MarshallCooper Digital Service Agreement

Tier 1 - Basic Website Design and Hosting

Effective Date: Effective as of the date of subscription

This Service Agreement (“Agreement”) is entered into by and between MarshallCooper Digital, a product of W Squared Enterprises, LLC (“Service Provider”), and the Client (“Client”). By subscribing to the Basic website design and hosting services provided by MarshallCooper Digital, the Client agrees to the terms and conditions set forth in this Agreement.

1. Services Provided

MarshallCooper Digital will provide the following services to the Client under the Tier 1 (Basic) plan:

  • Basic website design and setup

  • Website hosting and management

  • Basic ongoing support and maintenance

  • Regular updates as needed for smooth functioning of the website

The service does not include SEO, social media management, or advanced customization beyond the scope of the basic design.

2. Payment Terms

  • The Client agrees to pay $59 per month for the services provided under this Agreement.

  • Payment is due on the date of subscription, and it will be automatically drafted via Stripe.

  • If payment is not made within 10 days of the due date, services may be suspended until payment is received. If payment is not made after 10 days, MarshallCooper Digital reserves the right to terminate the service.

3. Website Ownership and Leasing Terms

  • MarshallCooper Digital retains ownership of the website design, structure, and all related intellectual property.

  • The Client is effectively leasing the website for the duration of this Agreement.

  • Should the Client wish to cancel their plan and retain ownership of the website, a $1,000 buyout fee must be paid.

  • After 24 months of continuous subscription, the buyout fee will be reduced to $250.

  • If the Client does not pay the buyout fee upon cancellation, the website design and related assets will remain the property of MarshallCooper Digital.

4. Cancellation and Termination

  • The Client may cancel their service at any time by providing written notice to MarshallCooper Digital.

  • Upon cancellation, if the Client wishes to retain ownership of the website, they must pay the $1,000 buyout fee, or $250 if they have been subscribed for 24 months or more.

  • If the buyout fee is not paid, MarshallCooper Digital will retain full ownership of the website and reserves the right to repurpose or retain the design.

  • MarshallCooper Digital may terminate this Agreement for non-payment or breach of the terms outlined herein, with notice to the Client.

5. Service Limitations

  • The services provided under this Agreement are limited to basic website design, hosting, and management. Any additional services will require an additional fee.

6. Modifications to the Service

  • The Client may request to upgrade their service plan at any time. Upgrades will be applied in the next billing cycle.

  • Downgrades are not available at any time; they will be considered on a case-by-case basis.

  • MarshallCooper Digital reserves the right to modify its service offerings or pricing with 30 days' notice to the Client.

7. Liability and Warranty

  • MarshallCooper Digital makes no guarantees or warranties regarding specific outcomes or results from the website, including but not limited to increased traffic, leads, or conversions.

  • The Service Provider is not liable for any issues related to third-party software, hosting outages, or external security breaches.

  • The Client is responsible for any content added to the website and must ensure that it complies with all applicable laws and regulations.

8. Governing Law and Dispute Resolution

  • This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, USA.

  • In the event of any dispute arising under this Agreement, the parties agree to attempt to resolve the issue through good faith negotiations. If these efforts are unsuccessful, the dispute shall be resolved in Texas, USA.

By subscribing to the services provided by MarshallCooper Digital, the Client acknowledges that they have read and agree to this Service Agreement. The Client’s action of subscribing and paying for the services through the checkout process shall constitute acceptance of these terms.