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Custom Responsive Website Re-Design	
& Search Engine Marketing 	
	
September 6, 2016	
Robin Petersen (“Client”)	
Law Offices of Robin M. Petersen	
www.elderlawcenterbrevard.com	
	
	
Law Promo, Inc.	
3278 Wilshire Blvd., Suite 203
Los Angeles, CA 90010	
Toll-free: 1-866-886-0548 	
Phone: (213) 341-1673	
Fax: (213) 559-9768	
www.lawpromo.com
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Contents of this Proposal	
	
Website	Solution	Overview	Page		………………………….	Page	3	
What	will	my	Site	Look	Like?	………………………….	Page	4	
Custom	Website	Design	Examples	………………………….	Page	5	
Why	Law	Promo?	………………………….	Page	6	
Website	Timeline	………………………….	Page	7	
Service	Pricing	………………………………	Page	8	
Payment	Schedule	…………………………	Page	9	
Terms	&	Conditions	……………………….	Page	10-11
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Challenge	
	
The	Estate	Planning	&	Elder	Law	Center	of	Brevard	website	(elderlawcenterbrevard.com)	
currently	ranks	on	the	2nd	and	3rd	page	results	for	more	highly-coveted	queries	like	“wills	&	
trusts”	and	“estate	planning”.	The	top	organic	results	all	seem	to	be	going	to	the	Law	Office	of	
Amy	B.	Jackson,	another	local	estate	planning	firm.		
	
If	no	action	is	taken,	elderlawcenterbrevard.com’s	search	rankings	could	continue	to	slip	
further,	making	it	more	difficult	for	the	firm	to	find	new	clients.	
	
Solution	
	
Law	Promo	understands	that	to	rank	well	in	search,	websites	must	be	user-friendly	and	provide	
answers	quickly.	Law	Promo	will	develop	a	modern,	responsive	(read:	mobile-friendly)	website	
that	is	designed	with	the	needs	of	senior	citizens	in	mind,	yet	provide	a	secondary	conversion	
path	for	younger,	more	tech-savvy	users.	Some	design	considerations	will	include	(but	not	
limited	to):	
	
★ Consistent	navigation	throughout	the	site	
★ Key	information	first	
★ Menus		that	open/close	on	a	single	click	or	screen	tap	
★ Body	text	16	pixels	or	larger	
	
Second,	Law	Promo	will	optimize	the	on-page	content	with	a	“hyper-local”	focus	to	drive	more	
search	results	for	specific	cities	/	districts	in	Brevard.	This	will	include	additional	pages	for	sub-
specialties	of	Mr.	Petersen’s	focus	practice	areas	-	the	goal	is	to	ensure	the	site’s	content	is	as	
good,	if	not	better,	than	every	page	of	content	on	the	client’s	formidable	competitor	-	the	law	
office	of	Amy	B.	Jackson.	
	
Third,	once	the	website	is	launched,	Law	Promo	will	implement	a	6-month	search	engine	
marketing	(SEM)	campaign	aimed	at	increasing	the	local	search	relevance	of	
elderlawcenterbrevard.com.	Mr.	Petersen	and	his	staff	will	be	given	periodic	keyword	reports	
to	discover	new	customer	insights,	generated	by	Law	Promo’s	marketing	efforts.	
	
Options	
	
❏ Website	Design	and	Logo	Only	=	$3,000.00	
❏ Website	Design	+	Practice	Areas	Content	=	$3,000.00	
❏ Website	Design,	Logo,	Practice	Area	Contents	+	SEM	=	$3,000.00
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What Will My Site Look Like?
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Custom Website Examples	
	
	
whitfieldandmocklaw.com	
	
	
onulawfirm.com	
	
rwplaw.com
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Web Content Roadmap	
	
During	the	design	phase,	our	content	writing	team	will	revise	the	content	in	BLUE,	and	add	
additional	pages	in	RED.	The	objective	is	to	provide	in-depth	content	for	specific	specialties	of	
each	focus	practice	area,	which	have	a	much	higher	chance	of	capturing	the	attention	of	online	
search	prospects	(as	opposed	to	higher	competition	broad	keyword	queries).	
	
Outline of Practice Area Content Revisions	
	
1. Legal	Services	
a. Estate	Planning	Lawyers	(was	‘Estate	Planning	-	Wills	&	Trusts’)	
i. Financial	Planning	
ii. Estate	Planning	for	Blended	Families	
iii. Estate	Planning	in	Domestic	Partnerships	
iv. Special	Needs	Planning	
v. Life	Estates	
b. Wills	and	Trusts	Attorneys	
i. Trust	Administration	
1. Revocable	Trusts	
2. Irrevocable	Trusts	
3. Testamentary	Trusts	
4. Discretionary	Trusts	
ii. Powers	of	Attorney	
iii. Health	Care	Directives	
iv. Guardianship	of	Senior	Citizens	(was	‘Guardianship’)	
c. Elder	Law	
i. Asset	Protection	
ii. Long-Term	Care	Planning	
iii. Caregiver	Agreements	
d. Veteran’s	Benefits	
i. Aid	and	Attendance	Pension	
ii. Survivor	Benefits	
e. Probate	
i. Formal	Administration	
ii. Ancillary	Probate	
iii. Florida	Probate	Code	
f. Medicaid	Applications	
i. Promissory	Notes	
ii. Annuities
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Why Law Promo Inc.?	
	
➔ History	-	we’ve	been	making	attorney	websites	since	2004	
➔ Affordable	-	our	hosting	and	maintenance	plans	are	a	fraction	of	the	cost	of	many	“Enterprise”	
level	law	firm	website	design	companies	
➔ Transparent	-	you	own	your	content	and	your	design	
➔ Experienced	-	extensive	knowledge	of	rules	and	regulations	relevant	to	legal	industry	websites	
	
	
Local References	
	
Available	upon	request	
	
Testimonials	
	
"Working with Law Promo has been a very positive experience!"	
“Working with Law Promo has been a very positive experience! I have recommended Law Promo to the
attorneys that have asked about my site, which Law Promo developed.”	
	
Greg Raffaele	
CROSSCOR Valuations & Forensics Inc.	
	
"My firm could not be more pleased with the product and services provided by Law Promo."	
“We have waited a very long time to have a presence in cyberspace. Due to the highly competent and
professional assistance of Law Promo, the wait was well worth while. We shopped around for quite some
time before selecting Law Promo and I can assure you that they have created for us an innovative and
valuable website at a very reasonable price. I wholeheartedly recommend Law Promo for your website
design needs.”	
	
Robert Lane Morris, Attorney	
Soltman Levitt Flaherty & Wattles LLP
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Website Timeline	
	
1. Website Intake Form - you provide us with your design preferences and
information for generating content
2. Choose Images - you may choose up to 6 images from our stock image library
3. Content Writing - our content writers ideate and publish web page content during
the next 3 steps
4. Website Mockup - approve a graphic facsimile of your website home page
5. Code the Website - web designer creates the website based on the approved
mockup
6. Launch Website - upon your approval of design and content, we make the website
“live”
7. Hosting & Maintenance Begins - our support staff will be available if you wish to
add / update text on or web pages after the design phase
8. Search Engine Marketing Begins - we work with you to hone a list of 10-20 search
queries we anticipate your firm can compete and succeed in ranking for, then go after
those search terms in 6-month SEM campaigns
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Pricing	
Custom Responsive Website Re-Design	 $3,000.00.00	
❖ Custom website design based on approved mockup
❖ Mobile and tablet ready design
❖ Search engine optimization of website structure
❖ J-query image slider / header image slideshow
❖ Complete ownership of the website
❖ Advanced content management system
❖ Website branding to help separate you from your competitors
❖ Tailored graphics & stock photography (up to 6 stock images. Additional
$50/per)
	
Blog Integration	 INCLUDED	
Logo Design Update (normally $500)	 $3,00.00	
Content Writing Package 	 $3,000.00	
❖ Starter content to expedite the design process
❖ Up to 35 pages of practice area content
	
Hosting & Maintenance ($3,0/6 months)	 Free for 6 months	
❖ World class Google cloud server - fastest, most reliable website server
available!
❖ Fast and Reliable website hosting (99.9% uptime)
❖ Unlimited website content updates (non-graphic work)
❖ 24/7 network and service monitoring, hacker and virus protection
❖ Periodic Website backups
	
Search Engine Marketing Level 3 ($3,000./month)	 $3,000.00	
❖ **Can be billed separate from above line items**
❖ First 3 months to be paid in full
❖ 50 Hours of SEM Labor Per Month
❖ Social Media SEO (Facebook, Twitter, Google+) twice weekly
❖ Blogging (2 posts/mo.) For search engine indexing purposes only
❖ Google Analytics Installation
❖ Business Directory Listings
❖ Keyword Progress Reports
	
TOTAL:	 $9,800.00
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Payment Schedule	
	
Deposit $3,000.00	
Due upon signing this contract	
	
Final Payment $3,000.00	
Due prior to website launch	
	
	
	
	
Client Information	
	
Client: ___________________________________________	
	
Address: _________________________________________	
	
City, State, Zip: ____________________________________	
	
	
	
Sign by Client	
	
On behalf of the Client (authorized signature):	
	
____________________________Date:________________	
	
On behalf of Law Promo (authorized signature):	
Date: 09/06/2016	
	
	
	
PLEASE MAKE CHECKS PAYABLE TO:	
	
Law Promo, Inc.	
3278 Wilshire Blvd.	
Suite 203	
Los Angeles, CA 90010
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Terms and Conditions	
	
1. Authorization 	
The Client is engaging Web Promo, Inc., a California
Corporation, (DBA “Law Promo”) as an independent contractor
for the specific purpose of developing the Client website.	
	
2. Invoices & Payment of Fees	
Initial Deposit invoice is payable within fourteen (14) days of
receipt. Web Promo reserves the right to remove the web site
from the Internet, or withhold print materials, until final
payment is made. All intellectual property rights under this
Agreement are conditioned upon payment in full. The final web
site design will be published to the hosting service upon receipt
of final payment.	
	
3. Copyrights and Trademarks	
The Client represents to Web Promo and unconditionally
guarantees that any elements of text, graphics, photos,
designs, trademarks, or other artwork furnished to Web
Promo for inclusion in the Client's web site are owned by the
Client, or that the Client has permission from the rightful
owner to use each of these elements, and will indemnify,
protect, defend and hold Web Promo and its employees,
officers and affiliates harmless from and against any and all
damages, liabilities, costs and expenses (including but not
limited to reasonable attorneys' fees and costs) incurred by
Web Promo as a result of any claim, judgment or proceeding
against Web Promo arising from the use of such elements
furnished by the Client.	
	
4. Ownership to Web Pages and Graphics	
Copyright to the finished assembled work of web pages and
graphics produced by Web Promo shall be vested with the
Client upon final payment for the project. This ownership is to
include: design, photos, graphics, source code, work-up files,
text, and any program(s) specifically designed or purchased on
behalf of the Client for completion of this project. All materials
developed under this Agreement and intended for publication
to the web remain the property of Web Promo until such time
as Client has tendered final payment for the work described
herein. At this time, all materials become the property of
Client. Web Promo retains a license to use general, non-
custom, design and code. Client grants to Web Promo a
perpetual license to display the design in their portfolio,
websites, and media for promotional purposes.	
	
5. Nondisclosure	
Web Promo and its employees agree that, except as directed
by the Client or as required by law, it will not, at any time
during the term of this Agreement, disclose any material non-
public information concerning the Client that is furnished by
the Client to Web Promo to any third-party. The Client agrees
that it will not convey any material non-public information
concerning Web Promo to any other party.	
6. Unauthorized Use and Program License	
	The Client will defend, indemnify, protect and hold Web
Promo and its employees, officers and affiliates harmless from
and against any and all damages, liabilities, costs and
expenses (including but not limited to attorneys' fees and
costs) incurred by Web Promo as a result of any claim,
judgment or proceeding against Web Promo arising from use
of program license(s) for which the Client does not have rights
to or authority to use. The Client will be responsible for
payment of any special licensing or royalty fees resulting from
the use of programs, links, or other 3rd-party web applications
that require such payments.	
	
7. Email Hosting	
The abuse and misuse of e-mail is a serious problem and Web
Promo is committed to a zero-tolerance anti-spamming policy.
Under this policy, we prohibit spam or any unsolicited
commercial email from being sent from your email address.
Web Promo reserves the right to terminate, without warning,
any account that violates this policy.	
	
8. Design Credit	
Client agrees that the website and any mockups created for
the Client may be included in Web Promo's portfolio and that
credit will appear on the website for a period of at least two
years.	
	
9. Completion Date	
Web Promo and the Client must work together to complete the
Web Design Project in a timely manner. We agree to work
expeditiously to complete the Web Design Project no later than
30 days after Client has submitted all necessary materials. If
the Client does not supply Web Promo with complete text and
graphics content for this Web Design Project within 60 days of
the effective date of this agreement, the entire deposit amount
of the agreement shall be retained by Web Promo as liquidated
damages and this Agreement shall become null and void, at
Web Promo's option.	
	
10. Entire Understanding; Counterparts	
This Agreement constitutes the sole agreement between Web
Promo and the Client regarding this project. It becomes
effective only when signed by both parties. It is the spirit of
this Agreement that this will be a mutually beneficial
arrangement for the Client and Web Promo. This Agreement
may be executed in any number of counterparts by the parties,
and when each party has signed and delivered at least one
such counterpart to the other party, each counterpart shall be
deemed an original and taken together shall constitute one
and the same Agreement that shall be binding and effective as
to all the parties.
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11. Governing Law; Arbitration	
This agreement shall be governed and construed in accordance
with the laws of the State of California. In the event of any
dispute, controversy or claim arising out of or in connection
with this Agreement, including the determination of the scope
or applicability of this agreement to arbitrate, the Parties agree
to submit the matter to settlement proceedings under the
American Arbitration Association (“AAA”) ADR Rules. If the
dispute, controversy or claim has not been settled within a
period of two months following the filing of a request for ADR
pursuant to the said Rules, any such controversy, claim or
dispute, including the determination of the scope or
applicability of this agreement to arbitrate, will be determined
by arbitration. The AAA will administer the arbitration
pursuant to its Arbitration Rules by one arbitrator appointed in
accordance with said Rules. The arbitration shall be conducted
in English, and a judgment on the award rendered by the
arbitrator may be entered by any court having jurisdiction
thereof. The place of the arbitration will be the City of Los
Angeles in the State of California. Either party may seek
interim or provisional relief in any court of competent
jurisdiction if necessary to protect the rights or property of that
party pending the appointment of the arbitrator or pending the
arbitrator’s determination of the merits of any dispute. The
arbitration award will be in writing and will specify the factual
and legal basis for the award, and the arbitration award will be
final and binding upon the parties.	
12. Price	
Agreement begins with an initial non-refundable deposit. The
final payment is due up on launch of the website or if client
delays more than 60 days on this project. If Web Promo
provides web hosting, maintenance, marketing or other
services, it is billed on an advanced monthly basis, via credit
card or invoice. Hosting and maintenance fees are non-
refundable. 	
	
13. Limitation on Liability 	
In no event shall Web Promo’s liability to the Client exceed the
amount of fees actually paid to Web Promo by the Client
hereunder. In no event shall Web Promo be liable for
consequential, punitive or special damages or lost profits of
the Client.	
	
14. Severability 	
The provisions of this Agreement are severable, and if any
provisions are determined to be unenforceable in whole or in
part, those provisions shall be reformed if possible to
effectuate the parties intent and, in any event, the remaining
provisions, and the enforceable parts of any partially
unenforceable (and unreformable) provisions, shall
nevertheless be enforceable.

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law-promo-custom-web-proposal-2

  • 1. Custom Responsive Website Re-Design & Search Engine Marketing September 6, 2016 Robin Petersen (“Client”) Law Offices of Robin M. Petersen www.elderlawcenterbrevard.com Law Promo, Inc. 3278 Wilshire Blvd., Suite 203 Los Angeles, CA 90010 Toll-free: 1-866-886-0548 Phone: (213) 341-1673 Fax: (213) 559-9768 www.lawpromo.com
  • 2. Pg 2 of 12 Law Promo Web Design Proposal - elderlawcenterbrevard.com Law Promo Web Design Proposal - elderlawcenterbrevard.com Contents of this Proposal Website Solution Overview Page …………………………. Page 3 What will my Site Look Like? …………………………. Page 4 Custom Website Design Examples …………………………. Page 5 Why Law Promo? …………………………. Page 6 Website Timeline …………………………. Page 7 Service Pricing ……………………………… Page 8 Payment Schedule ………………………… Page 9 Terms & Conditions ………………………. Page 10-11
  • 3. Pg 3 of 12 Law Promo Web Design Proposal - elderlawcenterbrevard.com Law Promo Web Design Proposal - elderlawcenterbrevard.com Challenge The Estate Planning & Elder Law Center of Brevard website (elderlawcenterbrevard.com) currently ranks on the 2nd and 3rd page results for more highly-coveted queries like “wills & trusts” and “estate planning”. The top organic results all seem to be going to the Law Office of Amy B. Jackson, another local estate planning firm. If no action is taken, elderlawcenterbrevard.com’s search rankings could continue to slip further, making it more difficult for the firm to find new clients. Solution Law Promo understands that to rank well in search, websites must be user-friendly and provide answers quickly. Law Promo will develop a modern, responsive (read: mobile-friendly) website that is designed with the needs of senior citizens in mind, yet provide a secondary conversion path for younger, more tech-savvy users. Some design considerations will include (but not limited to): ★ Consistent navigation throughout the site ★ Key information first ★ Menus that open/close on a single click or screen tap ★ Body text 16 pixels or larger Second, Law Promo will optimize the on-page content with a “hyper-local” focus to drive more search results for specific cities / districts in Brevard. This will include additional pages for sub- specialties of Mr. Petersen’s focus practice areas - the goal is to ensure the site’s content is as good, if not better, than every page of content on the client’s formidable competitor - the law office of Amy B. Jackson. Third, once the website is launched, Law Promo will implement a 6-month search engine marketing (SEM) campaign aimed at increasing the local search relevance of elderlawcenterbrevard.com. Mr. Petersen and his staff will be given periodic keyword reports to discover new customer insights, generated by Law Promo’s marketing efforts. Options ❏ Website Design and Logo Only = $3,000.00 ❏ Website Design + Practice Areas Content = $3,000.00 ❏ Website Design, Logo, Practice Area Contents + SEM = $3,000.00
  • 6. Pg 6 of 12 Law Promo Web Design Proposal - elderlawcenterbrevard.com Law Promo Web Design Proposal - elderlawcenterbrevard.com Web Content Roadmap During the design phase, our content writing team will revise the content in BLUE, and add additional pages in RED. The objective is to provide in-depth content for specific specialties of each focus practice area, which have a much higher chance of capturing the attention of online search prospects (as opposed to higher competition broad keyword queries). Outline of Practice Area Content Revisions 1. Legal Services a. Estate Planning Lawyers (was ‘Estate Planning - Wills & Trusts’) i. Financial Planning ii. Estate Planning for Blended Families iii. Estate Planning in Domestic Partnerships iv. Special Needs Planning v. Life Estates b. Wills and Trusts Attorneys i. Trust Administration 1. Revocable Trusts 2. Irrevocable Trusts 3. Testamentary Trusts 4. Discretionary Trusts ii. Powers of Attorney iii. Health Care Directives iv. Guardianship of Senior Citizens (was ‘Guardianship’) c. Elder Law i. Asset Protection ii. Long-Term Care Planning iii. Caregiver Agreements d. Veteran’s Benefits i. Aid and Attendance Pension ii. Survivor Benefits e. Probate i. Formal Administration ii. Ancillary Probate iii. Florida Probate Code f. Medicaid Applications i. Promissory Notes ii. Annuities
  • 7. Pg 7 of 12 Law Promo Web Design Proposal - elderlawcenterbrevard.com Law Promo Web Design Proposal - elderlawcenterbrevard.com Why Law Promo Inc.? ➔ History - we’ve been making attorney websites since 2004 ➔ Affordable - our hosting and maintenance plans are a fraction of the cost of many “Enterprise” level law firm website design companies ➔ Transparent - you own your content and your design ➔ Experienced - extensive knowledge of rules and regulations relevant to legal industry websites Local References Available upon request Testimonials "Working with Law Promo has been a very positive experience!" “Working with Law Promo has been a very positive experience! I have recommended Law Promo to the attorneys that have asked about my site, which Law Promo developed.” Greg Raffaele CROSSCOR Valuations & Forensics Inc. "My firm could not be more pleased with the product and services provided by Law Promo." “We have waited a very long time to have a presence in cyberspace. Due to the highly competent and professional assistance of Law Promo, the wait was well worth while. We shopped around for quite some time before selecting Law Promo and I can assure you that they have created for us an innovative and valuable website at a very reasonable price. I wholeheartedly recommend Law Promo for your website design needs.” Robert Lane Morris, Attorney Soltman Levitt Flaherty & Wattles LLP
  • 8. Pg 8 of 12 Law Promo Web Design Proposal - elderlawcenterbrevard.com Law Promo Web Design Proposal - elderlawcenterbrevard.com Website Timeline 1. Website Intake Form - you provide us with your design preferences and information for generating content 2. Choose Images - you may choose up to 6 images from our stock image library 3. Content Writing - our content writers ideate and publish web page content during the next 3 steps 4. Website Mockup - approve a graphic facsimile of your website home page 5. Code the Website - web designer creates the website based on the approved mockup 6. Launch Website - upon your approval of design and content, we make the website “live” 7. Hosting & Maintenance Begins - our support staff will be available if you wish to add / update text on or web pages after the design phase 8. Search Engine Marketing Begins - we work with you to hone a list of 10-20 search queries we anticipate your firm can compete and succeed in ranking for, then go after those search terms in 6-month SEM campaigns
  • 9. Pg 9 of 12 Law Promo Web Design Proposal - elderlawcenterbrevard.com Law Promo Web Design Proposal - elderlawcenterbrevard.com Pricing Custom Responsive Website Re-Design $3,000.00.00 ❖ Custom website design based on approved mockup ❖ Mobile and tablet ready design ❖ Search engine optimization of website structure ❖ J-query image slider / header image slideshow ❖ Complete ownership of the website ❖ Advanced content management system ❖ Website branding to help separate you from your competitors ❖ Tailored graphics & stock photography (up to 6 stock images. Additional $50/per) Blog Integration INCLUDED Logo Design Update (normally $500) $3,00.00 Content Writing Package $3,000.00 ❖ Starter content to expedite the design process ❖ Up to 35 pages of practice area content Hosting & Maintenance ($3,0/6 months) Free for 6 months ❖ World class Google cloud server - fastest, most reliable website server available! ❖ Fast and Reliable website hosting (99.9% uptime) ❖ Unlimited website content updates (non-graphic work) ❖ 24/7 network and service monitoring, hacker and virus protection ❖ Periodic Website backups Search Engine Marketing Level 3 ($3,000./month) $3,000.00 ❖ **Can be billed separate from above line items** ❖ First 3 months to be paid in full ❖ 50 Hours of SEM Labor Per Month ❖ Social Media SEO (Facebook, Twitter, Google+) twice weekly ❖ Blogging (2 posts/mo.) For search engine indexing purposes only ❖ Google Analytics Installation ❖ Business Directory Listings ❖ Keyword Progress Reports TOTAL: $9,800.00
  • 10. Pg 10 of 12 Law Promo Web Design Proposal - elderlawcenterbrevard.com Payment Schedule Deposit $3,000.00 Due upon signing this contract Final Payment $3,000.00 Due prior to website launch Client Information Client: ___________________________________________ Address: _________________________________________ City, State, Zip: ____________________________________ Sign by Client On behalf of the Client (authorized signature): ____________________________Date:________________ On behalf of Law Promo (authorized signature): Date: 09/06/2016 PLEASE MAKE CHECKS PAYABLE TO: Law Promo, Inc. 3278 Wilshire Blvd. Suite 203 Los Angeles, CA 90010
  • 11. Pg 11 of 12 Law Promo Web Design Proposal - elderlawcenterbrevard.com Terms and Conditions 1. Authorization The Client is engaging Web Promo, Inc., a California Corporation, (DBA “Law Promo”) as an independent contractor for the specific purpose of developing the Client website. 2. Invoices & Payment of Fees Initial Deposit invoice is payable within fourteen (14) days of receipt. Web Promo reserves the right to remove the web site from the Internet, or withhold print materials, until final payment is made. All intellectual property rights under this Agreement are conditioned upon payment in full. The final web site design will be published to the hosting service upon receipt of final payment. 3. Copyrights and Trademarks The Client represents to Web Promo and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Web Promo for inclusion in the Client's web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will indemnify, protect, defend and hold Web Promo and its employees, officers and affiliates harmless from and against any and all damages, liabilities, costs and expenses (including but not limited to reasonable attorneys' fees and costs) incurred by Web Promo as a result of any claim, judgment or proceeding against Web Promo arising from the use of such elements furnished by the Client. 4. Ownership to Web Pages and Graphics Copyright to the finished assembled work of web pages and graphics produced by Web Promo shall be vested with the Client upon final payment for the project. This ownership is to include: design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of the Client for completion of this project. All materials developed under this Agreement and intended for publication to the web remain the property of Web Promo until such time as Client has tendered final payment for the work described herein. At this time, all materials become the property of Client. Web Promo retains a license to use general, non- custom, design and code. Client grants to Web Promo a perpetual license to display the design in their portfolio, websites, and media for promotional purposes. 5. Nondisclosure Web Promo and its employees agree that, except as directed by the Client or as required by law, it will not, at any time during the term of this Agreement, disclose any material non- public information concerning the Client that is furnished by the Client to Web Promo to any third-party. The Client agrees that it will not convey any material non-public information concerning Web Promo to any other party. 6. Unauthorized Use and Program License The Client will defend, indemnify, protect and hold Web Promo and its employees, officers and affiliates harmless from and against any and all damages, liabilities, costs and expenses (including but not limited to attorneys' fees and costs) incurred by Web Promo as a result of any claim, judgment or proceeding against Web Promo arising from use of program license(s) for which the Client does not have rights to or authority to use. The Client will be responsible for payment of any special licensing or royalty fees resulting from the use of programs, links, or other 3rd-party web applications that require such payments. 7. Email Hosting The abuse and misuse of e-mail is a serious problem and Web Promo is committed to a zero-tolerance anti-spamming policy. Under this policy, we prohibit spam or any unsolicited commercial email from being sent from your email address. Web Promo reserves the right to terminate, without warning, any account that violates this policy. 8. Design Credit Client agrees that the website and any mockups created for the Client may be included in Web Promo's portfolio and that credit will appear on the website for a period of at least two years. 9. Completion Date Web Promo and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project no later than 30 days after Client has submitted all necessary materials. If the Client does not supply Web Promo with complete text and graphics content for this Web Design Project within 60 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by Web Promo as liquidated damages and this Agreement shall become null and void, at Web Promo's option. 10. Entire Understanding; Counterparts This Agreement constitutes the sole agreement between Web Promo and the Client regarding this project. It becomes effective only when signed by both parties. It is the spirit of this Agreement that this will be a mutually beneficial arrangement for the Client and Web Promo. This Agreement may be executed in any number of counterparts by the parties, and when each party has signed and delivered at least one such counterpart to the other party, each counterpart shall be deemed an original and taken together shall constitute one and the same Agreement that shall be binding and effective as to all the parties.
  • 12. Pg 12 of 12 Law Promo Web Design Proposal - elderlawcenterbrevard.com 11. Governing Law; Arbitration This agreement shall be governed and construed in accordance with the laws of the State of California. In the event of any dispute, controversy or claim arising out of or in connection with this Agreement, including the determination of the scope or applicability of this agreement to arbitrate, the Parties agree to submit the matter to settlement proceedings under the American Arbitration Association (“AAA”) ADR Rules. If the dispute, controversy or claim has not been settled within a period of two months following the filing of a request for ADR pursuant to the said Rules, any such controversy, claim or dispute, including the determination of the scope or applicability of this agreement to arbitrate, will be determined by arbitration. The AAA will administer the arbitration pursuant to its Arbitration Rules by one arbitrator appointed in accordance with said Rules. The arbitration shall be conducted in English, and a judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The place of the arbitration will be the City of Los Angeles in the State of California. Either party may seek interim or provisional relief in any court of competent jurisdiction if necessary to protect the rights or property of that party pending the appointment of the arbitrator or pending the arbitrator’s determination of the merits of any dispute. The arbitration award will be in writing and will specify the factual and legal basis for the award, and the arbitration award will be final and binding upon the parties. 12. Price Agreement begins with an initial non-refundable deposit. The final payment is due up on launch of the website or if client delays more than 60 days on this project. If Web Promo provides web hosting, maintenance, marketing or other services, it is billed on an advanced monthly basis, via credit card or invoice. Hosting and maintenance fees are non- refundable. 13. Limitation on Liability In no event shall Web Promo’s liability to the Client exceed the amount of fees actually paid to Web Promo by the Client hereunder. In no event shall Web Promo be liable for consequential, punitive or special damages or lost profits of the Client. 14. Severability The provisions of this Agreement are severable, and if any provisions are determined to be unenforceable in whole or in part, those provisions shall be reformed if possible to effectuate the parties intent and, in any event, the remaining provisions, and the enforceable parts of any partially unenforceable (and unreformable) provisions, shall nevertheless be enforceable.