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Website Contract |
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Our desire is to please our clients. One
way to accomplish this is to make clear our understandings with each
other. These are the terms of our agreement together: Contact Name Phone FAX Company Address City State ZIP E-mail address Present WWW URL (if any): Username Password These are the terms of our agreement together: 1. Authorization. The above-named client is engaging Christina Smith, a partnership, located at 8951 NW 51st Court, Chiefland, Florida, as an independent contractor for the specific project of developing and/or improving a World Wide Website to be installed on the client's web space on a web hosting service's computer. The client hereby authorizes Christina Smith to access this account, and authorizes the web hosting service to provide Christina Smith with "write permission" for the client's web page directory, and any other directories or programs which need to be accessed for this project. The client also authorizes Christina Smith to publicize their completed website to Web search engines, as well as other Web directories and indexes. Christina Smith will not install any items on a 'free' hosting server. 2. Website Package Elements. Christina Smith includes the following elements in the Website Packages: E-mail/phone consultation Up to 2 hours total general Internet orientation education, marketing strategy, and web design consultation. Telephone long distance charges are in addition to package rates. Additional consultation is at our hourly rate. Words of text supplied by the client (200 words per page approximate maximum if not supplied via diskette/CD/email). Christina Smith will type in the text of up to 200 words per page. Additional fees will be incurred beyond the 200 word page limit. If client supplies via diskette/CD/email Web pages of more than 1,200 words of text additional fees may be applied due to increased formatting time. Links to external pages, up to 5 per page. Custom Graphics Package. Header graphic on first page (simple custom graphic incorporating company logo). Company logo will be used 'as is' if supplied on disk or CD. If we scan for you, we will do our best to make as presentable as possible; however, we will not 'pixel edit' the image unless an additional charge of $30.00 per hour is paid by the client. 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 5 included per page in standard websites, in addition to header and top-of-page graphic. Installation of web pages on the client's or our web hosting company. Minor updates and changes to existing web pages for three months, subject to the limits outlined below. Additional changes billed at hourly rate. This includes only "regular" pages, not product pages or the ordering system pages. Site publicity to at least 10 major Web search engines, such as Yahoo, AltaVista, InfoSeek, WebCrawler, Lycos, HotBot, etc. E-mail response link on each web page to any e-mail address.
Feedback or guest
book form
includes up to 20 fields. This is not included in online stores,
since the shopping cart software is a functional equivalent.
Blog.
The minimum cost
for installing a blog is $25.
Christina Smith
will only
install a blog on websites he designs and hosts.
Christina Smith
will supply the
client with the full website address of the blog control panel and
will also supply a user name and log on.
Christina Smith
will supply a short guide for using the blog in Adobe PDF format.
If you wish Christina Smith to
install a blog on your website please sign here
___________________________
(NOTE: Additional web hosting costs may apply.)
Discussion Board.
The minimum cost for installing a discussion board is $100. Christina
Smith will only install a discussion board on websites he designs
and hosts.
Christina Smith
will supply the client with the full website address of the
discussion board control panel and will also supply a user name and
log on. Christina Smith
will do an initial
configuration up to two hours..
If you wish Christina Smith to install a discussion board on your
website please sign here ___________________________
(NOTE: Additional web hosting costs may
apply.)
3. Website Packages Content.
The content of the web pages will
be supplied by the client and executed as specified by the client in
the "Website Planning Worksheet" dated _.
This website includes up to
web
pages. In case the client desires additional standard web pages
beyond the original number of pages specified above, the client
agrees to pay Christina Smith an additional $100 for each additional
web page. 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.
5. Changes to Submitted Text.
Please send us your final text. Time required to make
substantive changes to client-submitted text after the web pages
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 either Christina Smith or with another web
hosting service. Christina Smith will not install any items on a
'free' hosting server. The client agrees to select a web hosting
service that allows Christina Smith full access to the web site and
a cgi-bin directory via FTP and telnet.
The web hosting service must have the
latest version of Front Page Extensions installed on the client's
website. 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. Creative Multimedia
Designs will host websites they create for a $250.00 yearly fee and
will provide standard website maintenance for websites they design
and host. If the Client chooses a different web hosting service,
Christina Smith will only make minor updates and changes to
existing web pages for three months. If you wish Christina Smith to
be your web host at a cost of $250 per year (which includes standard
website maintenance) please sign here ___________________________ 7. Domain Name Registration. Domain name registration is not included in the price of web design or web hosting. The cost to register your domain name is $20.00. If you wish Christina Smith to register your domain name at a cost of $20.00 please sign here ___________
Domain Name Click here to search for Domain Names.
8. Completion Date.
Christina Smith 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 Christina Smith complete text and
graphics content all web pages 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 20% of the total
contract price will also be assessed each month until the website is
advertised. Client is again advised to send us your final text
as soon as possible, along with any photos, diskettes, brochures, or
advertising material useful for completing the website project. 9. Payment of Fees. Fees to Christina Smith are due and payable on the following schedule: 50% upon signing this contract, 50% when the web pages have been constructed according to the client's original written specifications. If the total amount of this contract is less than $300, 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 web pages are completed, the web pages 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 payable to Christina Smith, and mailed to 8951 NW 51st Court, Chiefland, Florida 32626
10. Additional Expenses. Client agrees to reimburse Christina Smith for any additional expenses necessary for the completion of the work. Examples would be (but are not limited to): purchase of special fonts, graphics, stock photography, templates, themes, software, scripts, etc.
11. Additional Services.
Any revisions, additions or redesign client wishes Christina Smith
to perform not specified in this document shall be considered
'additional' and will require a separate Agreement and payment.
12. Assignment of Project.
Christina Smith reserves the right to assign subcontractors to this
project to insure the right fit for the job as well as on-time
completion.
13. Legal Stuff.
Christina Smith does not warrant that the functions contained in
these web pages or the Internet web site will meet the client's
requirements or that the operation of the web pages will be
uninterrupted or error-free. The entire risk as to the quality and
performance of the web pages and website is with client. In no event
will Christina Smith 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 web pages or website,
even if Christina Smith 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.
14. Copyrights and Trademarks.
The client represents to Christina Smith and unconditionally
guarantees that any elements of text, graphics, photos, designs,
trademarks, or other artwork furnished to Christina Smith for
inclusion in web pages 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 Christina
Smith and its subcontractors 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 Christina
Smith and its subcontractors from any claim, suit, penalty, tax, or
tariff arising from the client's exercise of Internet electronic
commerce.
16. Copyright to Web pages.
Copyright to the finished assembled work of web pages produced by
Christina Smith is owned by Christina Smith. Upon final payment of
this contract, the client is assigned rights to use as a web site
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. Christina Smith
and its subcontractors retain 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 Christina Smith to remain in business, payments must be
made promptly. Delinquent bills will be assessed a $30 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 10%
penalty will be added for each month of delinquency. Christina Smith
reserves the right to remove web pages 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 Christina Smith.
Regardless of the place of signing of this agreement, the client
agrees that for purposes of venue, this contract was entered into in
Anne Arundel County, Maryland, and any dispute will be litigated or
arbitrated in Anne Arundel county, Maryland.
18. Sole Agreement.
The agreement contained in this "Website Design Contract"
constitutes the sole agreement between Christina Smith 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 two (2) months
after both parties sign this contract. Continued services after that
time will require a new agreement. 19. Age. Client certifies that he or she is at least 18 years of age.
20. Authorship Credit. Client agrees that Christina Smith may put a byline and hyperlink on the bottom pages of their website establishing authorship credit and copyright notice and that Christina Smith may advertise client's website as an example of their work.
21. Website Content. Christina Smith will not design or host any website containing adult content or pornography.
22. Initial Payment and Refund Policy. The total amount of this contract is $comprised of $ for web design by Christina Smith, $ for website hosting & standard website maintenance by Christina Smith, $ for installation of a blog, $ for installation of a discussion board, and $ for domain name registration by Christina Smith.
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 Christina Smith, 8951 NW 51st Court, Chiefland, Florida 32626, 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.
23. Entire Understanding. This contract constitutes the sole agreement between Christina Smith and the Client regarding its Web Design Service. It becomes effective only when signed by both parties. This agreement shall be governed and construed in accordance with the laws of the State of Florida.
The undersigned agrees to the terms of this agreement on behalf of his or her organization or business. No responsibility will be accepted for digital or photocopied signatures.
On behalf of the client (authorized signature):
_______________________________________ Date
On behalf of Christina Smith (authorized signature)
_______________________________________ Date
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