This contract protects both parties. It defines what is included in the project, what it costs, and what happens if something goes wrong. Please read every section before signing. If you have questions, contact me before signing rather than after.
This Web Design and Development Agreement (“Agreement”) is entered into as of [Date] by and between:
Developer: Charles Hardt, operating as Hardt Web Development — charleshardt.com | charles@charleshardt.com — Norfolk, Virginia
Client: [Client or Practice Name] — [Address] — [City, State, ZIP] — [Phone] | [Email]
Together referred to as “the Parties.”
The Developer agrees to design, develop, and deliver a WordPress website for the Client’s nonprofit organization or church as described in Exhibit A. The website will be built using the Kadence Theme Pro and Kadence Blocks Pro on managed WordPress hosting. All work will be performed on a staging environment and transferred to the live domain upon final payment and Client approval.
3.1 501(c)(3) and Tax-Exempt Status Disclosures. If the Client is a registered 501(c)(3) organization, the Client is responsible for ensuring that donation pages include accurate tax-exempt status disclosures, EIN (Employer Identification Number) display where required, and any state-specific charitable solicitation registration disclosures. The Developer will build donation pages as specified in Exhibit A. The Client warrants the accuracy of all tax and legal disclosures and indemnifies the Developer against any claims arising from inaccurate disclosures.
3.2 Online Donation Processing. If the scope includes online donation functionality (GiveWP, PayPal Giving Fund, Stripe, or equivalent), the Client is responsible for all payment processor account setup, fee structures, and compliance with the processor’s terms of service. The Developer will integrate the donation tool as specified in Exhibit A. The Developer will not store donor payment information in the WordPress database. Test donations made during development will be refunded in full before go-live.
3.3 Children’s Programs and Safeguarding. If the Client runs programs serving minors and the website includes content related to those programs (registration forms, program descriptions, staff listings for programs working with children), the Client warrants that all published content complies with the organization’s safeguarding policy and applicable Virginia law. The Developer does not collect or store personally identifiable information about minors through website forms.
3.4 Church-Specific Provisions. If the Client is a faith community: worship music or video content embedded on the website must be covered by the appropriate streaming or reproduction license (CCLI, OneLicense, or equivalent). The Client is responsible for maintaining active licenses. The Developer will embed content as provided by the Client and is not responsible for licensing compliance.
3.5 ADA Accessibility. The Developer will build the website to WCAG 2.1 AA accessibility standards as a target baseline. Nonprofits receiving federal funding may have heightened accessibility obligations under Section 508. The Client should confirm their specific requirements with their legal counsel.
3.6 Governance and Approval Process. The Client identifies the following individual(s) as authorized to approve design decisions, content, and the final go-live. Primary approver: ________________________________________________. Secondary approver (if required): ________________________________. Board or committee approval required for go-live: Yes / No. If board or committee approval is required, the Client is responsible for managing that internal approval process within the project timeline. Delays caused by internal approval processes extend the project timeline per Section 8.
4.1 Project Fee. The total project fee is $[AMOUNT], payable in three installments:
No milestone or final payment triggers delivery of the corresponding project phase until the prior payment is confirmed received.
4.2 Invoicing. Invoices are issued via Bonsai and are due upon receipt unless otherwise stated. Accepted payment methods: credit card, ACH bank transfer via Stripe or Bonsai.
4.3 Late Payment. Payment is due on the date specified in the payment schedule. If payment is not received by the due date, the Developer will send a written reminder within two business days. If payment is not received within ten calendar days of the due date, all project work pauses automatically until payment is received in full. If payment is not received within fourteen calendar days of the due date, a late fee of 1.5% per month (18% per annum) is applied to the outstanding balance and accrues monthly until paid. Work resumes within two business days of confirmed payment receipt, including any accrued late fees. Time lost to a payment pause is not deducted from the project timeline — the original launch date extends by the number of days the project was paused. The Developer is not liable for delays, missed deadlines, or consequential damages arising from a project pause caused by late payment. For clients on monthly maintenance retainers, if a retainer payment is not received by the fifth of the month a written reminder will be sent. If payment is not received by the fifteenth, retainer services for that month are suspended. If two consecutive monthly payments are missed, the Developer reserves the right to terminate the retainer agreement with thirty calendar days written notice, at which point all passwords, credentials, and site access will be transferred to the Client within five business days.
5.1 Recommended Hosting. The Developer recommends managed WordPress hosting (Flywheel, WP Engine, or Kinsta). Nonprofit pricing is available directly from these providers for qualifying organizations. If the Client elects to use shared hosting, the Developer’s performance guarantees do not apply.
5.2 Domain and Email. The Client is responsible for their domain registration and any associated email hosting. The Developer will configure DNS as needed to point the domain to the hosting provider. If the Client uses G Suite or Microsoft 365 for email, the Developer will preserve existing MX records during DNS migration.
5.3 Volunteer and Event Management Integrations. If the scope includes volunteer management, event registration, or external database integrations, the Client is responsible for all third-party service accounts and fees. The Developer will integrate these tools as specified in Exhibit A but is not responsible for their ongoing functionality or pricing.
6.1 Agreed Scope. The scope of work for this project is defined in Exhibit A attached to this Agreement. Work outside the defined scope is not included in the project fee.
6.2 Change Orders. When the Client requests work outside the agreed Scope of Work, the Developer will respond in writing within two business days with a change order specifying the additional work, the fee, and any impact on the project timeline. No additional work begins until the change order is approved in writing by the Client and the additional fee is paid in full. If the Client requests changes that would require reworking completed deliverables — including design direction changes after a revision round has been approved — these are treated as out-of-scope regardless of revision rounds remaining and will be quoted accordingly. If the Client submits feedback that mixes in-scope revisions with out-of-scope requests, the Developer will complete the in-scope items and issue a separate change order for the out-of-scope items before proceeding. The project will be paused if a change order is not approved within seven calendar days of issue, or if an additional fee is not received within seven calendar days of approval. Work resumes within three business days of confirmed payment.
A revision is any request to change, adjust, or rework design or content that has already been presented to the Client for review. Corrections to Developer errors — elements that do not match the agreed specification — do not count as revisions. This agreement includes three revision rounds, each tied to a specific project milestone. Round 1 occurs after the initial design and homepage are presented on the staging site. Round 2 occurs after all pages are built and content is populated. Round 3 occurs after Round 2 changes are applied. Each round requires all feedback to be submitted at once in a single written document — not across multiple emails or calls. Feedback submitted piecemeal after a round closes will be addressed in the next round, or quoted as additional work if no round remains. Once the Client approves a round in writing, that round is closed and the approval cannot be reversed. Design direction changes — requesting a different color palette, layout approach, or structural organization after a prior round has been approved — are out-of-scope regardless of rounds remaining and will be quoted as a change order. After all three rounds are used, additional revisions are billed at the Developer’s standard rate with a one-hour minimum, payable before work begins.
8.1 Project Pause — Client Unresponsiveness. If the Client does not respond to a Developer communication requesting feedback, decisions, or content delivery for twenty-one consecutive calendar days, the project will be placed on hold. The Developer will send a written notice on day fourteen advising that the project will pause if no response is received within seven days. Upon pause, the project is removed from the Developer’s active schedule. When the Client is ready to resume, the Developer will schedule a restart based on current availability, which may result in a delay of up to four weeks before active work resumes. No refund of the deposit is available for projects paused due to Client unresponsiveness. Any third-party costs incurred during the pause period — hosting, domain renewals, plugin licenses — remain the Client’s responsibility.
8.2 Project Pause — Developer-Initiated. The Developer reserves the right to pause a project if an invoice remains unpaid beyond fourteen calendar days, if the Client submits content that the Developer determines creates legal, compliance, or reputational risk and the Client declines to address the concern in writing, or if the scope of work changes materially without an approved change order. The Developer will provide written notice before initiating any Developer-initiated pause and will specify the condition required to resume.
8.3 Cancellation — By the Client. If the Client cancels the project after the deposit has been received, the deposit is non-refundable in all circumstances, as it represents compensation for scheduling, discovery, and work completed to date. If the second milestone payment has been received at the time of cancellation, a pro-rated credit for unbilled hours may be applied at the Developer’s sole discretion based on work completed. If the final payment has been received, no refund is available. All work product created to date — including design files, page layouts, and written content — remains the Developer’s property until the final payment is received in full. Upon cancellation, the Developer will deliver to the Client within ten business days a summary of work completed, any transferable file assets, and instructions for obtaining their own licenses for any tools or plugins currently active on the site. Cancellation must be submitted in writing to charles@charleshardt.com.
8.4 Cancellation — By the Developer. The Developer reserves the right to cancel the project with fourteen calendar days written notice if the Client repeatedly fails to meet payment obligations, submits content the Developer determines to be unlawful, engages in abusive or harassing communication, or materially misrepresents the scope or nature of the project during the sales process. In the event of Developer-initiated cancellation for any reason other than Client breach, the Developer will refund any payment received for work not yet completed, calculated on an hourly basis at the Developer’s standard rate. Work completed and delivered prior to cancellation is non-refundable.
9.1 Content Responsibility. The Client is solely responsible for the accuracy, legality, and compliance of all content published on the website, including but not limited to: professional credentials and license numbers, service descriptions and health-related claims, legal pages (privacy policy, terms of use, medical disclaimer), staff information, pricing, hours of operation, contact details, testimonials, and any content supplied by the Client or approved by the Client for publication. The Developer will publish content as provided or approved by the Client and does not independently verify the accuracy of factual claims, the validity of professional credentials, or the legal compliance of content. The Developer reserves the right to decline to publish content that the Developer determines in good faith creates legal, compliance, or reputational risk, and will notify the Client in writing of any such determination. The Client agrees to provide all required content — including copy, images, credentials, legal pages, and access to third-party accounts — within fourteen calendar days of the project kickoff date. Delays in content delivery extend the project timeline by an equivalent number of days and do not entitle the Client to a fee reduction. The Developer is not responsible for copywriting, photography, or legal page drafting unless these services are explicitly included in the agreed Scope of Work.
9.2 Intellectual Property. Upon receipt of final payment in full, the Client receives a non-exclusive, perpetual license to use all design work and content created by the Developer for this project on the Client’s website. The Developer retains the right to display the completed work in their portfolio. Custom code written specifically for this project transfers to the Client upon final payment. Third-party themes, plugins, and stock assets remain subject to their respective licenses.
9.3 Confidentiality. Each party agrees to keep confidential any proprietary information received from the other party in connection with this project and not to disclose it to third parties without prior written consent.
The following maintenance plan terms apply if the Client elects a monthly maintenance retainer. Maintenance services are optional and separate from the project fee.
10.1 Scope of Maintenance Services. The Developer offers three monthly maintenance plan tiers:
Content hours in Standard and Premium plans do not roll over to the following month if unused.
10.2 Retainer Billing and Cancellation. Retainer fees are due on the first of each month. If payment is not received by the fifth of the month, a written reminder will be sent. If payment is not received by the fifteenth, services for that month are suspended. If two consecutive monthly payments are missed, the Developer reserves the right to terminate the retainer agreement with thirty calendar days written notice. Upon termination, the Developer will deliver to the Client all credentials, access information, and documentation required to manage the site independently within five business days. Either party may cancel the retainer agreement with thirty calendar days written notice. No refund is available for the current month’s retainer fee at the time of cancellation notice.
10.3 Scope Limitations. The monthly content hour allowance covers routine updates: text edits, image replacements, adding blog posts, updating hours and contact information, and minor formatting adjustments. It does not cover: new page creation, new feature development, plugin customization, e-commerce changes, design overhauls, or any work requiring more than the included hours. Work outside this scope will be quoted as an additional change order at the Developer’s standard hourly rate. The Developer is not liable for plugin conflicts, third-party service outages, hosting provider issues, or security breaches originating outside the WordPress installation. The Developer will make reasonable efforts to resolve any issues that arise but cannot guarantee specific uptime percentages or response times beyond those stated in the Premium plan.
11.1 Independent Contractor. The Developer is an independent contractor and not an employee, agent, or partner of the Client. The Developer retains full discretion over the means and methods of performing the services described in this Agreement.
11.2 Limitation of Liability. The Developer’s total liability to the Client for any claim arising out of or related to this Agreement shall not exceed the total fees paid by the Client under this Agreement in the twelve months preceding the claim. The Developer is not liable for indirect, incidental, consequential, or punitive damages.
11.3 Warranties. The Developer warrants that the work will be performed in a professional and workmanlike manner consistent with industry standards. The Developer does not warrant that the website will achieve specific search engine rankings, traffic levels, or conversion rates. Third-party services (hosting, booking tools, payment processors) are subject to their own terms and warranties.
11.4 Governing Law. This Agreement is governed by the laws of the Commonwealth of Virginia. Any disputes arising under this Agreement shall be resolved in the courts of Norfolk, Virginia.
11.5 Entire Agreement. This Agreement, including Exhibit A, constitutes the entire agreement between the Parties with respect to the subject matter herein and supersedes all prior discussions, representations, and agreements. Modifications must be in writing and signed by both Parties.
11.6 Severability. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
[Complete this section with the specific pages, integrations, and deliverables agreed in the project proposal. Copy from the Bonsai proposal or the Project Brief Template.]
Pages included:
Integrations included:
Content responsibility:
Estimated timeline:
Launch target date: