Website Services

Updated December 4, 2025

1. Introduction — Information on the Parties

This Contract for Services sets forth the Terms and Conditions (“T&C”) governing the working relationship between Bragg Media LLC (“AGENCY,” “we,” or “us”), located at 13335 15 Mile Road, Suite 245, Sterling Heights, MI 48312, and (“CLIENT” or “you”). All projects, deliverables, or services (“the Work”) that AGENCY is engaged to produce or provide shall be governed by these T&C. By signing this Agreement, CLIENT acknowledges and agrees to be bound by all provisions contained herein.

AGENCY will commence the Work upon CLIENT’s approval of this Agreement and receipt of the required initial deposit. CLIENT’s signature constitutes full acceptance of these T&C and establishes a binding contractual relationship.

These Terms and Conditions remain in effect for the full contractual term stated in this Agreement—including the minimum twelve (12)-month period—and thereafter for as long as AGENCY and CLIENT continue to work together. This minimum term applies solely to website design and development services, and does not apply to hosting or maintenance subscriptions.

The Agreement shall terminate only as outlined in the Termination provisions of this document.

Certain provisions naturally survive termination, including payment obligations, indemnification, intellectual property rights, confidentiality, and limitation of liability. All terms related to hosting, maintenance, liability, content responsibility, indemnification, and legal disclaimers shall remain in full effect for the entire duration that CLIENT continues hosting or maintenance services with AGENCY.

2. Website Hosting & Maintenance

Website hosting and maintenance are billed as a separate ongoing subscription service and are not governed by the minimum 12-month term that applies to website design and development.

Monthly website maintenance includes:

• WordPress core updates
• Plugin updates
• Troubleshooting functionality, design, and server issues
• Small content and photo changes
• Website hosting
• Global Edge Security

Hosting services do not include domain registration, renewal, DNS management, or email hosting unless otherwise stated. CLIENT is solely responsible for domain-related services unless AGENCY is explicitly contracted to manage them.

Security measures reduce risk but do not guarantee prevention of cyberattacks. Any recovery, cleaning, or remediation work performed by AGENCY due to malware, hacking, or security breaches will be billed at AGENCY’s standard hourly rate.

AGENCY does not guarantee uninterrupted website uptime. Temporary downtime may occur due to server maintenance, provider outages, software conflicts, or circumstances beyond AGENCY’s control.

2A. Hosting Subscription Term & Cancellation

Hosting and maintenance services are provided on a month-to-month subscription basis and renew automatically each month unless cancelled by CLIENT.

CLIENT may cancel hosting and maintenance services at any time by providing 30 days’ written notice to AGENCY. Fees already paid are non-refundable. Billing will continue through the final 30-day notice period.

Upon cancellation:

• Hosting services will end at the conclusion of the notice period.
• CLIENT is responsible for migrating the website to a new host before the termination date.
• If CLIENT requests migration assistance, it will be billed separately at AGENCY’s standard hourly rate.
• If CLIENT does not migrate the site before the termination date, the site may go offline. AGENCY is not obligated to store website files beyond the hosting end date unless CLIENT requests a backup in advance.
• Once hosting ends, AGENCY is not responsible for website downtime, loss of files, data, or functionality.

2B. Automatic Payments

The monthly hosting and maintenance fee at the time of billing will be automatically charged to CLIENT’s credit card through the Bragg Media Client Portal. Hosting and maintenance fees may be adjusted with 30 days’ written notice to CLIENT. By signing this Agreement, CLIENT authorizes recurring monthly charges.

Support requests will be addressed during AGENCY’s normal business hours and in the order received. Emergency or after-hours support, if available, may incur additional charges. Response times may vary based on workload, and same-day turnaround is not guaranteed.

2C. Backup Policy

AGENCY performs routine server-level backups through the hosting provider. These backups are intended for emergency restoration only and are not guaranteed. CLIENT is responsible for maintaining separate long-term backups if required for their business.

3. Website Design & Project Management

AGENCY will provide web design and development services as outlined in the Scope of Work or accompanying documentation. Work will begin after CLIENT has provided essential access and initial content required to begin the project.

AGENCY manages the project and defines the process, deliverable schedule, and deadlines. CLIENT agrees to provide timely approvals, content, access, and feedback.

CLIENT acknowledges that AGENCY retains full creative and technical discretion over design decisions, tools, platforms, and development approach. While CLIENT feedback is welcome, design direction ultimately rests with AGENCY to ensure functionality, performance, security, accessibility, and best practices.

3A. Communication Policy

CLIENT agrees to communicate with AGENCY through designated channels, such as email, the project portal, or scheduled calls. Messages sent through social media, text message, or informal platforms are not considered official communication and may not receive a response. AGENCY responds during normal business hours and does not provide after-hours or weekend communication unless otherwise agreed in writing.

4. Timeline

A work schedule will be provided after the initial planning meeting. Timely CLIENT participation directly affects deadlines. Unanticipated delays may occur and do not constitute breach or grounds for penalty.

Failure by CLIENT to provide materials or approvals will adjust deadlines accordingly. Any delay by CLIENT in providing required content, access, feedback, or approvals will automatically extend the project timeline without penalty to AGENCY.

5. Payment

CLIENT agrees to pay AGENCY according to this Agreement. A non-refundable deposit of 50% is required before work begins. CLIENT may not delay or withhold final payment due to CLIENT-caused delays, content delays, or inactivity.

If CLIENT does not provide launch approval within 10 days of receiving the final review notice, the deliverables will be deemed approved and final payment will be due regardless of launch status. All payments are non-refundable.

Interest on overdue balances is 18% per annum (1.5% per month). AGENCY may withhold deliverables or pause work until balances are paid.

Some third-party vendors (plugins, software services, etc.) are not part of this Agreement and are separate legal entities.

Launch dates cannot be used as a condition of payment; payment obligations are based on deliverables, not public launch.

6. No Guarantee

SEO Disclaimer: AGENCY provides basic SEO structure (such as metadata fields, readable markup, and SSL). Ongoing SEO strategy, keyword research, backlink development, ranking guarantees, or traffic increases are not included unless purchased separately.

Third-Party Services Disclaimer: CLIENT understands that AGENCY is not responsible for downtime, interruptions, data loss, performance issues, software conflicts, licensing changes, or discontinued features caused by third-party platforms or vendors (e.g., hosting companies, CRMs, plugins, payment processors, social media platforms). CLIENT understands these are outside AGENCY’s control.

Additional Disclaimer: CLIENT understands that website performance—including leads, sales, rankings, or conversions—depends on numerous factors outside AGENCY’s control, and AGENCY makes no performance or financial guarantees.

7. Electronic Commerce Laws & GDPR Disclaimer

CLIENT is solely responsible for complying with any laws, taxes, regulations, or tariffs applicable to CLIENT’s business activities. CLIENT agrees to hold AGENCY harmless from claims arising from CLIENT’s failure to comply.

AGENCY will incorporate GDPR-friendly best practices (e.g., cookie notices, privacy policy integration) but does not provide legal advice, legal compliance, or GDPR certification. CLIENT retains final responsibility for ADA, GDPR, privacy, and regulatory compliance.

7A. No Legal Advice

CLIENT acknowledges that AGENCY does not provide legal advice. Any information or recommendations provided by AGENCY regarding laws, regulations, compliance standards, or best practices—including but not limited to ADA, GDPR, copyright, privacy, accessibility, or electronic commerce laws—are not a substitute for legal counsel. CLIENT is solely responsible for obtaining independent legal advice to ensure compliance with all applicable laws and regulations.

8. ADA Compliance Disclaimer

AGENCY follows industry best practices for accessibility. Designs may include semantic HTML, keyboard navigation considerations, color-contrast awareness, and related standards. AGENCY also implements an accessibility plugin that allows users to adjust font size, contrast, colors, spacing, and more through an on-screen ADA menu.

However, AGENCY is not an ADA remediation company and does not guarantee compliance with WCAG, ADA Title III, or any accessibility standard. Full legal compliance requires specialized services beyond the scope of this Agreement.

CLIENT accepts these limitations and is responsible for obtaining independent legal or compliance guidance as needed.

9. Other Expenses

Professional fees do not include external expenses such as advertising fees, printing, photography, licensing, stock images, shipping, or third-party subscriptions. Such expenses require CLIENT approval prior to purchase.

This Agreement includes reasonable meeting time as determined by AGENCY. Excessive or repeated meetings, calls, or consultations may be billed at AGENCY’s hourly rate.

10. Work Outside Scope

Work requested by CLIENT that falls outside the approved Scope of Work requires a written project addendum.  AGENCY reserves the exclusive right to determine whether a requested change is within scope or requires additional billing. Additional fees must be agreed upon before work proceeds.

Unless otherwise specified in the Scope of Work, the project includes up to two (2) rounds of revisions. Additional revisions requested by CLIENT beyond the included rounds may require a change order and will be billed at AGENCY’s standard hourly rate.

11. Legal Use of Content

CLIENT represents that all provided content is legally owned, licensed, or authorized for use. CLIENT is responsible for ensuring all claims, statements, trademarks, and intellectual property comply with applicable laws.

CLIENT acknowledges that using unlicensed or copyrighted images may result in legal claims or fees from copyright holders. CLIENT accepts full responsibility for any such claims and agrees to indemnify AGENCY from all related costs.

Content Responsibility:

CLIENT is solely responsible for providing accurate, lawful, and complete content for the website, including text, images, documents, pricing, claims, and representations. AGENCY is not responsible for legal issues, inaccuracies, or delays caused by CLIENT-provided content.

CLIENT acknowledges that any third-party code, plugins, scripts, embeds, or integrations supplied or required by CLIENT are installed “as is,” without warranty of compatibility, performance, security, or uptime. CLIENT is fully responsible for any issues arising from such third-party tools, including conflicts, vulnerabilities, errors, or data loss.

If AGENCY provides any AI-assisted text, graphics, or suggestions, CLIENT is solely responsible for reviewing such content for accuracy, originality, compliance, and legal suitability. AGENCY makes no warranties regarding the factual accuracy, originality, authorship, copyright status, or fitness for use of any AI-generated content.

AGENCY is not responsible for issues arising from incorrect, outdated, or insecure login credentials provided by CLIENT.

12. Approvals & Prevention of Errors

AGENCY is not liable for any errors, omissions, or inaccuracies in deliverables once CLIENT has approved them, explicitly or by lapse of the review period.

CLIENT must review all proofs—including text, images, layout, and technical elements—before final approval. CLIENT acknowledges that failure to review deliverables or provide timely approval does not delay payment obligations.

Lack of response for 10 days constitutes approval. If CLIENT does not provide launch approval or required revisions within 10 days of receiving the final review notice, the deliverables will be considered approved and final payment will be due.

Quality Disclaimer: CLIENT understands that functionality testing, form testing, and QA may be delayed or limited until all required content is provided. 

AGENCY tests websites on the latest versions of major browsers (Chrome, Safari, Firefox, Edge) and standard mobile screen sizes. Support for outdated browsers, unusual devices, specialty configurations, or custom environments is not included unless explicitly stated.

Content Freeze: AGENCY may implement a content freeze five (5) days prior to launch. Any CLIENT revisions requested after the freeze may require postponing launch or may be billed separately.

Scope Freeze: Once design mockups are approved by CLIENT, major structural or design changes requested during development may require a change order and additional fees.

13. Protection of Property

AGENCY will take reasonable precautions to protect CLIENT property. In the absence of AGENCY negligence, AGENCY is not responsible for loss, damage, or vendor failure.

If CLIENT chooses their own vendors, AGENCY may assist in coordination but is not responsible for vendor quality, pricing, or delivery.

14. Contract Management, Abuse, and Termination

CLIENT acknowledges AGENCY manages the workflow and process. Attempts to override project management procedures may result in termination. AGENCY may terminate this Agreement immediately if CLIENT engages in abusive, threatening, or harassing behavior toward AGENCY or its staff.

14A. Agreement Term

This Agreement continues for a minimum of twelve (12) months with respect to website design and development services, or until terminated per the terms below. Hosting and maintenance subscriptions are governed separately under Section 2.

14B. Breach of Contract

Either party may terminate upon the other’s breach. Rights to work are determined by payment status. CLIENT receives rights only to work fully paid for.

14C. Termination Without Cause

If CLIENT cancels without cause: CLIENT must pay the remaining contract balance within 15 days. CLIENT receives no rights to unfinished work. “Remaining contract balance” refers to all unpaid design and development fees outlined in this Agreement. Hosting and maintenance subscription fees are not part of the design and development contract balance and are not included in the remaining amount due upon cancellation.

If AGENCY cancels without cause: AGENCY will deliver all paid-for work and refund 20% of fees paid to date. Hosting and maintenance fees are excluded from this refund.

Upon termination, CLIENT must indemnify AGENCY against all losses, claims, and legal costs arising from the relationship. CLIENT acknowledges that design and development schedules may allocate resources in advance, and therefore all contracted design and development fees are considered earned upon cancellation regardless of project phase.

15. Rights of Ownership

Upon full payment, AGENCY assigns to CLIENT the reproduction rights to the website design, layout, graphics, and written content created for the project, for the uses described in the Scope of Work.

However, CLIENT acknowledges and agrees that:

CLIENT’s ownership rights apply only to the final exported website files and do not include underlying frameworks, proprietary configurations, staging environments, server-level tools, or any other systems used internally by AGENCY. Additionally, ownership of the website does not include ownership of the hosting account, server environment, security tools, plugins licensed to AGENCY, or any third-party platforms used to build or maintain the site.

CLIENT does not receive direct administrative access to the hosting platform or server infrastructure. All hosting access remains under AGENCY’s master account for security and license-management purposes.

Any requests for server-level adjustments, DNS updates, plugin installations, or backups must be performed by AGENCY or an AGENCY-approved provider.

If CLIENT terminates hosting services, AGENCY will provide a full site export or backup package, but not access to AGENCY’s hosting dashboard, servers, or proprietary configurations.

Some third-party plugins or tools used in the project may be licensed under AGENCY’s developer or agency account. These licenses cannot be transferred. CLIENT must purchase their own licenses if migrating away from AGENCY’s hosting or maintenance service.

AGENCY stores project files for 90 days after final delivery, after which files may be discarded. Exported files do not include premium plugins, custom server settings, licensed themes, or any tools that cannot legally be distributed under AGENCY’s license.

16. Security Interest in Work

Work created but not fully paid for may be retained by AGENCY as security until all outstanding balances are satisfied.

17. Schedule of Deliverables & Client Responsibility

CLIENT must provide timely feedback, content, and approvals. Delays of 7 days or more may cause resource reallocation and project delays.

If CLIENT is inactive for 30 days, this constitutes project abandonment. AGENCY may cease work, and CLIENT receives no rights to the work.

Payment milestones remain unaffected by CLIENT-caused delays.

If the project is delayed or paused by CLIENT for more than thirty (30) days, AGENCY may assess a restart fee of $250 to resume work. This fee covers administrative time required to reallocate resources, reload project files, and re-establish project momentum.

18. Limitation of Liability

To the fullest extent permitted by law, AGENCY’s total cumulative liability to CLIENT shall not exceed the total fees paid by CLIENT to AGENCY in the 12 months preceding the event giving rise to the claim.

AGENCY shall not be liable for:

• indirect, incidental, consequential, special, punitive, or exemplary damages
• loss of profits, revenue, data, or opportunities
• business interruption
• damages caused by third-party platforms or software

CLIENT acknowledges this limitation is a fundamental part of the Agreement.

19. Dispute Resolution

19A. Negotiation

Parties agree to first attempt good-faith resolution through written notice and discussion for at least 15 days.

19B. Mediation

If unresolved, the dispute will be submitted to non-binding mediation in Macomb County, Michigan. Mediation fees are shared equally.

19C. Litigation

If mediation fails, disputes may be pursued in state or federal courts located in Michigan, and both parties consent to jurisdiction and venue.

19D. Attorney’s Fees

If AGENCY must enforce this Agreement or collect unpaid amounts, CLIENT shall pay AGENCY’s reasonable attorney’s fees, court costs, and allowable interest.

20. Additional Provisions

This Agreement is governed by Michigan law. It represents the entire agreement between the parties and may be amended only in writing signed by both parties. If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect. No verbal or informal communications shall modify this Agreement.

21. Force Majeure

AGENCY shall not be liable for any delay or failure to perform the Work or any obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics or public health emergencies, government orders or restrictions, labor disputes, widespread internet or telecommunications outages, hosting provider failures, third-party software or platform outages, cyberattacks, power failures, or any other event that makes performance commercially impracticable (“Force Majeure Event”).

AGENCY will notify CLIENT of the Force Majeure Event when reasonably possible and will resume performance as soon as the event concludes. Any deadlines or milestones affected by a Force Majeure Event will be adjusted accordingly without penalty to AGENCY. If a Force Majeure Event materially prevents completion of the Work for more than thirty (30) days, either party may terminate the Agreement by written notice. CLIENT remains responsible for all fees for work performed up to the date of termination.