This Website Rental Agreement ("Agreement") is made and entered into as of [Effective Date], by and between K-wired.com, with its principal place of business at 110 Spirit Lake Rd. Ste 4, Winter Haven, FL 33880 ("Company"), and [Client Name], an individual/entity ("Client"). Collectively referred to as the "Parties."
1. SERVICES PROVIDED
1.1 Design and Development: Company agrees to design, develop, and create a fully functional website ("Website") for Client, including basic web design, development, and integration of Client-provided content.
1.2 Hosting and Maintenance: Company will host the Website on its server, which provides unlimited storage and resources. Company will also provide routine maintenance and updates as part of this service. The Website will be accessible to Client at all times, barring any unforeseen technical issues.
1.3 Domain Porting: Company will port existing domains (if applicable) for use on the Website at no additional charge.
2. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
2.1 Website Ownership: All intellectual property, including but not limited to the Website’s design, structure, code, images, logos, and graphics, remains the sole property of Company. Client understands and agrees that the Website is "rented" and will not be owned by Client unless purchased in accordance with Section 4 below.
2.2 Content Ownership: Client retains ownership of all content (text, images, videos, logos, and proprietary data) provided for use on the Website, but grants Company a perpetual, non-exclusive license to use such content for the purposes of fulfilling this Agreement.
2.3 Material Portability: If this Agreement is terminated for any reason, Client may request any ported material (e.g., domain names, images, or files) without incurring any additional fees, provided such material does not violate Company’s intellectual property rights.
3. FEES AND PAYMENT TERMS
3.1 Monthly Service Fee: Client agrees to pay a fixed monthly service fee of $29.00/month for the rental of the Website and associated services. This fee is due on the 1st of each month, and payment must be made via credit/debit card on Company portal or by money order made out to K-Wired.com and sent to 110 Spirit Lake Rd. Ste 4, Winter Haven, FL 33880.
3.2 Late Payments: Payments not received within 7 days of the due date will incur a late fee of $1.09 per month. Continued non-payment may result in suspension or termination of the Website and services provided under this Agreement.
3.3 Taxes: Client is responsible for paying any applicable taxes, fees, or duties arising from this Agreement, including sales, use, and value-added taxes.
4. PURCHASE OPTION
4.1 Right to Purchase: Client has the option to purchase the Website at any time during the rental period. The purchase price will be determined by the scope and complexity of the Website, as outlined in the attached pricing schedule.
4.2 Transfer of Ownership: Upon full payment of the purchase price, Client will assume full ownership of the Website, including the domain, code, and all associated content. Ownership transfer will be completed within 30 days following receipt of payment.
4.3 No Refund Policy: Once the Website has been purchased, Client will not be entitled to any refunds on prior rental payments.
5. TERM AND TERMINATION
5.1 Term: This Agreement shall remain in effect until terminated by either Party in accordance with the provisions of this Section.
5.2 Termination by Client: Client may terminate this Agreement at any time by providing 3 days written notice to Company.
5.3 Termination by Company: Company reserves the right to terminate this Agreement immediately upon Client’s failure to make timely payments, breach of any terms of this Agreement, or misuse of Company’s intellectual property.
5.4 Post-Termination Rights: Upon termination, Client may request any ported materials (domains, images, files) as specified in Section 2.3. Client shall be responsible for any transfer fees associated with the return of such materials.
6. LIMITATION OF LIABILITY
6.1 No Liability for Downtime: Company will make reasonable efforts to ensure the Website is operational at all times. However, Company is not liable for any damages or losses resulting from Website downtime, delays, or errors caused by circumstances beyond its control, including but not limited to server failures, network issues, or third-party service outages.
6.2 Indemnification: Client agrees to indemnify and hold harmless Company from any and all claims, losses, damages, and liabilities arising from the use of the Website, including but not limited to intellectual property infringement claims, content disputes, and other legal actions.
7. CONFIDENTIALITY AND NON-DISCLOSURE
7.1 Confidentiality: Both Parties agree to keep any confidential information disclosed in the course of this Agreement, including business practices, client data, and proprietary technology, confidential and not to disclose it to third parties without prior written consent from the other Party, except as required by law.
8. GOVERNING LAW AND DISPUTE RESOLUTION
8.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
8.2 Dispute Resolution: In the event of any dispute, the Parties agree to attempt to resolve the matter through good faith negotiations. If resolution is not reached, the Parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association.
9. MISCELLANEOUS
9.1 Entire Agreement: This Agreement represents the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral.
9.2 Amendments: Any amendments to this Agreement must be made in writing and signed by both Parties.
9.3 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Website Rental Agreement as of the Effective Date.
