Agreement Terms
This Agent Brand Website Service Agreement (“Agreement”) is between Gary D Real Estate Photography (“Provider”) and the client identified above (“Client”). The Agreement, together with any written proposal or change order accepted by both parties, defines the website project and related services.
1. Standard Website Scope
The standard $995 Agent Brand Website includes a professionally designed, mobile-responsive personal real estate website built around Client’s brand, services, local expertise, and lead generation. Unless otherwise stated in a written proposal, the standard scope includes:
- Up to six core pages or equivalent sections: Home, About, Buyers, Sellers, Areas Served, and Contact.
- Featured Listings / Recent Sales section and Testimonials section.
- Contact or lead inquiry form and social-media integration.
- Integration of Client-provided professional photography, video, logos, and brand assets.
- Professional website copy developed from Client’s intake responses, up to approximately 2,500 words.
- Basic on-page SEO setup, including page titles and meta descriptions.
- Domain connection, responsive/mobile optimization, and technical launch.
- Implementation of Client-supplied brokerage branding, disclosures, and required Texas real-estate website links.
- One consolidated revision round and a 14-day post-launch technical correction period.
2. Excluded Services and Add-Ons
Unless specifically added in writing, the project does not include IDX/MLS integration, custom property-search software, CRM setup, home-valuation tools, mortgage calculators, paid advertising, ongoing SEO campaigns, logo development, social-media management, email marketing systems, custom databases or applications, ecommerce, advanced automations, ongoing listing entry, unlimited revisions, or third-party subscription costs.
Typical add-ons may include additional pages, landing pages, brand photography, agent introduction video, short-form video, IDX/MLS setup, complex third-party integrations, or migration assistance. Additional work is quoted separately before it begins.
3. Client Responsibilities and Materials
Client will timely provide accurate business information, brokerage information, required forms and disclosures, brand assets, media, testimonials, social links, domain information, and any brokerage-specific advertising requirements needed for the project.
Client represents that Client has the right or permission to use all materials supplied to Provider, including photographs, logos, testimonials, video, graphics, and written content. Client is responsible for obtaining any required brokerage approval before publication.
Client will review and approve factual claims before launch, including brokerage name, license information, awards, designations, sales claims, service areas, testimonials, credentials, and contact information. Provider does not provide legal or regulatory compliance advice.
4. Texas Real Estate Website Compliance Support
For Texas real-estate clients, Provider will place Client-supplied brokerage identification and Client-supplied TREC links/forms in the website structure as part of the standard build. Client remains responsible for providing current, accurate, and properly completed materials and for confirming compliance with TREC rules and brokerage policies.
Provider may pause launch if required brokerage, IABS, Consumer Protection Notice, or other compliance materials have not been supplied or approved by Client.
5. Fees and Payment
The standard project fee is $995.00 unless a written proposal states otherwise. Fifty percent (50%) is due before production begins. The remaining fifty percent (50%) is due after final approval and before the website is published to the live domain.
Third-party costs - including domain registration, IDX/MLS providers, premium software, paid integrations, subscriptions, or licenses - are Client’s responsibility unless the proposal expressly states that they are included.
Provider is not required to launch, transfer, or release the completed website while an undisputed project balance is overdue.
6. Timeline and Client Delays
The initial website draft is generally targeted for delivery within 5-7 business days after Provider has received the initial payment, completed intake form, and all materials reasonably required to begin. This is a target, not a guarantee, and timelines pause while Provider is waiting on Client information, approvals, access, or materials.
If the project is inactive for 30 consecutive days because Client has not supplied requested materials, approval, revisions, or communication, Provider may remove the project from active production. Restarting an inactive project is subject to current availability and may require a $150 reactivation fee.
7. Revisions and Change Requests
The standard package includes one consolidated revision round after delivery of the initial draft. Client agrees to review the full draft and submit requested changes together.
The included revision round covers reasonable wording changes, image swaps, section-order changes, minor color adjustments, corrections, CTA changes, and minor layout refinements within the approved project direction. A new design direction, new pages, new functionality, major restructuring, or additional rounds are outside scope and may require a change order and additional fee.
8. Cancellation
If Client cancels before production begins, Provider will refund any unearned portion of payments received after deducting non-refundable third-party expenses, if any. After production begins, amounts paid are applied to work performed, project capacity reserved, and expenses incurred. If Client cancels after substantial work has been completed, including delivery of an initial website draft, Provider may invoice for work completed up to the total agreed project fee.
Provider may terminate the project for nonpayment, repeated failure to provide required materials, abusive conduct, unlawful requests, or other material breach. Upon termination, Client remains responsible for amounts earned and third-party costs incurred through the termination date.
9. Ownership and Portfolio Rights
Client owns Client’s domain, trademarks, logos, supplied content, business data, and Client-provided media. After full payment, Client receives the right to use the final website and custom copy created specifically for Client.
Provider retains ownership of reusable frameworks, templates, code components, design systems, development processes, tools, generic functionality, and other pre-existing or reusable materials. Third-party materials remain subject to their own license terms.
Unless Client requests otherwise in writing before launch, Provider may display the completed website and representative screenshots in Provider’s portfolio, website, social media, and promotional materials.
10. Domain, Hosting, and Website Care
Client should register and own Client’s domain in Client’s own registrar account. Provider may assist with configuration but does not need to own the domain.
At launch, Client may select one of the following ongoing arrangements:
- Website Care - $49/month: hosting, technical maintenance, backups, form maintenance, routine support, and up to 30 minutes of minor text/photo updates per month.
- Annual Website Care - $499/year: same general Website Care scope, paid annually.
- Client-managed hosting: Client assumes responsibility for hosting, security, backups, updates, and ongoing technical maintenance. Migration/setup assistance may be quoted separately.
Website Care may be canceled with 30 days’ notice. After service ends, Client is responsible for arranging replacement hosting or transfer. Services tied to Provider-controlled hosting or third-party accounts may stop when Website Care ends.
11. Launch Warranty and No Performance Guarantee
For 14 days after launch, Provider will correct at no additional charge technical defects caused by the original build, such as broken links, form errors, responsive-layout problems, or approved content accidentally omitted. The correction period does not include new content, redesigns, new functionality, or changes in Client preference.
Provider does not guarantee search-engine rankings, website traffic, leads, closings, sales volume, advertising results, or uninterrupted operation of third-party services. Marketing and business results depend on factors outside Provider’s control.
12. Limitation of Liability
To the fullest extent permitted by law, Provider’s aggregate liability arising from this project will not exceed the fees actually paid to Provider for the project giving rise to the claim. Provider will not be liable for indirect, incidental, special, consequential, or lost-profit damages, or for failures caused by third-party platforms, hosting providers, registrars, IDX vendors, internet services, or Client-supplied materials.
13. Electronic Signatures; Entire Agreement
The parties agree that electronic signatures and electronic copies may be used to execute this Agreement and will be treated as originals. This Agreement, together with any accepted written proposal or change order, is the entire agreement for the project and replaces prior discussions about the same scope. Any material change must be agreed to in writing by both parties.
This Agreement is governed by Texas law. Any court proceeding arising from this Agreement will be brought in the Texas county where Provider’s principal place of business is located, unless the parties agree otherwise in writing.