Buildertrend Website Services Agreement

Last updated: October 25, 2022

The following Buildertrend Website Services Agreement (this “Website Agreement”) governs your use and relationship with Buildertrend Solutions, Inc., a Nebraska corporation (“we,” “us,” or “Buildertrend”), in the development, operation, and hosting of your website. This is a legal agreement between you and Buildertrend and incorporates the Buildertrend Terms and Conditions Agreement, Order Form, and Privacy Policy. By registering to have a website developed and hosted by Buildertrend (“Registration Date”), you are accepting to be bound to the terms of this Website Agreement and all incorporated agreements.

1. Background.

We are engaged in the business of developing, improving, and maintaining websites, among other services.

2. Services and Pricing.

2.1 Services. Subject to any additional services that we agree to provide in writing, we agree to provide: (a) website hosting; (b) mobile-first design; (c) editable content; (d) an integration with the Buildertrend software by allowing support for the Buildertrend contact form, login box, and surveys; (e) social media integration; (f) customizable search engine optimization; and (g) on-going service and support (“Services”). The services and deliverables to be provided to you specifically for your website under this Website Agreement are sometimes referred to collectively as a “Project.”

2.2 Charges. Unless otherwise provided in writing, we will charge you a monthly fee for the Services beginning from the Registration Date and continuing until the date of Cancellation and Termination, as described below

2.3 Maintenance. Buildertrend will provide one free hour of maintenance a month. At any point, if additional maintenance or website improvements are required or requested, we will charge you an hourly fee (the “Maintenance Rate”) to complete.

2.4 Options after Twenty-Four (24) Months. After  twenty-four (24) consecutive months from the Registration Date, you may choose to do any of the following by reaching out to your assigned Buildertrend Customer Success Manager or Website Services Agent: (a) continue with your current Services, in which your  cost for Services may be reduced; (b)   have your website redesigned and your price will continue at the existing monthly fee; or (c) move to a different hosting provider and discontinue the Services for a one-time fee.

3. Customer Content.

You agree to provide content (the “Customer Content”) as may be requested for the development, hosting, and optimization of your Project and website which includes, but is not limited to, written content, logos, photographs, graphics, audio and/or video for the website.

4. Schedule.

All Services will be provided in accordance with the schedule mutually agreed to between you and Buildertrend. However, meeting the deadlines of this schedule is subject to your cooperation in providing Customer Content, making the domains available to us, responding to our calls promptly, and otherwise cooperating fully.

5. Modifications.

If you wish to change the requirements for a Project, there may be additional costs, charges, or fees associated with Services beyond those initially agreed to.

6. Payments, Refunds, and Subscription Charges.

6.1 Buildertrend may charge payment to your selected credit card or other payment mechanism on file (“Your Account”) all amounts due and owing for the Services or any other fee or charge associated with your Project or website. You agree that in the event Buildertrend is unable to collect the fees owed to Buildertrend for the Services through Your Account, Buildertrend may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by Buildertrend in connection with such collection activity, including collection fees, court costs, and attorneys’ fees.

6.2 No refunds or credits will be issued for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an active subscription, including, but not limited to, instances involving your removal from our website Services.

6.3 All prices are subject to change upon notice. Such notice may be provided to you on your Order Form, receipt, by an e-mail message, or by other reasonable means of communication to you.

6.4 You agree to pay any and all sales and/or use taxes and any and all tariffs and/or duties applicable or related to our providing all Services for your Project.

7. Cancellation and Termination.

7.1 You are solely responsible for canceling your website subscriptions. You may cancel your subscription immediately by providing an express written request to your assigned Buildertrend Customer Success Manager or Website Services Agent, or sending an email to websites@buildertrend.com. Cancellations shall not be accepted by any other means. Except as otherwise provided herein, upon termination, you will no longer have the right to use the website we created for you, or any other Buildertrend created or licensed content.

7.2 Buildertrend in its sole discretion has the right to suspend or discontinue providing Services to you without notice for your actions that (a) are in material violation of this Website Agreement, (b) create a security emergency, (c) violate the law, or lead to our belief that you are violating the law, or lead to investigation of you by a federal or state law enforcement agency

7.3 Buildertrend in its sole discretion has the right to suspend or discontinue providing Services to you with thirty (30) days notice for any reason or no reason.

8. Cooperation.

Each party will exert commercially reasonable efforts to make the Project successful. You understand that your delay in providing feedback and/or Customer Content may delay completion of the Project. If after six (6) months or six (6) attempts to reach you for information or Customer Content without a response, Buildertrend will cease efforts to communicate with you until a response is received. You are responsible for all relevant charges during that time.

9. Administration, Access, and Repairs.

9.1 Coordinator Contact. Each party will identify one (1) person who will be the primary contact person and project coordinator the Project.

9.2 Administrative Representative. Upon request, Buildertrend may provide administrative access to one (1) representative, or, at Buildertrend’s discretion, multiple representatives. Only users who have been granted administrative access by Buildertrend can access the proprietary details of the website development. The users with administrative access have full control of the development details. As such, users with administrative access must have reliable measures in place to prevent security issues and breakage, such as protected passwords and approved plug-ins. Buildertrend is not liable for any damage or issues caused by a user with administrative access.

9.3 No Alterations. If granted administrative access, users may not alter that access or share that access login with anyone else, including third parties. Users with administrative access also may not add or delete accounts.

9.4 Repairs. If a user with administrative access or their team breaks the website, for example, by attempting to implement a custom code or uploading a plug-in, Buildertrend is not liable for fixing the website. You may request that Buildertrend repair and return the website to a working condition and such repairs will be billed at the Maintenance Rate to your card on file.

10. Proprietary Rights.

10.1 We develop content and libraries of code that we use for various projects. We own the proprietary rights in, and will continue to own the proprietary rights in, the content we developed, including graphics and the look and feel of the website (i.e. fonts, color schemes, layouts, etc.), as well as the code we have developed previously and used in any Project, and in any code we develop in connection with producing your Project.

10.2 We may also use graphics and stock images on your website that we have purchased and licensed for use on our customer’s websites. As such, we continue to own the proprietary rights in those graphics following your termination of the Services.

10.3 After twenty-four (24) months from the Registration Date, you may be able to copy or migrate the Buildertrend created and developed website and content to another hosting provider with our prior written consent and your payment, but Buildertrend is not responsible for the website transfer and migration process, website development, or trouble shooting.

10.4 You will own the proprietary rights in all of the Customer Content that you provide to us.

10.5 You grant to us and our successors a license to use your Customer Content for promotional and demonstration purposes.

11. Limited Warranties

11.1 We warrant that all Services will be provided in a professional manner by qualified personnel. For website development provided on a subscription basis, we warrant that the website, as developed, will conform to the applicable requirements agreed upon by you and Buildertrend. If this warranty applies, we will fix any defects or nonconformity reported to us in writing within sixty (60) days after we complete and deliver the new or modified website to you.

11.2 EXCEPT AS EXPRESSLY PROVIDED HEREIN AND IN ANY APPLICABLE STATEMENT OF WORK, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER, AND EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY CLAIMS RELATING TO THE SERVICES.