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Web Site Design Project Contract
Client Information: [Name]
- Authorization. The above-named Client (hereinafter
referred to as "Client") is engaging DF
Internet Solutions. (hereinafter referred to as "DF-IS"), as an independent contractor for the
specific purpose of designing an Internet Web site (hereinafter referred to as
"Web Design Project") to be published on
the Client's account on an Internet Service Provider(ISP)/Web Presence
Provider(WPP) computer, hereinafter refer to as "Hosting Service", or provided on CD-R at the
Client's option. The Client hereby authorises DF-IS to access this account, and
authorizes the Hosting Service to provide DF-IS and its employee, Graham World,
with "full access" to the Client's account, and any other programs needed for
this Web Design Project that are included as part of the Client's service
agreement/level. The Client also authorizes DF-IS to submit the completed Web
Design Project to major Web Search Engines.
- Development. This Web Design Project will be developed
using predominantly, but not exclusively, HoTMetaL Pro V5+ and Macromedia MX.
- Browser Compatibility - Designing a web site to fully work in
multiple browsers (and browser versions) can require considerable, extra
effort. It could also involve creating multiple versions of code/pages. DF-IS
represents and warrants that the web site we design for you will work in:
- Microsoft® Internet Explorer versions 4
and above
- Netscape
Navigator/Communicator version 4 and above
- Mozilla
Firefox
While
DF-IS will make reasonable efforts to design a fully-functional web site, DF-IS
warrantee does not cover text-based browsers or requested special effects that
we have advised you against.
- Accessibility for People with
Disabilities DF-IS's
standard is to meet at least half the currently recommended guidelines for web
site development. Without sacrificing quality and design, we try to ensure that
the content and functions we build into our web sites are available to all
visitors.
- Assignment of Web Design
Project. DF-IS reserves
the right, and you hereby agree, to assign subcontractors to this Web Design
Project to insure that the terms of this agreement are met as well as on-time
completion.
- Copyrights and
Trademarks. The Client
unconditionally guarantees that any elements of text, graphics, photos,
designs, trademarks, or other artwork furnished to Graham World and/or DF-IS
for inclusion in the Web Design Project 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, indemnify and defend Graham World and DF-IS
and its subcontractors from any liability (including legal fees and court
costs), including any claim or suit, threatened or actual, arising from the use
of such elements furnished by the Client.
- Web Site Maintenance. This agreement allows for minor web site
maintenance to pages , up to an average of one half hour per regular web page,
including updating links and making minor changes to a sentence or paragraph.
It does not include replacing nearly all the text from a page with new text,
major page reconstruction, new pages, guestbooks, discussion webs, navigation
structure changes, attempted updates by Client repairs or Web Design Projects
delivered to Client via CD or Flash RAM. The period of 30 days begins on the
date the Client's web design site is available to be published to Client's
hosting servic . Major page code and/or structural changes will be charged at
the hourly rates.
- Completion Date. DF-IS and the Client must work together to
complete the Web Design Project in a timely manner. We agree to work to
complete the Web Design Project no later than 30 days after Client has
submitted all necessary materials. If the Client does not supply DF-IS with
complete text and graphics content for this Web Design Project within 45 days
of the effective date this agreement, the entire deposit amount of the
agreement shall be retained by DF-IS as liquidated damages and the contract
shall become null and void, at DF-IS's option, unless the Web Design Project is
cancelled in writing by the Client prior to 45 days of the effective date of
the agreement.
- Project Delivery. The final web site design project will be
published to the Client's hosting service upon receipt of final payment or
delivered via CD-R upon the receipt of full payment. The Client understands
that DF-IS does not provide any hosting services in connection with this Web
Design Project. Hosting services require a separate contract with the hosting
service of the Client's choice. The Client agrees to select a hosting service
which allows DF-IS full access to the Client's account via FTP. The Client will
be solely responsible for any and all hosting service charges.
- Electronic Commerce
Laws. The Client agrees
that the Client is solely responsible for complying with any laws, taxes, and
tariffs applicable in any way to the Web Design Project or any other services
contemplated herein, and will hold harmless, protect, and defend Graham World
and DF-IS and its subcontractors from any claim, suit, penalty, tax, fine,
penalty, or tariff arising from the Client's exercise of Internet electronic
commerce and/or any failure to comply with any such laws, taxes, and
tariffs.
- Web Design Project
Copyright. Copyright to
the finished web design site produced by DF-IS will be owned by the Client once
final payment under this agreement and any additional charges incurred have
been paid. Rights to photos, work-up files, and computer programs are
specifically not transferred to the Client, and remain the property of their
respective owners. DF-IS and its subcontractors retain the right to display
graphics and other Web design elements as examples of their work in their
respective portfolios. All Web Design Projects will contain a copyright/legal
statement with a link to DF-IS's Web Site.
- Payments. Payments must be made promptly based on
the terms of this Web Site Design Project. DF-IS reserves the right to remove
any Web Design Project from viewing on the Internet until final payment is
made. In case collection proves necessary, the Client agrees to pay all fees
(including all solicitor's fees and court costs) incurred by that process. This
agreement becomes effective only when signed by DF-IS. Adding of Meta Tags
(Description and Keywords) and the submission of the Web Design Project to Web
search engines and updating occur only after the full final payment is made.
All payments will be made in U.K Sterling or its equivalent in Euro's.
- Payment Schedule. Payment for services provided
hereby shall be made in accordance with the conditions contained in this
contract. The Client agrees to pay to DF-IS an initial, non-refundable deposit
of, normally, 25% of the estimated total cost upon execution of this agreement.
Final payment is due prior to publication and/or delivery of the Web Site
Design Project. All amounts must be in U.K Sterling or its equivalent in
Euro's.
- Legal Notice. Notwithstanding anything to the
contrary contained in this contract, neither DF-IS nor any of its employees or
agents, warrant that the functions contained in the Web Design Project will be
uninterrupted or error-free. The entire risk as to the quality and performance
of the Web Design Project is with the Client. In no event will Graham World
and/or DF-IS be liable to the Client or any third party for any damages,
including, but not limited to, service interruptions caused by Acts of God, the
Hosting Service or any other circumstances beyond our reasonable control, any
lost profits, lost savings or other incidental, consequential, punitive, or
special damages arising out of the operation of or inability to operate this
Web Design Project, failure of any service provider, of any telecommunications
carrier, of the internet backbone, of any internet servers, your or your site
visitor's computer or internet software, even if DF-IS has been advised of the
possibility of such damages.
- This
Agreement. This
agreement constitutes the sole agreement between DF-IS and the Client regarding
this Web Design Project. Any additional work not specified in this contract or
any other amendment or modification to this contract must be authorized by a
written request signed by both Client and DF-IS. All prices specified in this
contract will be honored for 6 months after both parties sign this contract.
Continued services after that time will require a new agreement.
The
undersigned hereby agree to the terms, conditions and stipulations of this
agreement on behalf of his or her organization or business.
This Agreement constitutes the entire understanding of the parties. Any changes
or modifications thereto must be in writing and signed by both parties.
Note: This is a sample ONLY and is subject to change.
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