Website Design & Management Service Agreement

1. The parties

This Agreement is between Bayou Bit, LLC, doing business as Bayou Bit, and the client identified during signup (the "Client").

By checking the acceptance box during signup, Client accepts this Agreement electronically.

2. The service

Bayou Bit provides an ongoing Website Design & Management service, which normally includes:

• custom professional website design
• development
• hosting
• SSL and security
• mobile optimization
• basic SEO
• domain setup and management
• contact forms
• Google integrations
• reasonable third-party website integrations
• unlimited reasonable website updates
• ongoing maintenance
• ongoing support

The specific website structure, content, design, features, and implementation depend upon the Client's business and the information provided to Bayou Bit.

3. Price

Client agrees to pay the recurring monthly subscription price displayed and accepted during signup.

• Founding Client rate, when applicable: $150 per month.
• Standard rate: $199 per month.

Applicable sales, use, or similar taxes may be charged in addition to the advertised monthly service fee.

Bayou Bit does not charge a separate upfront website design fee under this subscription arrangement.

4. Initial 12-month term

The initial Website Design & Management service term is twelve (12) consecutive months beginning when Client's paid subscription becomes active.

Client agrees to pay the applicable monthly subscription fee throughout the initial 12-month term.

After the initial 12-month term is completed, service continues month-to-month until canceled in accordance with this Agreement.

5. Founding Client rate

When Client qualifies for the Founding Client rate, that rate remains available while the subscription remains continuously active and in good standing.

Cancellation ends Client's entitlement to the Founding Client rate.

If Client later returns, then-current pricing applies unless Bayou Bit agrees otherwise in writing.

A canceled Founding Client continues to count toward Bayou Bit's original Founding Client limit.

6. Recurring billing

Client authorizes Bayou Bit and its payment processor, currently Stripe, to automatically charge the payment method supplied during checkout for:

• recurring monthly subscription fees;
• applicable taxes; and
• any separately approved charges.

Billing generally occurs monthly beginning on the subscription activation date.

Complete payment-card information is handled by the payment processor and is not directly stored by Bayou Bit.

7. Early termination during the initial term

Because Bayou Bit performs website design, development, setup, and related work without charging a separate upfront website-design fee, Client agrees to maintain the service for the full initial 12-month term.

If Client elects to terminate service before the initial term ends, other than because of an uncured material breach by Bayou Bit, Client remains responsible for the unpaid monthly service fees remaining in the initial 12-month term.

Bayou Bit may agree in writing to an alternative early-termination or buyout arrangement.

This provision is intended to address the design, development, setup, and service work performed in reliance on the initial commitment and is not intended as a penalty.

8. Month-to-month cancellation

After the initial 12-month term is completed, Client may cancel future service according to the cancellation process then stated on https://bayoubit.net or by contacting support@bayoubit.net.

Cancellation applies prospectively.

Amounts already properly charged are generally not refunded except where required by law or specifically agreed by Bayou Bit.

9. Client responsibilities

Client agrees to provide reasonably accurate and complete information needed to perform the services. This may include:

• business information
• logos
• branding
• photographs
• services and products
• menus
• pricing
• business hours
• domain information
• existing website information
• social links
• other relevant content

Client is responsible for reviewing Client-supplied business information for accuracy.

A delay in providing materials may delay completion or updates.

10. Client content

Client represents that Client has the right to use materials supplied to Bayou Bit. Client retains ownership of Client-owned business names, trademarks, logos, photographs, written content, domain names, and other pre-existing materials.

Client grants Bayou Bit permission to reproduce, resize, modify, format, publish, host, and otherwise use those materials as reasonably necessary to create and maintain Client's website.

11. Domain name

Whenever practical, Client remains the registered owner of Client's domain. Bayou Bit may assist with registration, DNS, connection, technical settings, and renewal administration.

Registration, renewal, premium-domain, or other registrar charges may be separate unless expressly included.

12. Website technology and code

Client retains ownership of Client-provided business assets and content. Bayou Bit retains ownership of its pre-existing templates, reusable components, workflows, systems, methods, software, tools, and know-how.

Third-party software and services remain subject to their respective terms and licenses.

The website is hosted and managed by Bayou Bit while the applicable subscription remains active.

If service terminates, Bayou Bit will reasonably assist with returning or transferring Client-owned domain and content as appropriate.

Transfer or continued use of customer-specific website code may depend upon the technical platform, third-party licenses, payment status, and any separately agreed website-transfer or buyout arrangement.

13. Unlimited website updates

"Unlimited Website Updates" means Client may submit reasonable ongoing requests to modify the existing website while service is active. Normally included examples include:

• text updates
• photos
• hours
• contact information
• services
• staff
• menus
• pricing
• normal page-content changes
• standard sections
• links
• forms
• reasonable design adjustments

"Unlimited" does not mean unlimited simultaneous development capacity, guaranteed immediate turnaround, complete repeated rebuilds, or unlimited custom-software development.

Bayou Bit may process requests through a reasonable work queue based upon request scope and workload.

14. Custom development

The Website Design & Management subscription does not automatically include substantial custom-software projects such as:

• SaaS platforms
• complex web applications
• advanced databases
• customer portals
• internal business systems
• extensive custom APIs
• large e-commerce platforms
• advanced automation
• other major custom functionality

Such work may require a separate Custom Development quote and agreement.

15. Third-party services

Some websites use external providers, including registrars, booking systems, e-commerce services, payment processors, APIs, email systems, premium software, and hosting or storage providers.

Unless expressly included, third-party fees are Client's responsibility.

Bayou Bit is not responsible for outages, price changes, policy changes, suspension, or discontinuation caused by third parties outside Bayou Bit's reasonable control.

16. Delivery and review

Bayou Bit will make commercially reasonable efforts to complete Client's website after receiving the information and materials needed.

Any completion estimate is an estimate unless expressly agreed otherwise in writing.

Client will have a reasonable opportunity to review the website and request normal revisions before launch.

17. SEO

Basic SEO may include reasonable on-page and technical fundamentals such as page structure, metadata, mobile optimization, performance considerations, and appropriate local or service information.

Bayou Bit does not guarantee first-page rankings, a specific Google ranking, traffic, leads, revenue, or sales. Search engines control their own ranking systems.

18. Availability

Bayou Bit will use commercially reasonable efforts to maintain website availability. No internet-based system can guarantee uninterrupted operation.

Temporary outages may result from hosting providers, maintenance, infrastructure, security events, internet outages, or third-party systems outside Bayou Bit's reasonable control.

19. Failed payments

If a payment fails, Bayou Bit or its payment processor may retry collection and contact Client.

If amounts remain unpaid, Bayou Bit may suspend hosting, maintenance, updates, or other services after reasonable notice.

A service suspension does not automatically eliminate amounts otherwise owed under the initial 12-month term.

20. Refunds

Monthly subscription payments are generally non-refundable once properly charged except where required by applicable law or expressly agreed by Bayou Bit.

Providing a discretionary refund or credit in one situation does not obligate Bayou Bit to do so in another.

21. Client business compliance

Client remains responsible for the legality and accuracy of Client's products, services, business claims, licenses, pricing, regulatory disclosures, and website content.

Providing website services does not make Bayou Bit the Client's legal, regulatory, medical, accounting, or financial adviser.

22. Prohibited content

Bayou Bit may refuse to publish or maintain material reasonably believed to:

• violate applicable law
• infringe intellectual-property rights
• contain malware
• facilitate fraud
• create unreasonable security risks
• violate applicable hosting or platform requirements

23. Portfolio use

Unless Client asks Bayou Bit not to do so in writing, Client permits Bayou Bit to display publicly available screenshots, links, business names, or descriptions of completed website work in Bayou Bit's portfolio and marketing.

Confidential Client information will not be included.

24. Confidentiality and credentials

Each party should use reasonable care with non-public confidential information.

Clients should NOT send passwords, full payment-card numbers, or highly sensitive credentials through ordinary email.

When access is required, Bayou Bit uses provider invitations, delegated access, or an appropriate secure credential-sharing method.

25. Limitation of liability

To the maximum extent permitted by applicable law, Bayou Bit will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, or lost business opportunities arising from the services.

Bayou Bit's aggregate liability arising from this Agreement will not exceed the amounts actually paid by Client to Bayou Bit during the six months immediately preceding the event giving rise to the claim.

26. Warranties

Except for obligations expressly stated in this Agreement, services are provided on an "as available" basis to the maximum extent permitted by applicable law.

Bayou Bit does not guarantee specific revenue, traffic, rankings, leads, sales, or uninterrupted service.

27. Indemnification

Client agrees, to the extent permitted by applicable law, to defend and indemnify Bayou Bit against third-party claims resulting from:

• materials supplied by Client
• Client's products or services
• Client's violation of law
• Client's infringement of third-party rights

28. Force majeure

Neither party is responsible for delay or failure caused by events beyond reasonable control, including natural disasters, widespread outages, utility failures, governmental actions, or major third-party platform failures.

29. Electronic acceptance

Client agrees that agreements, approvals, invoices, notices, and other communications may be delivered electronically.

Checking the acceptance box during signup constitutes Client's electronic acceptance of this Agreement.

30. Governing law

This Agreement is governed by the laws of the State of Louisiana, subject to any final venue or dispute-resolution provision approved before live launch.

31. Changes to agreement

Bayou Bit may publish revised agreement versions for future transactions.

A new version does not automatically replace the version previously accepted by an existing Client unless properly agreed.

Acceptance records remain tied to the exact applicable agreement version.

32. Entire agreement

This Agreement, the accepted pricing and order information, applicable Terms of Service, and any project-specific written agreement constitute the agreement regarding the Website Design & Management service.

33. Contact

Bayou Bit — general: hello@bayoubit.net · sales: sales@bayoubit.net · support: support@bayoubit.net · billing: billing@bayoubit.net · https://bayoubit.net