WEBSITE DEVELOPMENT & SERVICE AGREEMENT

This Website Development & Service Agreement (“Agreement”) is entered into as of the date of acceptance by the client (the “Effective Date”) by and between Altitude Branding Co. LLC, a California limited liability company with a principal place of business at 1680 Maryland St, Redwood City, CA 94061 (“Company”), and the client who agrees to these terms by selecting the acceptance checkbox during payment (“Client”).

1. SERVICES PROVIDED

Company agrees to design, develop, and maintain a website for Client in accordance with the specifications outlined in the attached Statement of Work. Ongoing services may include hosting, maintenance, updates, and other support as agreed upon in the service plan selected by Client.

2. PAYMENT TERMS

2.1 Development Fees – Client agrees to pay the agreed-upon fee for website design and development services. Payment terms and schedule will be outlined in the Statement of Work.

2.2 Monthly Service Plan – Client agrees to subscribe to a monthly service plan for a minimum period of twelve (12) months from the Effective Date. If the Client terminates the service plan before the completion of the one-year period, the Client agrees to pay the remaining balance for the full twelve-month term.

2.3 Cancellation Policy – After the initial twelve-month period, Client may cancel the monthly service plan at any time by providing at least 30 days’ written notice to Company.

3. CLIENT RESPONSIBILITIES

3.1 Content Submission – Client is responsible for providing all text, images, videos, trademarks, logos, and other content (“Client Content”) necessary for the development of the website.

3.2 Legal Compliance – Client represents and warrants that all Client Content is owned by Client or properly licensed and does not infringe upon any third-party intellectual property rights, violate privacy rights, or contain illegal or defamatory material.

4. LIABILITY & INDEMNIFICATION

4.1 Indemnification by Client – Client agrees to indemnify, defend, and hold harmless Company, its officers, employees, and affiliates from and against any claims, damages, losses, or expenses (including attorneys’ fees) arising out of or related to:

  • Any Client Content provided to Company;

  • Any infringement or alleged infringement of intellectual property rights by Client Content;

  • Any unauthorized or unlawful use of the website by Client.

4.2 Limitation of Liability – Company is not responsible for any indirect, incidental, special, or consequential damages arising out of or related to this Agreement. Company’s total liability shall not exceed the total fees paid by Client for services rendered under this Agreement.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Ownership of Website – Upon full payment, Client will own the completed website design and content, except for any third-party software, plugins, or Company’s proprietary tools used in development, which remain the intellectual property of their respective owners.

5.2 Company’s Right to Use – Company reserves the right to use the completed website design for marketing and portfolio purposes unless otherwise agreed in writing.

6. TERMINATION

6.1 Termination for Breach – Either party may terminate this Agreement with written notice if the other party materially breaches any provision and fails to cure such breach within ten (10) days of receiving notice.

6.2 Effect of Termination – Upon termination, all outstanding fees shall become immediately due. If Client terminates before the end of the twelve-month service term, Client remains obligated to pay the remaining balance for the term.

7. GENERAL TERMS

7.1 Confidentiality – Both parties agree to keep confidential any proprietary information shared during the course of this Agreement.

7.2 Governing Law – This Agreement shall be governed by the laws of the State of California.

7.3 Entire Agreement – This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, whether written or oral.

7.4 Amendments – Any modifications to this Agreement must be in writing and agreed upon by both parties.

By proceeding with payment, the Client acknowledges and agrees to be bound by the terms of this Agreement.