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Website Development Contract |
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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 David Nevels, a sole proprietor, located at 9012 E. Gregory Blvd. Raytown, MO 64133, 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 David Nevels to access this account, and authorizes the web hosting service to provide David Nevels 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 David Nevels to publicize their completed website to Web search engines, as well as other Web directories and indexes.
2. Website Elements. David Nevels will design, develop and publish to the client's web host a website that includes each of the elements that have been initialed by the client on the Website Package Elements Summary document.
I have initialled the elements that David Nevels will include in this website on the Website Package Elements Summary__________
3. Maintenance Plan. The complete maintenance plan is detailed on the Maintenance Plan Agreement. The maintenance period commences upon the date the client signs the Maintenance Plan Agreement and ends 365 days later.
Changes requested by the client beyond the limits provided for in the Maintenance Plan will be billed at the hourly rate of $ _________. This rate shall also govern additional work authorized beyond the maximums specified above.
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 David Nevels full access to the website and a cgi-bin directory via FTP.
This is page 1 of 3 pages. I have read and understand this page______________________________
Client Signature
8. Completion Date. David Nevels 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 David Nevels complete text and graphics content for use on the standard template within 30 days 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 60 days 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 launched.
9. Payment of Fees. Fees to David Nevels are due and payable on the following schedule: ______ upon signing this contract, ______ when the website has 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. Advertising the site 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. David Nevels 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. David Nevels 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 David Nevels 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 David Nevels 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 David Nevels and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to David Nevels 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 David Nevels 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 David Nevels and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
14. Copyright to Webpages. Copyright to the finished assembled work of webpages produced by David Nevels is owned by David Nevels. 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. David Nevels and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
This is page 2 of 3 pages. I have read and understand this page______________________________
Client Siganture
15. Payment of fees. In order for David Nevels 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. David Nevels 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 David Nevels. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Jackson County, Missouri, and any dispute will be litigated or arbitrated in Jackson County, Missouri. Please pay on time.
16. Sole Agreement. The agreement contained in this "Website Design Contract" constitutes the sole agreement between David Nevels 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 (12) 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 David Nevels, 9012 E. Gregory Blvd Raytown, MO 64133, phone (816) 743-9951, 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 ________________
David Nevels signature
_______________________________________
Date ________________
© Copyright 2004 by davidnevels.com
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