in a forum mutually agreed to by the Parties.

      3. Litigation: If litigation is necessary, this Agreement will be interpreted based on the laws of the State of [State], regardless of any conflict of law issues that may arises. The Parties agree that the dispute will be resolved at a court of competent jurisdiction in the agreed upon State.

      4. Attorney’s Fees: The prevailing party, or “winner” as non-lawyers call it, will be able to recover its attorney’s fees and other reasonable costs for a dispute resolved by binding arbitration or litigation.

    11. Severability

      If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of the Agreement will still be enforceable.


    12. Complete Contract

      This Agreement puts the Parties entire understanding of the Services to be performed and anything else the Parties have agreed to in black and white (literally). This Agreement supersedes any other written or verbal communications between the Parties. Any subsequent changes to this Agreement must be made in writing and signed by both Parties.


    13. Let’s Shake Hands

    If You agree to the terms of this Agreement, please sign below. This Agreement will become effective when the down payment is received.

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