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This is our standard agreement for new websites. When we send your quote, this agreement comes with it, and you review and sign both online. Your quote sets the price, what’s included, and the payment amounts.
In short, you pay in three parts:
- 25% deposit (non-refundable) — When you sign. Work starts once it’s paid.
- 37.5% (half of the rest) — When you approve the design.
- 37.5% (the rest) — Before launch. Your site goes live once it’s paid and, if you chose a care plan, autopay is set up.
1. Who this agreement is between
This agreement is between KA Digital Labs LLC, a North Carolina limited liability company (“we”, “us”), and the client named in the Quote (“you”). It starts when you sign it.
The Quote above is part of this agreement. It lists what we will build, the price, and the payment schedule. If the Quote and this agreement disagree, the Quote wins for price and scope, and this agreement wins for everything else.
2. The work
We will design, build, and launch the website described in the Quote, including the pages, sections, features, and rounds of changes it lists.
Anything not in the Quote is extra. If you ask for more, we will tell you the price in writing first, using the price menu on our website on the day we quote it, or $95 an hour, and do it only after you agree. An email from you saying yes is enough.
A round of changes is one list of changes you send us together. A round can include editing text, headlines, or prices; swapping photos or your logo; changing colors or fonts; fixing spacing or sizes; reordering or removing sections; changing how a section is laid out; moving content from one page to another; adding or removing buttons and form fields; and adjusting how something looks on phones. New pages, new sections, new features, and starting the design over after you’ve approved it are extra work, priced as above. Rounds beyond those in the Quote are $95 an hour.
3. Price and payments
The total price is fixed and is shown in the Quote. You pay it in three parts:
(a) A deposit of 25% of the total, due when you sign. The deposit is non-refundable. It reserves time on our schedule and pays for planning and setup. We start work once it’s paid.
(b) Half of the remaining balance, due when you approve the design. We will show you the design, and you approve it in writing (email is fine). We don’t start building until the design is approved.
If you don’t reply within 10 business days of us showing the design, we may pause work. If you get back to us within 30 days of us showing the design, we pick up where we left off, and your deposit still counts. If the design isn’t approved within those 30 days, we may close the project. If we close it, you owe nothing more, the deposit is not refunded, and it can’t be used as a credit toward a new project. We will email you both dates when we show you the design, and email you if we pause or close the project. If we show you a revised design, both dates start over.
(c) The rest of the balance, due before launch. When the site is ready, we will show it to you and send the final invoice. The site goes live once it’s paid and, if you chose a care plan, you’ve set up autopay for it (section 6).
We send each invoice by email through Stripe. Each one is due within 7 days. If a payment is late, we may pause work until it’s paid, and the timeline moves back by the length of the pause. The price does not include any sales tax that may apply; if tax applies, it will be shown on the invoice.
4. What we need from you
You agree to send us the text, photos, logos, logins, and other materials we ask for, and to answer our questions and review our work within 5 business days.
You confirm that you own or have permission to use everything you send us, and that it doesn’t break any law or anyone else’s rights.
Waiting on your design approval follows section 3(b). At any other stage, if we don’t hear from you for 60 days in a row, we may put the project on hold. If it’s on hold for 90 days, we may close it. In that case, payments already made are not refunded, and any milestone you’ve reached is still due.
5. Timeline
Timelines in the Quote are good-faith estimates of our working time. They start once we have your deposit and your materials, and don’t include the time you take to review our work. Late materials, late feedback, late payments, or extra work move the dates back. We will keep you updated if the timeline changes.
6. Hosting, care plans, and handoff
A care plan is optional, and the Quote shows whether you chose one, and which. If you did, when your final payment is made we email you a secure Stripe link to save a payment method for your plan. Nothing is charged then. We launch your site once it’s saved. The plan starts on your launch date, and the first 30 days are free. The monthly price shown in the Quote is then charged to your saved payment method automatically, starting 30 days after launch and every month after that. You agree to keep a valid payment method on file; if a payment fails, we will let you know, and if it isn’t fixed within 14 days we may pause the plan’s services. You can cancel with 30 days’ written notice.
Your plan’s monthly price won’t change for the first 12 months after launch. After that, we may change it by emailing you at least 30 days before the new price applies, and you may cancel before then.
Edit time and development hours in your plan are for the month they’re included in and don’t carry over. If a request will take longer than your plan includes, we tell you first. Extra time is $95 an hour, billed only with your OK.
If your plan includes SiteMind, our AI assistant for websites, we set up a SiteMind account for your business at no cost beyond your plan’s price. It’s your own account, kept separate from our other clients, and you keep ownership of its content and data, as SiteMind’s own terms (sitemind.bot/terms) also say. SiteMind is a product of KA Digital Labs LLC. If your care plan ends, SiteMind ends with it unless you move to a paid SiteMind plan of your own.
If you don’t choose a care plan, or you give notice to cancel one within 12 months after your launch date, we hand the site over to you for a one-time handoff fee of 20% of the total price in the Quote, after any discounts. If you skip the plan, the fee is added to your final invoice. If you cancel, we invoice it when we get your notice, and it’s due within 7 days. There’s no handoff fee for notice given 12 months or more after launch, or if we end your care plan for any reason other than non-payment or a breach of this agreement.
At a minimum, the handoff includes a copy of your site’s files, ready to host; the content and design you own (section 8); a list of the outside services your site uses; and up to 1 hour of help getting it running on your new hosting. More help is $95 an hour. Our own tools, admin systems, and SiteMind aren’t included, so features that rely on them may need to be rebuilt elsewhere. Your license under section 8 continues, so you can keep using and editing your site.
Your domain is always yours. Whether or not a handoff fee is owed, we move your domain to you, or hand over control of it, whenever you ask.
We start the handoff once any fee is paid and you give us access to your new hosting, and finish it as soon as we reasonably can. Your site stays online on our hosting until then, but no longer than 30 days after the fee is paid (or, if you’re cancelling a care plan, the end of your notice period, if that’s later). If you haven’t given us access by then, we may take the site offline and send you a copy of its files instead, which completes the handoff. If a handoff fee is still unpaid when your notice period ends, we may take the site offline until it’s paid. After the handoff, we remove our access to your accounts and delete our copies and backups of your site within 30 days. Please change any passwords you shared with us.
7. Other costs
Some services are paid to other companies, such as domain registration, business email, or booking and payment tools. Unless the Quote says otherwise, these are billed to you directly by the provider or passed through at our cost. Domains we register for you are registered in your name.
8. Who owns what
Once you’ve paid in full, you own the final design, text, and images made for your site, and all content you gave us.
We keep ownership of our own tools, code, templates, and layout system, which we use for many clients. We give you a permanent, non-exclusive license to use them as part of your site.
Until you’ve paid in full, everything we make for you stays ours, except finished work you’ve paid for when this agreement ends early (section 9). We may show your finished site in our portfolio unless you ask us not to in writing.
9. Ending the agreement
You may end this agreement at any time by telling us in writing. The deposit is not refunded. If you end it before you’ve approved the design, you owe nothing more. After that, you pay for any milestone already reached, plus work done since the last milestone at our hourly rate, up to the amount of the next payment. We then hand over any finished work you’ve paid for.
We may end this agreement if you don’t pay on time or break this agreement and don’t fix it within 10 days of us telling you. We may also end it for any other reason with written notice; if we do, we will refund your deposit and any money paid for work we haven’t done yet.
10. Our promise and its limits
For 30 days after your site goes live or is handed over to you, whichever comes first, we will fix any bugs in our work at no charge. After that, fixes are covered by your care plan or billed hourly.
We don’t promise specific search rankings, traffic, leads, or sales. We aren’t responsible for problems caused by other companies’ services, changes made by anyone other than us, or content you provide. Except for the promise above, the work is provided “as is”.
11. Limit of liability
To the fullest extent the law allows, neither of us is liable to the other for lost profits or indirect, special, or consequential damages. Our total liability under this agreement will not be more than the amount you’ve paid us under it.
You agree to cover our costs if someone makes a claim against us because of content or materials you gave us.
12. Privacy and confidentiality
We each agree to keep the other’s private business information confidential and use it only for this project. This doesn’t cover information that is already public or that the law requires us to share.
13. General terms
We work as an independent business, not as your employee. We may use trusted subcontractors, and we remain responsible for their work.
This agreement is governed by the laws of the State of North Carolina. Any dispute will be handled in the state or federal courts located in North Carolina.
This agreement and the Quote are the whole agreement between us about this project. Changes must be in writing, and email counts. If any part can’t be enforced, the rest still applies.
14. Signing electronically
You agree to sign this agreement and receive notices, invoices, and records electronically. Before you sign, we email a one-time code to the email address in the Quote, and you enter it to confirm it’s you. Typing your name, entering the code, and checking the box has the same effect as signing on paper. We record your name, email, the time, your IP address and browser, each step you took to sign, and a digital fingerprint of this exact document. We keep a copy of the exact text you signed and email you a copy. You can ask for a paper copy at any time.
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