BloomCU LLC Terms & Conditions
for Spirit of Alaska FCU
“Client” (the credit union entering this Agreement) is entering this agreement (“Agreement”) with BloomCU LLC (“Principal” or “BloomCU”), located at 333 W 500 S, Orem, Utah, 84058, to create a website (“Project”).
Principal has the experience and ability to perform the services Client needs and Principal will carry them out in a professional and timely manner. Principal will endeavor to meet all the deadlines set, but is not responsible for a missed launch date or a deadline if Client has been late in supplying materials or has not approved Principal’s work on time at any stage. Principal will also maintain the confidentiality of any information given by Client.
Details on pricing can be found in your the proposal. Principal is happy to make changes to Project timeline and scope of work at any time, but Client may be subject to additional billing.
Client agrees to provide Principal with everything that Principal needs to complete Project, which may include text, images, fonts and other information as and when Principal needs it, and in the format that Principal asks for. Client agrees to review Principal’s work, provide feedback, and sign-off approval in a timely manner and are bound by any deadlines that Principal and Client set together. Client is required to attend weekly meetings throughout the website design and development process. Client also agrees to keep to the payment schedule set out in the proposal.
Client cannot transfer this contract to anyone else without Principal’s permission. This contract stays in place and need not be renewed.
Attribution (e.g., Link to bloomcu.com)
Client grants Principal the privilege of placing a link in the footer of Client’s website that links to Principal’s website. (For example, a link that says, “Designed by BloomCU,” which links to bloomcu.com.)
Authority to Enter Contract
As Principal’s customer, Client has the power and ability to enter into this contract on behalf of Client’s company or organization.
Client guarantees to Principal that any elements of text, graphics, photos, designs, trademarks, or other artwork that Client provides Principal for inclusion in the website are either owned by Client, or that Client has permission to use them.
Before Client makes final payment to Principal, Principal owns all works created by Principal. When Client makes final payment to Principal, copyrights are automatically assigned as follows:
- Client owns graphics, designs, visual elements, and text that Principal creates for Client for Project.
- Principal owns all source code developed by Principal and grants Client a nonexclusive license to use Principal’s source code for the agreed Project and price (see proposal for pricing details). Client may not resell or redistribute source code developed by Principal.
- If Client wants exclusive ownership of source code developed by Principal, a separate agreement must be signed by Principal and Client explicitly defining ownership rights.
- For all open source code (e.g., WordPress), refer to the appropriate open source license for ownership information.
- All third-party content is owned by the third party.
Principal will give Client a copy of necessary files. Client should store files carefully, as Principal is not required to keep them or provide any native source files that Principal used to create them. Client also owns text content, photographs, and other data provided by Client, unless owned by another party.
Principal reserves the right to display and link to Client’s completed Project as part of Principal’s portfolio and to write and talk about Project in website content, articles, books, blogs, podcasts, and all other forms of media.
Principal is not liable to Client or any third party for damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages-even if Client has advised Principal of the possibilities of such damages.
A party shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
This contract shall be governed, construed, and enforced in accordance with the laws of the State of Utah, without regard to its conflict of laws rules.
Principal guarantees Client a quality, functional, website without bugs that achieves goals communicated by Client.
The headings of this document are provided for convenience only and are not contractual or legally binding in any way.
Client agrees to and shall indemnify and hold harmless Principal, its employees, agents, and subcontractors, from and against all claims and lawsuits brought against Principal or Client by third parties, including reasonable attorneys’ fees and losses asserted against and alleged to be caused by Principal.
This Contract contains the entire agreement of the parties with respect to the subject matter of the Contract. The contract supersedes any prior agreements, understandings, or negotiations, whether written or oral. This Contract can only be amended through a written document formally executed by all parties.
If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Termination of this Contract
If either party wishes to terminate this agreement, it must notify the other party in writing. If Client wishes to terminate this Contract, Client may do so and Principal will retain all payments already received and has a right to receive payment within two weeks for all work completed by the time Principal receives written notice of termination.