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 everybodyneedsone Website Design, a sole proprietor, located at 7809 Prospector Place, Raleigh, North Carolina 27615, 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 everybodyneedsone Website Design to access this account, and authorizes the web hosting service to provide everybodyneedsone Website Design with "write permission" for the client's Web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes everybodyneedsone Website Design to publicize their completed website to Web search engines, as well as other Web directories and indexes.
2. Standard Website Package Elements. everybodyneedsone Website Design includes the following elements in their Standard Website Packages:
3. Standard Website Packages only. 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
everybodyneedsone Website Design an additional $_______ for each additional Web
page.
Graphics or photos beyond the allowed average of 1.3 per Web page 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.
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 Web editing software. Telephone long distance charges are in
addition to package rates quoted. Additional education and consultation is at
our hourly rate.
4. Maintenance and Hourly Rate. This agreement
includes minor Web page maintenance to regular Web pages
over a six-month 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 everybodyneedsone Website Design
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. The six-month maintenance period commences upon the date the client signs
this contract.
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, Web page design, editing, and art, photo,
graphics services, and helping clients learn how to use their own Web page editor. CGI programming 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 everybodyneedsone Website 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.
8. Completion Date. everybodyneedsone Website 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 everybodyneedsone Website Design 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 10% of
the total contract price will also be assessed each month until the website is
advertised.
9. Payment of Fees. Fees to everybodyneedsone Website Design
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 $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 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.
10. Assignment of Project. everybodyneedsone Website Design 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. everybodyneedsone Website Design 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 everybodyneedsone Website 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 Web pages or Website, even if everybodyneedsone Website 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.
12. Copyrights and Trademarks. The client represents to everybodyneedsone Website Design
and unconditionally
guarantees that any elements of text, graphics, photos, designs, trademarks, or
other artwork furnished to everybodyneedsone Website Design 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
everybodyneedsone Website Design 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 everybodyneedsone Website Design
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 everybodyneedsone Website Design is owned by everybodyneedsone Website 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. everybodyneedsone Website Design 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 everybodyneedsone Website 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. everybodyneedsone Website Design 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 everybodyneedsone Website Design.
Regardless of the place of signing of this agreement, the client agrees that for
purposes of venue, this contract was entered into in Wake County, North
Carolina,
and any dispute will be litigated or arbitrated in Wake County, North
Carolina.
Please pay on time.
16. Sole Agreement. The
agreement contained in this "Website Design Contract" constitutes the sole
agreement between everybodyneedsone Website 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.
18. 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 the Director of everybodyneedsone Website Design, 7809 Prospector Place,
Raleigh, North Carolina 27615,
phone (919)848-8938, 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 everybodyneedsone Website Design (authorized signature)
_______________________________________ Date ________________