Thank you for choosing Boldwater Studios LLC to handle your projects. The following agreement specifies the terms and conditions of this project. Please review, sign and mail us this contract with your first payment. Please keep a copy of this agreement for your records. If you need a copy of the contract containing our signature, we will be glad to send one to you at your request. Please be advised that Boldwater Studios LLC shall retain the original signed contract. Boldwater Studios LLC shall send the client a copy of the original signed contract upon the client’s request.  If you have any questions about any item in this contract, please contact us, and we will try to help you better understand any provisions in this agreement.

You in this legal contract are referred to as the “client”.

1. Authorization.
   The above-named client is employing Boldwater Studios LLC, a Limited Liability Corporation located at 2231 Westminster Drive Cocoa FL 32926, for the specific project of Web Site Development. By signing this document, Client and Boldwater Innovations LLC, agree as to the legitimacy of this contract.
2. Project Elements.
   Please review the approved Proposal and Estimate for the Project Scope and Fees.
3. Payment of Fees.
   In order for Boldwater Studios LLC to keep its rates low, payments must be made promptly. Bills will be deemed delinquent and assessed a $25 charge if payment is not received within 15 days after the due date. If an amount remains delinquent 30 days after its due date, an additional 2.5% penalty will be added for each month of delinquency. Boldwater Studios LLC reserves the right to remove web pages from viewing on the internet until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred by that process.
4. Initial Payment.
   Payment of the base fee will be made as follows: The total cost of the project will be made from the client in 2 payments in the amount of 50% of project cost for each payment. All payments should be made to Boldwater Studios LLC 2231 Westminster Drive, Cocoa FL 32926
5. Maintenance and Hourly Rate.
   This agreement includes minor webpage maintenance for the first 15 days after the website is completed, including updating links and making minor changes to a sentence or paragraph. It does not include drastic maintenance such as removing nearly all the text from a page and replacing it with new text.
   Changes requested by the client beyond those limits will be billed at the hourly rate of $125, with a one half hour minimum per update. If you believe that your website will need to be updated frequently, please contact us for pricing of maintenance packages.
   This rate shall also govern additional work authorized beyond the maximums specified above for services such as general internet orientation education, marketing consulting, webpage design, editing, modifying product pages and databases in an online store, photo editing, graphics services, and helping clients learn how to use their own webpage editor. Programming / Scripting charges are billed at the hourly rate of $125, with a one half hour minimum per update.
6. Changes to Submitted Text.
   Please send us your finalized text. Time required to make substantive changes to client-submitted text after the web page has been constructed will be considered additional time and invoiced at the hourly rate of $125.
7. Web Hosting.
   The Client is responsible for choosing, paying for, and maintaining any required Hosting solutions and associated services. If 3^rd party hosting is used, BoldWater Studios is NOT responsible for down time, poor performance, or loss of data caused by the Hosting Provider. Additionally, Boldwater Studios is not responsible for any bug caused by changes on the Host after the Acceptance of this Contract, including but not limited to updates to operating system, compile systems, code libraries and languages, or any changes resulting from security violations.
   By selecting Boldwater Studios LLC’s website hosting services, you agree to the terms listed here.
8. Completion Date.
   Boldwater Studios LLC and the client must work together to complete the project specified above in a timely manner. We agree to work expeditiously to complete the project.
   The client is responsible for supplying Boldwater Studios LLC with complete text and the necessary items and graphics that are not developed by Boldwater Studios LLC for the web pages in a timely matter. In the event that any aspect of this Contract is dependent on a separate third party or the Client’s in house team, the quality and punctuality of the Finished Product(s) may be subject to said party’s ability to meet the required timelines and/or level of quality. Boldwater Studios LLC is not responsible for any delay or defect caused by separate third party or the Client’s in house teams.
   The client has 90 days within the date of this contract to supply all information necessary to complete the website. If after 90 days Boldwater Studios LLC has still not received the information necessary to complete the project, then the client is in breach of contract and shall lose 40% of the full deposited amount.
9. Assignment of Project.
   Boldwater Studios LLC reserves the right to assign subcontractors to this project to ensure on-time completion.
10. Limitation of Liability.
    The Client alone shall be responsible for: (a) the accuracy and adequacy of information and data furnished for processing; (b) any use made by the Client of the output of the Software or any reliance thereon; and (c) obtaining the required licenses and respect copyright for any and all third part assets including but not limited to fonts, media, and software. The Client shall also be responsible for the continued operation and maintenance of the computer equipment and third party software used with the Finished Product(s), and shall comply with all operational, environmental and maintenance recommendations and requirements of the applicable licensors, vendors and manufacturers.
    The Client agrees that any liability of Boldwater Studios LLC relating to this agreement and the services performed shall be limited to the amount of fees actually received by Boldwater Studios LLC, from the Client under this agreement regarding the services in question. In no event shall Boldwater Innovations LLC be liable for any special, incidental, indirect, cover, consequential, exemplary or punitive damages; any damages based on injury to person or property; or any lost sales, profits or data, even if the Client is told that any such damages may occur.
11. Copyrights and Trademarks.
    The client represents to Boldwater Studios LLC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Boldwater Studios LLC for inclusion in the project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Boldwater Studios LLC and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
12. Laws Affecting Electronic Commerce.
    From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that they are solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Boldwater Studios LLC and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.
13. Copyright & Ownership to Webpage’s & Domain.
    Copyright to the finished assembled work of web pages produced by Boldwater Studios LLC belongs solely and exclusively to the client upon final payment of this contract. Boldwater Studios LLC is assigned rights to the use and the ownership of the website, design, graphics, and text contained in the finished assembled website and print templates. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Any licensed software not developed by Boldwater Studios LLC (such as CGI, Pearl, PHP scripts) may be owned by another software company that has granted Boldwater Studios LLC the right to initiate it into the client’s website, and does not grant the client ownership of the script.
    Boldwater Studios LLC and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios, unless otherwise specified by the client.
    The client retains ownership of the domain name(s) bought through Boldwater Studios LLC after the invoice is paid in full. Boldwater Studios LLC reserves the right to withhold property such as domain names and copyright ownership if the client is in debt to Boldwater Studios LLC.
14. Backups
    Boldwater Studios LLC maintains internal backups of active project code and design files. This backup system is not intended as a solution for The Client, rather as a code archive through the duration of this Contract. While the Boldwater Studios LLC backup system is fully redundant, it is not guaranteed and does not support any content produced by the Client. The Client is solely responsible for the Backup and Restoration of the Finished Product(s) and any associated data.
15. Security
    Although Boldwater Studios LLC makes every effort to provide secure Finished Product(s), due to the nature of rapidly advancing technology, Boldwater Studios LLC can in no way guaranty that the Finished Product(s) will not be subject to security breaches. Boldwater Studios LLC recommends the use of strong passwords and the observance of standard security practices. In order to minimize the chances of security violations, systems should be updated often. The Client is solely responsible for tracking software updates. Any updates during the life of or after the expiration of the Contract can be negotiated as an addendum to this Contract or as an additional Contract.
16. Warranty
    Boldwater Studios LLC will provide patches and bug fixes for any bugs or issues included in the scope of this contract reported within the grace period of no more than 30 days following the date of project completion as defined by the date the client signs off on the deliverables. All bug fixes outside of the project scope or after the grace period are the responsibility of the client.
    Hourly projects are NOT subject to warranty. Design and the placement, editing and arrangement of editorial content are NOT subject to warranty. Should further support be necessary, a support contract may be negotiated.
17. Sole Agreement.
    The agreement contained in this “Website Design Contract” constitutes the sole agreement between Boldwater Studios LLC and the client regarding the project outlined above and in the approved proposal. Any additional work not specified in this contract must be authorized by a written change order.
18. Refund Policy.
    The client may halt work and request for a refund within 15 days of the date of this contract by mailing a certified letter to the Director of Boldwater Studios LLC, 2231 Westminster Drive, Cocoa, FL 32926. If at any time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate of $125, which could result in higher fees then the quote prices given.
19. Miscellaneous.
    This contract shall be governed by the substantive laws of the State of Florida without regard to conflict of law principles. The contract constitutes the entire understanding and agreement between the parties hereto and their affiliates with respect to its subject matter and supersedes all prior or contemporaneous agreements, representatives, warranties and understandings of such parties (whether oral or written). No promise, inducement, representation or agreement, other than as expressly set forth herein, has been made to or by the parties hereto. This letter may be amended only by written agreement, signed by the parties to be bound by the amendment. Evidence shall be inadmissible to show agreement by and between such parties to any term or condition contrary to or in addition to the terms and conditions contained in this letter. This letter shall be construed according to its fair meaning and not strictly for or against either party.