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THIS AGREEMENT ("Agreement") is made and entered into this day of , ("Effective Date") between SpeedyWebs and ("Customer"). SpeedyWebs and Customer are also referred to as "party" and collectively as the "parties". Subject to and in consideration of the mutual promises, conditions, and agreements contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

  1. Scope of SERVICES: SpeedyWebs will provide website services to the Customer as outlined in Statement of Work ("SoW"), which is being executed concurrently with this Agreement and is attached thereto. The SoW is incorporated into this Agreement for all purposes. SpeedyWebs and the Customer agree that from time-to-time SpeedyWebs and the Customer may execute additional SoWs for various different projects under the terms of this Agreement. All such SoWs will refer to this Agreement and services under those SoWs will be performed under the terms of this Agreement.
  2. Confidential Information: Confidential information means any information disclosed to by one party to the other, either directly or indirectly in writing, orally or by inspection of tangible or intangible objects, including without limitation documents, business plans, source code, software, documentation, financial analysis, marketing plans, customer names, customer list, customer data. Confidential Information may also include information disclosed to a party by third parties at the direction of a Disclosing Party. Confidential Information shall not, however, include any information which the Receiving party can establish (i) was publicly known and made generally available in the public domain prior to the time of disclosure; (ii) becomes publicly known and made generally available after disclosure through no action or inaction of Receiving Party; or (iii) is in the possession of Receiving Party, without confidentiality restrictions, at the time of disclosure by the Disclosing Party as shown by Receiving Party's files and records immediately prior to the time of disclosure. The party disclosing the Confidential Information shall be referred to as "Disclosing Party" in the Agreement and the party receiving the Confidential Information shall be referred to as "Receiving Party" in the Agreement.

    Non-use and Non-disclosure: The Receiving Party agrees not to use any Confidential Information for any purpose except for the purpose of providing services under this Agreement. Receiving Party agrees not to disclose any Confidential Information to third parties or to its employees, except to those employees who are required to have the information in order to evaluate or engage in discussions concerning the contemplated business relationship.

    Maintenance of Confidentiality Information: The Receiving Party agrees that it shall take all reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information. Without limiting the foregoing, Receiving Party shall take at least those measures that Receiving Party takes to protect its own most highly confidential information and shall have its employees, if any, who have access to Confidential Information sign a non-use and non-disclosure agreement in content substantially similar to the provisions hereof, prior to any disclosure of Confidential Information to such employees. The Receiving Party shall not make any copies of Confidential Information unless the same are previously approved in writing by the Disclosing Party. The Receiving Party shall reproduce the Disclosing Party's proprietary rights notices on any such approved copies, in the same manner in which such notices were set forth in or on the original. The Receiving Party shall immediately notify the Disclosing Party in the event of any unauthorized use or disclosure of the Confidential Information.
  3. INTELLECTUAL PROPERTY: SpeedyWebs warrants that SpeedyWebs will not knowingly infringe on valid intellectual property (patents, copyrights, or trade secrets) of any third party in performing services under this Agreement. To the extent any material used by SpeedyWebs includes intellectual property of a third party, SpeedyWebs will obtain a license from the third party permitting the use of such intellectual property and granting SpeedyWebs the right to sub-license its use. SpeedyWebs will retain all intellectual property rights in any property invented or composed in the course of performing services under this Agreement.
  4. Termination: This Agreement shall remain in effect at least 12 months until terminated as agreed herein. This Agreement may be terminated by either party without cause upon 60 days’ prior written notice after the first 12 months. In such event, SpeedyWebs shall be paid at the applicable rates stipulated in SpeedyWebs’s Rate Schedule listed in Exhibit A, which is attached and incorporated into this Agreement, for services rendered up to the date of such termination.
  5. NO WAIVER: No waiver by either party of any of the terms, provisions or conditions of this Agreement shall be effective unless the waiver is in writing and signed by an authorized representative of both parties.
  6. ASSIGNMENT: Neither party shall assign this Agreement, either in whole or in part, without the express prior written consent of the other party hereto. Any such attempted assignment shall be void.
  7. SEVERABILITY: In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement, as so modified, shall continue in full force and effect.
  8. JURISDICTION; VENUE; WAIVER OF JURY TRIAL: This Agreement shall be governed, construed, and interpreted in accordance with the laws of the state of Texas without regard to any choice of law provisions. Any claim or lawsuit arising from or relating to this Agreement shall be filed and maintained in a court of competent jurisdiction in Dallas County, Texas. To the extent allowed by law, the parties each waive their right to a jury trial for any matter arising from or relating to this Agreement.
  9. EXHIBITS: The following Exhibits are attached hereto and made a part of this Agreement for all purposes:
    Exhibit A - SpeedyWebs’s Rate Schedule
  10. PARTIES’ RELSpeedyWebsONSHIP: Nothing contained herein will be construed as creating any agency, partnership, join venture or other form of joint enterprise between the parties. SpeedyWebs is an independent contractor, and neither SpeedyWebs nor SpeedyWebs’s staff shall be deemed Customer’s employees. In its capacity as an independent contractor, SpeedyWebs agrees and represents, and the Customer agrees that:
    1. SpeedyWebs will furnish all equipment and materials to provide the services required by this Agreement, except to the extent that certain developer work must be performed on or with the Customer’s equipment or existing software.
    2. SpeedyWebs will be responsible for paying all ordinary and necessary expenses of its staff.
    3. The Customer shall not be responsible for providing insurance coverage of any kind for SpeedyWebs or SpeedyWebs’s staff.
  11. FORCE MAJEURE: Except for the duty to make payments hereunder when due, neither SpeedyWebs nor the Customer shall be responsible to the other for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, "Force Majeure Event" shall include but not limited to: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes (except financial) beyond the control of either party. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Neither SpeedyWebs nor the Customer shall be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
  12. CONFIDENTIALITY: The parties shall hold the terms of this Agreement and any work order issued hereunder confidential, and shall only disclose the same as required by law. Information obtained by SpeedyWebs in the conduct of providing services under this Agreement shall be considered confidential and will not be divulged by SpeedyWebs or its employees, agents or subcontractors, to any person, firm, or corporation other than the Customer’s designated representatives.
  13. NOTICE: Unless otherwise specified in this Agreement or any Work Order, any notice required under this Agreement shall be in writing, addressed as follows:
SpeedyWebs

Contact Person

Asim Punjwani

Phone Number

847-452-9027

Email

info@speedywebs.com

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. Both parties agree that a single original of this Agreement will be executed.



Exhibit A
SpeedyWebs’s Rate Schedule
SpeedyWeb Service

Description

Charges

Notes

Contract Required

Hourly Rate / Additional hours

Rate/Month

Starter - Home Business

Annual

1 Year advance required

1 Year Min.

N/A

$20/month

Standard - CMS Wordpress

Annual

1 Year advance required

1 Year Min.

N/A

$40/month

Premium - Ecommerce Unlimited Items

Annual

1 Year advance required

1 Year Min.

N/A

$60/month

Plugin - Ebay | Amazon

Annual

1 Year advance required

1 Year Min.

N/A

$5/month/vendor

Additional work
(Redo existing site, include additional pages, etc.)

As need SOW Required

As Needed

N/A

$75/hr

N/A

Additional Services

As need SOW Required

As Needed

N/A

N/A

N/A

Travel:
If any service under this Agreement or corresponding SoW requires travel with prior approval from the Customer, then SpeedyWebs will charge travel expenses as follows:

  1. Travel by Vehicle: Any travel by vehicle will be charged at $0.575 per mile plus $1,200.00 (or $300/- for retainer services per day per person) for expenses. This includes lodging, boarding, and 8 hours of employee time.
  2. Air Travel: Any travel via air will be charged $1,200/- (or $300/- for retainer services per day per person) for expenses including lodging, boarding, and 8 hours of employee time plus actual charges from the airline and rental car companies.

Payments:

All payments shall be made to "SpeedyWebs" and mailed to 1750 Regal Row Suite 180 Dallas, TX 75235.