Website Design ContractClient (Contact) Name ____________________________ Phone _____________ FAX _____________ Company Name _____________________________ Address ____________________________________ ________________________________________ City ______________________ State ________ ZIP ___________ Country __________ E-mail address __________________________ 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 client named above is engaging Web Integrate, a sole proprietor, as an independent contractor for the specific project of developing and/or improving a website to be installed on the client's web space on a web hosting service's computer. The client hereby authorizes Web Integrate to access this account, and authorizes the web hosting service to provide Web Integrate 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 Web Integrate 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. Cross out for online stores.) Web Integrate includes the following elements in their Standard Website Packages:
3. Standard Website Packages only. (Cross out this section for online stores.) 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 Web Integrate an additional $_______ for each additional webpage. Scanned graphics or photos supplied by the client beyond the allowed average per webpage shall be billed at an additional $____ each (Refer to web design packages and prices specified in http://www.webintegrate.com/english/category.asp?catid=2). The store size and additional services, and prices of each are detailed on the attached estimate. 4. Online stores only. (Cross out this section for Standard Website Packages.) The text and graphic content of the web pages will be supplied by the client and executed as specified by the client in the "webpage Planning Worksheet" dated _______________ and the Store Planning Worksheet dated _____________. It is understood that total prices calculated below are likely to vary from the final amount due to different quantities of products, categories, photos, regular pages, etc. in the final store. An Estimate from Web Integrate dated ____________ is attached to this document and governs the prices for this contract. Notwithstanding any prices listed in literature or on web pages, the client and Web Integrate agree that the services described above in this section shall be completed for $__________________ and upon this amount the first payment shall be determined. The final payment shall reflect and include all elements actually completed at the prices attached. We include e-mail/phone consultation of up to 2 hours total general Internet orientation education, marketing strategy, Web design consultation, and helping clients learn to use the store software. Telephone long distance charges are in addition to package rates quoted. Additional education and consultation is at our hourly rate.) Product web pages, products, or photos added after the store is ready for advertising to the Web search engines will be calculated for actual time spent at the hourly rate specified below. 5. Maintenance and Hourly Rate. This agreement includes minor web page maintenance to regular web pages (not store product pages), including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text. If the client or an agent other than Web Integrate attempts updating the client's pages, time to repair web pages 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. Dynamic web programming (scripts like ASP and PHP) charges (if any) are not included in this rate. 6. 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. 7. 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 Web Integrate full access to the website and directories via FTP and telnet. The client further understands that if the web hosting service's system is not compatible with the website environments, the installed web pages may not work, and providing a substitute may incur additional charges. 8. Completion Date. Web Integrate 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 Web Integrate 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. 9. Payment of Fees. Fees to Web Integrate 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 $500, 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 dollars (USD). 10. Assignment of Project. Web Integrate reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion. 11. Legal Stuff. Web Integrate does not warrant that the functions contained in these web pages or the Internet website 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 Web Integrate 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 Web Integrate 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. 12. Copyrights and Trademarks. The client represents to Web Integrate and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Web Integrate 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 Web Integrate and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. 13. 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 Web Integrate and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce. 14. Copyright to Web Pages. Copyright to the finished assembled work of web pages produced by Web Integrate is owned by Web Integrate. 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. Web Integrate and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. 15. Payment of fees. In order for Web Integrate 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. Web Integrate 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 Web Integrate. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Harris County, Texas, and any dispute will be litigated or arbitrated in Harris County, Texas. Please pay on time. 16. Sole Agreement. The agreement contained in this "Website Design Contract" constitutes the sole agreement between Web Integrate 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. 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 Web Integrate (authorized signature) _______________________________________ Date ________________
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