Website Design Contract

Transcription

1 Website Design Cntract This is a legal and binding cntract between TRW Web Design Cmpany and the Client listed belw. Develper: Tny Weatherman TRW Web Design Cmpany Jan Lan Blvd St Clud, Flrida (407) webdesign.cm webdesign.cm Client: Cmpany Name Cntact Name Billing Address City State Zip Cde Business Phne Mbil Phne Address Present Website Dmain Name (if applicable): These are the terms f ur agreement tgether; 1. Authrizatin: The abve named Client is engagingg TRW Web Design Cmpany, herein knwn as Develper, a sle prprietrr lcated in St Clud, Flrida, as an independent cntractr fr the specific purpse f develping and/r redesigning r imprving a website. The Client hereby authrizes the web hsting service t prvide the develper with full access and permissin t the clients web hsting directry and any ther prgrams and directries which may be needed fr this prject. The client als authrizes the develper t publicize their cmpleted website t the search engines and ther web directries as well as display n develpers website prtfli as an example f their wrk.

2 2. Website Package Descriptin: Belw is a descriptin f services which may r may nt be included. Dmain Registratin: Develper will help secure a dmain name fr the client at the clients request and expense. The dmain name will be registered thrugh the develper and be registered in the clients name and becme prperty f the client nce final payment is made. If the client already has a dmain name, the develper will crdinate redirecting it t the new website hst. Website Hsting: The client agrees t select a hsting service that allws the develper full access t the website, SQL databases and any ther area access is required t cmplete this prject. The client further understands that the hsting definitins are t meet the needs f the develper and the prgrams and scripts required t run the clients website needs. Client als understands that TRW Web Design Cmpany des prvide hsting services and if needed can ffer these services t the client. Hsting csts are nt included in this cntract unless specified in the appendix. Installatin: The client understands that the website will be installed and built n the clients server. The develper reserves the right t restrict the clients access t the server until final payment is made, and can remve the website at anytime fr failure t cmply with this agreement. Text and Cntent: All text and cpy fr the website must be supplied by the client in (.dc) r (.txt) frmat via r uplad frm develper website. There will be an additinal charge fr typesetting and/r creating text and cpy. Phts: Phts and ther miscellaneus graphics and Images must be supplied by the client. This agreement includes scanning up t 10 phts if required by the client. Any additinal scanning will be an additinal cst. Site Publicity: Once the website is cmplete the develper will submit the client website t a ne time search submissin t mst f the majr web search engines such as Ggle, Yah Search, Bing and ther search engines. This submissin des nt include any directries r paid fr inclusin search engines. Web Brwser Cmpatibility: This agreement cntemplates the creatin f a website that will be viewable by Micrsft Internet Explrer and Mzilla Firefx versins that are available at the time f this agreement. Cmpatibility is defined herein as all critical elements f each page being viewable in bth brwsers. Develper cannt guarantee the cmpatibility f clients website with AOL Brwser, r Ggle Chrme. Client is als aware that sme f the website techniques may require plug ins and add ns t wrk cmpletely. Client als understands that as newer versins f brwsers are develped, the newer versins may nt be cmpatible and may require an update t the website t meet these requirements and is nt included in this agreement.

3 Site Map: This agreement will als include a sitemap t be installed fr search engine navigatin n all websites that are 8 pages r mre. 3. Website Package: The cntent f the web pages will be supplied by the client and executed by TRW Web Design Cmpany as specified by the client in the Design Wrksheet dated. This website will include apprximately static pages and prgrams als specified in Design Wrksheet. If the client desires t add additinal pages r make any changes after this agreement has been signed, the client understands there will be an additinal charge fr any changes beynd the scpe f this agreement. 4. Additinal Expenses: Client agrees t reimburse the develper fr any critical client requested expenses necessary fr the cmpletin f this prject. Examples f this wuld be; Purchase f specific phtgraphy at the clients request. Purchase f specific sftware r scripts at the clients request. Purchase f specific fnts at the clients request. 5. Other Services: The develper can als ffer any f these additinal services t the client at clients request; Graphic Creatin: At the clients request the develper can als ffer lg creatin and banners and buttns fr the client t use fr internet advertising. If this ptin is included, details will be discussed n the design Wrksheet. Macrmedia Flash: At the clients request the develper can als ffer Macrmedia Flash t be installed n the clients website. If this ptin is included, details will be discussed n the design Wrksheet. Audi: At the clients request the develper can embed audi files t play n the clients website. If this ptin is included, details will be discussed n the design Wrksheet. Vide: At the clients request the develper can embed vide t stream r be dwnladed frm the clients website. If this ptin is included, details will be discussed n the design Wrksheet. Secured Certificates: At the clients request the develper can install a secured certificate n the clients website fr the purpses f ecmmerce r nline stres. If this ptin is included, details will be discussed n the design Wrksheet. Ecmmerce/Shpping Cart: at the clients request the develper can install and custmize an ecmmerce r shpping cart prgram n the clients website. The client understands that this ptin des nt include the develper adding prduct withut additinal cst.

4 Website Training: Included with this agreement is (2) tw hurs f training n using any sftware r prgrams t be installed n the clients website. Shuld the client require additinal training it will be understd that it will be an additinal expense f the client. 6. Client Changes: TRW Web Design Cmpany takes great pride and effrt in prviding excellent service. This is the spirit f ur agreement and ur business. T that end, we encurage input frm the client during the design prcess. Each stage f the develpment prcess is apprved by the client and any significant changes r requests after client acceptance f that stage in develpment culd result in additinal charges. This agreement des nt include a prvisin fr significant layut mdificatin, navigatinal mdificatin r creatin f additinal pages in excess f what is laid ut in the Design Wrksheet. Significant changes can include; Develping a new table r layer structure t accmmdate a substantial redesign at the clients request. Recreating r significantly mdifying the page structure, navigatinal structure r verall layut at the clients request. Replacing mre than 65% f the text r cpy n any given page at clients request. The additin f pages t the website creating additinal navigatinal structure changes. Mderate changes t the website, hwever, will always be cvered during develpment f the website and als cvered by ur (2) tw mnths f free maintenance. 7. Website Maintenance: It will be understd that after cmpletin f the client website there will be (2) mnths f free website maintenance. This will include minr maintenance t web pages (nt stre prducts, r prduct pages), updating inline links, and minr cpy and text changes. Any changes r maintenance needed beynd the scpe f this agreement will be billed at the hurly rate and subject t client apprval befre wrk will cmmence. TRW Web Design Cmpany des ffer discunted Mnthly Maintenance Packages fr clients wh anticipate frequent changes t images, text and cntent t their website. 8. Search Engine Submissin: TRW Web Design Cmpany will ptimize ALL pages f the clients website and submit the entire website t a ne time submissin t majr search engines such as Ggle, Yah Search and Bing. TRW als ffers Advanced Search Optimizatin Packages and Website Marketing services if needed. TRW des encurage all f the cmmercial clients t btain Advance Search Engine Optimizatin fr best rganic results. 9. Third Party r Client Mdificatin: Sme clients will desire t purchase editing sftware and independently edit r update their website pages after the cmpletin f the website. Please nte that TRW Web Design Cmpany is nt respnsible fr any damage

5 created by the client r any agent f the client. Any repairs required will be assessed at and hurly rate f $75 (Seventy Five Dllars) per hur with a ne hur minimum charge. 10. Cpyright and Trademarks: The client represents t the develper and uncnditinally guarantees that any elements f text, graphics, phts, designs, trademarks r artwrk furnished t TRW Web Design Cmpany fr inclusin int the client website are wned by the client, r that the client has permissin frm the rightful wner t use each f these elements and will hld develper and its cntractrs harmless frm any claim r suit arising frm the use f such elements supplied by the client. 11. Assignment f Prject: TRW Web Design Cmpany reserves the right t assign certain subcntractrs t this prject t insure the cmpletin f the prject in a timely manner. TRW warrants all wrk cmpleted by subcntractrs r emplyees. If a subcntractr is required, TRW will nly use industry specific prfessinals. 12. Age: Authrized representative f the client certifies that he/she is at least 18 years f age and legally capable f entering int a cntract in the State f Flrida n behalf f the client. 13. Warranties and Liability: Client agrees that any material submitted fr publicatin will nt cntain anything leading t an abusive r unethical use f the Web Hsting Service, the hst server r TRW Web Design Cmpany. Abusive and unethical materials and uses include, but are nt limited t, racism, terrrism, prngraphy, bscenity, vilatins f privacy, cmputer viruses, harassment, any illegal activity, spamming, advcacy f an illegal activity and any infringement f privacy. It is als understd that TRW Web Design Cmpany will nt publish infrmatin ver the internet which may be used by anther party t knwingly cause harm t anther. TRW will nt develp a warez website fr any client. Client agrees t hld TRW harmless frm any and all claims and disputes that arise frm the clients publicatin f any and all use f thse materials. TRW Web Design Cmpany agrees t never share, disclse, duplicate r share any trade secrets r infrmatin frm any client with anyne, r publish n any website nt authrized by the initiating client. 14. Ownership f Website and Graphics: Cpyright and Ownership t the finished and assembled wrk f webpages and graphics prduced by the develper shall be vested with the client upn final payment f the prject. This wnership is t include the design, phts, graphics, surce cde, text and any sftware purchased r designed specifically fr the client fr cmpletin f this prject.

6 TRW Web Design Cmpany reserves nly the right t display its lg and hyperlink n the bttm f the website as lng as it is at least 60% f the creatin f the develper. TRW als reserves the right t display the design n the develpers website as an example f their wrk. Client may, if they chse purchase a DVD with all materials and sftware used and created fr the develpment f the website prject frm the develper at a $25.00 fee. 15. Laws Affecting Electrnic Cmmerce: Frm time t time gvernments enact laws and levy taxes and tariffs affecting internet electrnic cmmerce. The client agrees that the client is slely respnsible fr cmplying with such laws, taxes and tariffs and will hld TRW Web Design Cmpany harmless, prtect and defend the develper and its emplyees and subcntractrs frm any claim, suit, penalty r tax arising frm the clients exercise f internet electrnic cmmerce. 16. Indemnificatin: Client agrees that it shall defend, indemnify, save and hld harmless TRW Web Design Cmpany frm any and all demands, liabilities, lsses, csts and claims, including reasnable attrney s fees assciated with TRW s develpment f the clients website. This includes liabilities asserted against TRW Web Design Cmpany, its emplyees, subcntractrs, agents and fficers that may arise as a result frm any service prvided, perfrmed r agreed t be perfrmed r any prduct r service prvided by TRW Web Design Cmpany. Client als agrees t defend, indemnify and hld harmless TRW Web Design Cmpany against any liabilities arising ut f any damage r injury t any persn r prperty cause by any prducts r services sld r distributed ver the clients website. Client als agrees t hld harmless and prtect TRW frm any disputes r claims frm any cmputer issues anyne may have frm visiting the clients website. 17. Wrk Schedule and Cmpletin Date: Develper will submit a draft r Image f the layut f the website n later than (5) five business days after receiving a signed cntract and depsit frm the client. Client agrees t send any and all materials and access t develper t meet this deadline. Client will then be asked t cnfirm acceptance f the layut by and wrk will begin n the develpment f the website. After Layut apprval the client must supply develper with all ther materials required t cmplete the prject in a timely manner. All cpy, text, images and graphics must be sent via , r upladed t the develpers website when requested in rder t meet the agreed upn cmpletin date. Develper is nt respnsible fr delays because f material bligatins nt being met by client. 18. Default: In the event f any default f any material bligatin by r wned by a party pursuant t this agreement, then the ther party may prvide written ntice f such default. If such default is nt cured r reslved within (5) five business days f written ntice, then the nn defaulting party may terminate this agreement.

7 19. Ntices: Any ntice required by this agreement r given in cnjunctin with it, shall be in writing and shall be given t the apprpriate party by certified mail, r recgnized delivery services. Any ntices r requests fr changes t be made by the client t the website must be made by detailing the request and cme frm the clients registered address. 20. Litigatin: Any disputes arising frm this cntract will be litigated r arbitrated in Oscela Cunty, Flrida. This agreement shall be gverned and cnstrued in accrdance with the laws f the state f Flrida. Client agrees that fr purpses f venue this cntract, regardless f lcatin f signing, was entered int in Oscela Cunty, Flrida and any dispute will be litigated r arbitrated in Oscela Cunty, Flrida. In case cllectin prves necessary, the client agrees t pay all fees incurred by that prcess. This agreement becmes effective nly when signed by an authrized fficer r emplyee f TRW Web Design Cmpany. TRW reserves the right t remve the website, and all materials frm the client server frm viewing until final payment is made. 21. Rights f Terminatin f Agreement: TRW Web Design Cmpany gives the client the right t terminate this agreement within (30) days f signing by bth parties. Terminatin must be delivered by registered letter t the develper at the address listed n the first page f this agreement. In the event the client terminates the agreement, wrk cmpleted by the date f receipt f terminatin will be billed at the hurly rate f (50) fifty US dllars and hur, deducted frm the depsit and the balance f depsit, if any, will be returned t the client. In the event that the amunt wed is greater than the depsit amunt, the client must pay the balance within (10) days f written ntificatin f balance. TRW Web Design Cmpany will at the request f the client then transfer, assign and make available all prperty and materials in develpers pssessin at the time f cancellatin t the client. 22. Payment f Fees: A minimum depsit f (50) fifty percent is required t cmmence wrk. If cntract amunt is (1000) ne thusand dllars r less, then a depsit amunt f (500) five hundred dllars is required. The remaining balance must be paid nce the prject has reached (90) ninety percent. Any training and access t the server will be released after final payment is made t develper. 23. Sle Agreement: The agreement cntained in this website Design Cntract cnstitutes the sle and entire agreement between TRW Web Design Cmpany and the Client regarding the website prject. Any additinal wrk nt specified in

8 this agreement, r in the Website Design Wrksheet must be authrized by a written change rder and signed by bth parties. This agreement cnstitutes the entire understanding between TRW Web Design Cmpany and the Client. This agreement terminates and supersedes all prir understandings and agreement, bth written and ral, n the subject matter heref. Any changes r mdificatins theret must be in writing and signed by bth parties. 24. Scheduled Target Cmpletin Date: Develper and client agree that the target cmpletin date f this prject is. The client als understands that any material delay n their part can delay the target cmpletin date. 25. Initial Payment and Balance Due: The Ttal amunt f this prject based n this agreement in US dllars is $. This agreement begins with a depsit f $ and the balance f $ plus any client requested changes and expenses requested by the client t be paid when the prject reaches 90% cmpletin. 26. Authrized Signatures: The undersigned parties agree t the terms f this agreement n behalf f his/her rganizatin r business. On Behalf f the Client (Authrized Signature) Date: On Behalf f TRW Web Design Cmpany (Authrized Signature) Date: 27. Appendix: Here are the written stipulatins and r additinal requests by bth parties;