| ™ |
Website Design Agreement |
| ™ |
Website Design Agreement |
Contact Name
______________________________
Phone ___________ FAX
___________
Company/Client
_____________________________
Address
________________________________
______________________________________________
City ____________________
State ____ ZIP ____ Country ___
E-mail address
_________________________
Present WWW URL (if any):
_______________________________________________
Username ________________
Password ______________________
Our desire is to delight
the client. One way is to make clear our understandings with each other. These
are the terms of our agreement together:
1.
Authorization.
The above-named client is engaging Typowriters Design Services, a sole
proprietor, located at 177 Kingsley Road, Burnt Hills, New York 12027, 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 Typowriters
Design to access this account, and authorizes the web hosting service to provide
Typowriters 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 Typowriters 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.) Typowriters 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. Additional education and consultation is at our hourly
rate.)
Words of text
supplied by the client (200 words per page approximate maximum if not
supplied via diskette.
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 5 included per page in standard websites in
addition to masthead and top-of-page graphic.
Installation of webpages on the client's web hosting
service.
Minor updates and changes
to existing webpages for 30 days, subject to the limits outlined below.
Additional changes billed at hourly rate.
Site publicity
to major Web search engines, such as Yahoo, AltaVista, InfoSeek, WebCrawler,
Lycos, HotBot, etc.
E-mail response link
on each webpage to any e-mail address the client designates.
Feedback or guest book form
(Basic CGI program included. Includes “free” internet guestbook.
Image Map for internal navigation (Not included in the
package price for sites smaller than 6 pages.)
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 Typowriters
Design an additional $_______ for each additional webpage. Graphics or photos
beyond the allowed average of 5 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 30
day 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 Typowriters
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.
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, modifying product pages and
databases in an online store, and art, photo, graphics services, and helping
clients learn how to use their own webpage editor.
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 Typowriters 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.
Typowriters 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 Typowriters 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
Typowriters 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 CD 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.
Assignment of
Project.
Typowriters Designs reserves the right to assign subcontractors to this project
to insure the right fit for the job as well as on-time completion.
10.
Legal Stuff.
Typowriters 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 Typowriters 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 Typowriters 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.
11.
Copyrights and
Trademarks.
The client represents to Typowriters Design and unconditionally guarantees that
any elements of text, graphics, photos, designs, trademarks, or other artwork
furnished to Typowriters 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 Typowriters Design
and its subcontractors from any claim or suit arising from the use of such
elements furnished by the client.
12.
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 Typowriters Design and its subcontractors from any
claim, suit, penalty, tax, or tariff arising from the client's exercise of
Internet electronic commerce.
13.
Copyright to
Webpages.
Copyright to the finished assembled work of webpages produced by Typowriters
Design is owned by Typowriters 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. Typowriters
Design and its subcontractors retain the right to display graphics and other Web
design elements as examples of their work in their respective portfolios.
14.
Payment of
fees. In
order for Typowriters 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. Typowriters 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 Typowriters Design. Regardless
of the place of signing of this agreement, the client agrees that for purposes
of venue, this contract was entered into in Saratoga County, New York, and
any dispute will be litigated or arbitrated in Oconee County, South Carolina.
Please pay on time.
15.
Sole
Agreement.
The agreement contained in this "Website Design Contract" constitutes
the sole agreement between Typowriters 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.
16.
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 Typowriters Designs, 177
Kingsley Road, Burnt Hills, New York, 12027 phone (518) 280-2712, 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 Typowriters
Design (authorized signatures)
_______________________________________
Date ________________
©Copyright Typowriters Design 2008
