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Sample Webdesign Contract
Verbal mutual agreement documented in a legally-binding contract.
Sample Website Design Contract
Contact Name ______________________________
Phone ___________ FAX ___________
Company/Client _____________________________
Address ________________________________
______________________________________________
City ____________________ State ____ ZIP ____ Country
___
E-mail address _________________________
Present WWW URL (if any):
_______________________________________________
Username ________________ Password
______________________
Our aim is to completely fulfill our client's needs
and expectations A clear understanding of what we expect
from each other facilitates this aim. These are the
terms of our agreement together:
1.
Authorization. The
above-named client is engaging THE BORDER'S EDGE Web
Design, located at N2020 County Rd. H S NO13, Lake
Geneva, Wisconsin 53147, as an independent contractor
for the specific project of developing, and/or
improving, designing or redesigning, and/or building,
and/or maintaining a World Wide website to be installed
on the client's web space on a web hosting service's
computer, according to specifications agreed
upon. The client hereby authorizes THE BORDER'S
EDGE Web Design to access this account, and authorizes
the web hosting service to provide THE BORDER'S EDGE Web
Design with "write permission" for the client's webpage
directory, cgi-bin directory, and any other directories
or programs which need to be accessed for this project.
The client also authorizes THE BORDER'S EDGE Web Design
to publicize their completed website to Web search
engines, as well as other Web directories and indexes.
2. Standard Website Package
Elements. (For Standard
Website Packages Only.) THE BORDER'S EDGE Web Design
includes the following elements in their Standard
Website Packages:
- E-mail/phone
consultation (Up to 2 hours
total general Internet orientation education,
marketing strategy, Web design consultation, and
helping clients learn to use their own webpage editor.
Telephone long distance charges are in addition to
package rates quoted. Additional education and
consultation is at our hourly rate.)
- Domain
Registration THE BORDER'S
EDGE Web Design will secure a domain name for the
Client at the Client’s request. All charges incurred
in doing so will be billed to the Client as an
addition to the base price contemplated by this
agreement. These are Internic fees, and are not a
source of income for THE BORDER'S EDGE Web Design. If
the Client already has a domain name, THE BORDER'S
EDGE Web Design will coordinate redirecting the
address to the new host. Should the Client desire a
specific domain name, which is already owned by
another party, negotiations for said domain name must
be undertaken by the Client.
- Words of text supplied by the client (200 words per page
approximate maximum if not supplied via diskette.
webpages of more than 1,200 words of text may be
subject to additional fees, especially if they require
a great deal of formatting.)
- Links to external pages, up to an average of 2.5 per
page.
- Custom Graphics
Package. Masthead graphic on
first page (simple custom graphic incorporating
company logo). Top-of-page graphic for all other pages
in your website. Colorful lines and bullets, and
colored and textured background.
- Photos and other misc. graphic
images supplied by client (up
to an average of 1.3 included per page in standard
websites, in addition to masthead and top-of-page
graphic. Color originals larger than 5" x 8" are
extra).
- Installation of webpages on the client's web hosting
service.
- Minor updates and
changes to existing webpages
for six months, subject to the limits outlined below.
Additional changes billed at hourly rate.
- Prepare the site for search engine submission, which shall
include analysis of text for keyword content, alt tags
for images, preparation and installation of keyword
and content meta tags.
- Site publicity to at least a dozen major Web search engines,
such as Yahoo, AltaVista, Google, MSN, Fast/AllTheWeb,
etc.
- E-mail response
link on each webpage to any
e-mail address the client designates.
- Feedback form (Basic CGI program included. Includes up to 20
fields. Extra charges may be incurred if the client's
web hosting service does not use a Unix operating
system.
- Image Map
for internal navigation
3. Standard Website Packages
only. The content of the
webpages will be supplied by the client and executed as
specified by the client in the "Website Planning
Worksheet" dated _______________. This website includes
up to ___________ webpages. In case the client desires
additional standard webpages beyond the original number
of pages specified above, the client agrees to pay THE
BORDER'S EDGE Web Design an additional $_______ for each
additional webpage. Graphics or photos beyond the
allowed average of 1.3 per webpage shall be billed at an
additional $____ each. Where custom graphic work (beyond
the scope of the "Custom Graphics Package" detailed
above) is requested, it will be billed at the hourly
rate specified below.
4. Maintenance and Hourly
Rate.This agreement includes minor
webpage maintenance to regular webpages over a six-month
period, including updating links and making minor
changes to a sentence or paragraph. It does not
including removing nearly all the text from a page and
replacing it with new text. If the client or an agent
other than THE BORDER'S EDGE Web Design attempts
updating the client's pages, time to repair webpages
will be assessed at the hourly rate, and is not included
as part of the updating time. The six-month maintenance
period commences upon the date the client signs this
contract.
Changes requested by the client beyond
those limits will be billed at the hourly rate of $
_________. This rate shall also govern additional work
authorized beyond the maximums specified above for such
services as general Internet orientation education,
marketing consulting, webpage design, editing, and art,
photo, graphics services, and helping clients learn how
to use their own webpage editor. CGI programming charges
(if any) are not included in this rate.
Search engine optimization, beyond the
basic submission included herein shall be contracted on
the same basis as maintenance.
5. Changes to Submitted
Text. Please send us your final
text. Time required to make substantive changes to
client-submitted text after the webpages have been
constructed will be additional, billed at the hourly
rate.
6. Web Hosting. The client understands that any web hosting
services require a separate contract with a web hosting
service. The client agrees to select a web hosting
service which allows THE BORDER'S EDGE Web Design full
access to the website and a cgi-bin directory via FTP
and telnet. The client further understands that if the
web hosting service's operating system is not a Unix
system, standard CGI software may not work, and
providing a substitute may incur additional charges.
7. Completion
Date. THE BORDER'S EDGE Web Design
and the client must work together to complete the
website in a timely manner. We agree to work
expeditiously to complete the website no later than
_________________________.
If the client does not
supply THE BORDER'S EDGE Web Design complete text and
graphics content all webpages contracted for within six
weeks of the date this contract was signed, the entire
amount of the contract becomes due and payable. If the
client has not submitted complete text and graphics
content within two months after signing of this
contract, an additional continuation fee of 10% of the
total contract price will also be assessed each month
until the website is advertised.
8. Payment of
Fees. Fees to THE BORDER'S EDGE
Web Design are due and payable on the following
schedule: 50% upon signing this contract, 50% when the
webpages have been constructed according to the client's
original written specifications. If the total amount of
this contract is less than $600, the total amount shall
be paid upon signing this contract. In case the client
has not secured Web space on a web hosting service by
the time the webpages are completed, the webpages may be
delivered to the client on diskette or attached to an
e-mail message. Advertising the pages to Web search
engines and updating occur only after the final payment
is made. All payments will be made in US funds.
9. Warranties by
THE BORDER'S EDGE Web Design. THE BORDER'S EDGE Web Design represents and
warrants to Client that it has the experience and
ability to perform the services required by this
Agreement; that it will perform said services in a
professional and competent manner; that it has the power
to enter into and perform this Agreement; . However,
Client will not determine or exercise control as to
general procedures, or formats necessary to have these
services meet Client's satisfaction.
10. Independent
Contractor. THE BORDER'S
EDGE Web Design acknowledges that the services rendered
under this Agreement shall be solely as an independent
contractor. It is expressly understood that this
undertaking is not a joint venture.
11.
Confidentiality. THE
BORDER'S EDGE Web Design recognizes and acknowledges
that this Agreement creates a confidential relationship
between THE BORDER'S EDGE Web Design and Client and that
information concerning Client's business affairs,
customers, vendors, finances, properties, methods of
operation, computer programs, and documentation, and
other such information, whether written, oral, or
otherwise, is confidential in nature. All such
information concerning Client is hereinafter
collectively referred to as "Confidential Information."
12.
Non-Disclosure. THE
BORDER'S EDGE Web Design agrees that, except as directed
by Client, it will not at any time during or after the
term of this Agreement disclose any Confidential
Information to any person whatsoever and that upon the
termination of this Agreement it will turn over to
Client all documents, papers, and other matter in its
possession or control that relate to Client.
13.
Legal. THE BORDER'S EDGE
Web Design does not warrant that the functions contained
in these webpages or the Internet website will meet the
client's requirements or that the operation of the
webpages will be uninterrupted or error-free. The entire
risk as to the quality and performance of the webpages
and website is with client. In no event will THE
BORDER'S EDGE Web Design be liable to the client or any
third party for any damages, including any lost profits,
lost savings or other incidental, consequential or
special damages arising out of the operation of or
inability to operate these webpages or website, even if
THE BORDER'S EDGE Web Design has been advised of the
possibility of such damages. If any provision of this
agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed
severable from this agreement and shall not affect the
validity and enforceability of any remaining provisions.
THE BORDER'S EDGE Web Design does not
guarantee listings on search engines as they alone
determine who they will list and who they will not.
14. Copyrights and
Trademarks. The client
represents to THE BORDER'S EDGE Web Design and
unconditionally guarantees that any elements of text,
graphics, photos, designs, trademarks, or other artwork
furnished to THE BORDER'S EDGE Web Design for inclusion
in webpages are owned by the client, or that the client
has permission from the rightful owner to use each of
these elements, and will hold harmless, protect, and
defend THE BORDER'S EDGE Web Design from any claim or
suit arising from the use of such elements furnished by
the client.
15. Laws Affecting
Electronic Commerce. From time to time governments
enact laws and levy taxes and tariffs affecting Internet
electronic commerce. The client agrees that the client
is solely responsible for complying with such laws,
taxes, and tariffs, and will hold harmless, protect, and
defend THE BORDER'S EDGE Web Design from any claim,
suit, penalty, tax, or tariff arising from the client's
exercise of Internet electronic commerce.
16. Copyright to
Webpages. Copyright to the
finished assembled work of webpages produced by THE
BORDER'S EDGE Web Design is owned by THE BORDER'S EDGE
Web Design. Upon final payment of this contract, the
client is assigned rights to use as a website the
design, graphics, and text contained in the finished
assembled website. Rights to photos, graphics, source
code, work-up files, and computer programs are
specifically not transferred to the client, and remain
the property of their respective owners. THE BORDER'S
EDGE Web Design retains the right to display graphics
and other Web design elements as examples of their work
in their respective portfolios.
17. Payment of
fees. In order for THE
BORDER'S EDGE Web Design to remain in business, payments
must be made promptly. Delinquent bills will be assessed
a $15 charge if payment is not received within 10 days
of the due date. If an amount remains delinquent 30 days
after its due date, an additional 5% penalty will be
added for each month of delinquency. THE BORDER'S EDGE
Web Design reserves the right to remove webpages from
viewing on the Internet until final payment is made. In
case collection proves necessary, the client agrees to
pay all fees incurred by that process. This agreement
becomes effective only when signed by THE BORDER'S EDGE
Web Design. Regardless of the place of signing of this
agreement, the client agrees that for purposes of venue,
this contract was entered into in Walworth County,
Wisconsin, and any dispute will be litigated or
arbitrated in Walworth County, Wisconsin.
18. Sole
Agreement. The agreement
contained in this "Website Design Contract" constitutes
the sole agreement between THE BORDER'S EDGE Web Design
and the client regarding this website. Any additional
work not specified in this contract must be authorized
by a written change order. All prices specified in this
contract will be honored for six (6) months after both
parties sign this contract. Continued services after
that time will require a new agreement.
19. Initial Payment
and Refund Policy.
The total amount of this
contract is $______________
This agreement begins with
an initial payment of $_____________. If the client
halts work and applies by registered letter for a refund
within 30 days, to THE BORDER'S EDGE Web Design, 621
N Locust St, Reedsburg, Wisconsin 53959, phone
+1 (608) 323.0003, work completed shall be billed at the
hourly rate stated above, and deducted from the initial
payment, the balance of which shall be returned to the
client. If, at the time of the request for refund, work
has been completed beyond the amount covered by the
initial payment, the client shall be liable to pay for
all work completed at the hourly rate stated above. No
portion of this initial payment will be refunded unless
written application is made within 30 days of signing
this contract.
The undersigned agrees to
the terms of this agreement on behalf of his or her
organization or business.
On behalf of the client (authorized
signature):
_______________________________________
Date ________________
On behalf of THE BORDER'S EDGE Web
Design (authorized signature)
_______________________________________
Date ________________
Please note: Place of jurisdiction and discharge is Walworth county, Wisconsin..the applicable law for any legal relationship between THE BORDER'S EDGE Web Design and the client is the law of Walworth county, Wisconsin. Should any part of the above terms of business - wholly or partially - not be conforming with applicable law at the present or any future time, then this shall not infringe upon and invalidate the remaining terms. The invalid term shall adequately be replaced by a different one, which most closely resembles the prior, invalid term. |
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