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Website Design Project Contract
Client Information:
[Name]
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Authorization. The above-named
Client (hereinafter referred to as "Client") is engaging Simply
Web Services LLC., (hereinafter referred to as "Simply Web Services"),
as an independent contractor for the specific purpose of designing a World
Wide 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 diskette at the Client's option. The Client
hereby authorizes Simply Web Services to access this account, and authorizes
the Hosting Service to provide Simply Web Services, 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 Simply Web Services to submit the completed
Web Design Project to major Web Search Engines.
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Development. This Web
Design Project will be developed using various commercial software products
and proofed by hand.
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Browser Compatibility
- Designing a website to fully work in multiple browsers (and browser versions)
can require considerable, extra effort. It could also involve creating
multiple versions of code/pages. Simply Web Services represents and warrants
that the website we design for you will work in:
While Simply Web
Services will make reasonable efforts to design a fully functional website,
Simply Web Services’ warrantee does not cover AOL, text-based browsers
or requested special effects that we have advise against.
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Accessibility for People
with Disabilities – Simply Web Services’ 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.
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Assignment of Web Design
Project. Simply Web Services 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.
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Copyrights and Trademarks.
The Client unconditionally guarantees that any elements of text, graphics,
photos, designs, trademarks, or other artwork furnished to Simply Web Services
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 Simply
Web Services and its subcontractors from any liability (including attorney’s
fees and court costs), including any claim or suit, threatened or actual,
arising from the use of such elements furnished by the Client.
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Website Maintenance.
This agreement allows for minor website maintenance to pages over a 3 month
period, 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 diskette. The period of 6 months begins on the
date the Client's web design site is available to be published to Client's
hosting service or 30 days from the date this agreement was signed, which
ever comes first.
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Completion Date. Simply
Web Services and the Client must work together to complete the Web Design
Project in a timely manner. We agree to work expeditiously to complete
the Web Design Project no later than 45 days after Client has submitted
all necessary materials. If the Client does not supply Simply Web Services
with complete text and graphics content for this Web Design Project within
60 days of the effective date this agreement, the entire deposit amount
of the agreement shall be retained by Simply Web Services as liquidated
damages and the contract shall become null and void, at Simply Web Services’
option, unless the Web Design Project is cancelled in writing by the Client
prior to 60 days of the effective date of the agreement.
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Project Delivery.
The
final website design project will be published to the Client's hosting
service upon receipt of final payment or delivered via diskette upon the
receipt of full payment. The Client understands that Simply Web Services
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 Simply Web Services full access to the Client's account via
FTP. The Client will be solely responsible for any and all hosting service
charges.
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Diskette: The Client
assumes all responsibility for the use and functionality of the Web Design
Project.
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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 Simply Web Services 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.
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Web Design Project Copyright.
Simply Web Services will own copyright to the finished web design site
produced by Simply Web Services. The Client will be assigned rights to
use the Web Design Project as a website, once final payment under this
agreement and any additional charges incurred have been paid. 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. Simply Web Services 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 Simply Web Services'
Web Site.
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Payments. Payments must
be made promptly based on the terms of this Website Design Project. Simply
Web Services 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 attorney’s
fees and court costs) incurred by that process. This agreement becomes
effective only when signed by Simply Web Services. Regardless of the place
of signing of this agreement, the Client agrees that for purposes of venue,
this agreement was entered into in Spotsylvania County, Virginia, and any
dispute will be litigated or arbitrated in Spotsylvania County, Virginia,
and the Client hereby consents to the personal jurisdiction of the Virginia
State Courts. Furthermore, the Client waives any right to or claim of sovereign
immunity. 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.S.
Dollars.
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Payment Schedule.
Payment
for services provided hereby shall be made in accordance with the conditions
contained in this contract and Attachment A, attached hereto and
made a part of this agreement hereof. Notwithstanding any prices listed
in literature or on Web pages, the Client and Simply Web Services agree
that the services described in this contract, and Attachment A,
shall be completed for $_______. The Client agrees to pay to Simply
Web Services an initial, non-refundable deposit of $_______ (normally,
50% of the estimated total cost or a minimum of $200.00) upon execution
of this agreement. Final payment is due prior to publication and/or delivery
of the Website Design Project. All amounts must be in U.S. Dollars.
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Legal Notice. Notwithstanding
anything to the contrary contained in this contract, neither Simply Web
Services 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 Simply Web Services 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 Simply Web Services has been advised
of the possibility of such damages.
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This Agreement. This
agreement constitutes the sole agreement between Simply Web Services 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 Simply
Web Services. 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.
AGREED TO:
Client
By_____________________________________
Date ________________
Name:
Title:
Address:
Social Security/Tax I.D.
Number:
Duly Authorized
Simply Web Services
By_____________________________________
Date ________________
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