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Laura Deng - Designer
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Web Site Design Agreement
Contact Name ___________________________________________ Phone ___________ FAX ___________ Company/Client _________________________________________ Address _______________________________________________ City ____________________ State ____ ZIP ____ E-mail address _________________________ WWW URL (if any):__________________________________ |
Prite Web Development's 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 Prite Web Development / Laura Deng - Designer, a Sole Proprietor, located at 1830-N Via Petirrojo, Newbury Park, Ca 91320, 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 Prite Web Development to access this account, and authorizes the web hosting service to provide Prite Web Development 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 Prite Web Development 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.) Prite Web Development includes the following elements in their Standard Website Packages:
- E-mail/phone consultation (Up to 3 hours total general Internet orientation education, marketing strategy, Web design consultation, and helping clients learn to use their own webpage editor if desiured. Telephone long distance charges are in addition to package rates quoted. Additional education and consultation is at our hourly rate of $65 per hour.)
- Words of text supplied by the client (200 words per page approximate maximum if not supplied via diskette. webpages of more than 1,200 words of text may be subject to additional fees, especially if they require a great deal of formatting.)
- Links to external pages, as needed.
- Custom Graphics Package. Masthead graphic on first page (customized Flash template integrating customer's new logo design). Top-of-page FLASH Template changes for all other static pages in your website. All graphics to stay within general look and feel established.
- Photos and other misc. graphic images supplied by client (up to an average of 3 included per page in standard websites and up to 12 images displayed on "regular" online store pages, in addition to masthead and top-of-page graphic. Color originals larger than 5" x 8" are extra).
- Installation of webpages on the client's established web hosting service with Prite WEB Development that is said to be PHP and FormMail enabled with appropriate bandwidth at the time the site is published and server space alotment. All server technical issues are to be handled by Designer unless otherwise noted amongst all parties.
- Minor updates and changes to existing webpages for two weeks, subject to the limits outlined below. Additional changes billed at hourly rate. For online stores, this includes only "regular" pages, not product pages or the ordering system pages unless there is an error by Prite WEB Development or its representatives. This does include any MINOR modifications and tweaking to work out backend database bugs and functionality. This does not include adding features past the scope of this project outlined in __________ dated ________.
- Site publicity to at least 5 major Web search engines, such as Google, AltaVista, AlltheWeb, WebCrawler, Lycos, HotBot, etc. Yahoo ($299) and Inktomi ($40) submission will require an additional agreement. Your website information will be submitted to the Open Directory Project (DMOZ) for inclusion, if accepted under the terms and conditions of www.dmoz.com
- KeyPhrase Optimization & Meta Tag Generation will be set up on all static pages on a one-time basis using our own techniques ( Trade Secret ). Title only will be placed on Dynamic Pages. Ongoing web site marketing and copy writing will require an additional service fee.
- E-mail response link on each webpage to any e-mail address the client designates. An online feedback form will also be created on the contact_us.htm static page.
- Feedback or guest book form Basic CGI FormMail included. Includes up to 10 fields. Extra charges may be incurred if the client's web hosting service does not use a Unix or NT operating system. Not included in the package price for sites smaller than 5 pages. This is not included in online stores, since the shopping cart software is a functional equivalent. Exceptions may be made if secure shopping cart is provided via Paypal or other basic credit card processing service.
- Image Map for internal navigation (Not included in the package price for sites smaller than 5 pages.) ( This will be used in limited fashion for basic static page links ). Main navigation will be done via a Flash Navigation system integrated in the Mast Header of the site.
3. Standard Website Packages only. (Cross out this section for online stores.) The content of the webpages will be supplied by the client and executed as specified by the client in the "Website Planning Worksheet" dated ___________ ). This website includes up to ( 5 )static webpages. Graphics or photos beyond the allowed average of 2.3 per webpage shall be billed at an additional $10 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. The store size and additional services, and prices of each are detailed on the _____________, dated ________, 2005 ).
4.
Online stores only. (Cross out section
for Standard Website Packages.) The text and graphic content of the webpages
will be supplied by the client and executed as specified by the client
in the "Website 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 Prite Web Development dated
____________ is attached to this document and governs the prices for this
contract. Notwithstanding any prices listed in literature or on webpages,
the client and Prite Web Development 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 5 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
webpages, 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 webpage
maintenance to regular webpages (not store product pages) over a two week
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 Prite Web Development attempts updating the client's pages, time
to repair webpages will be assessed at the hourly rate, and is not included
as part of the updating time. The two week maintenance period commences
upon the date the client's web site is officially published to the web
and all monies paid..
Changes
requested by the client beyond those limits will be billed at the hourly
rate of $60. 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. 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 webpages have been constructed will be additional, billed at the hourly
rate.
7.
Web Hosting. The client understands that any web hosting services
may require a seperate contract with a web hosting service. The client
agrees to select a web hosting service which allows Prite Web Development
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 or NT system, standard CGI software may not work,
and providing a substitute may incur additional charges. Non-e-commerce
websites are allotted 500 mb of bandwidth each month and will be charged
$.04 per MB overage. Online stores or Commercial web sites are alotted
1 GIG of transfer and will be charged $.05 per MB overage or set up on
a custom plan that accommodates bandwidth needs.
8.
Completion Date. Prite Web Development and the client must work together to complete the website
in a timely manner. We agree to work expeditiously to complete each phase of development no later than 30Working DAYS from Initial Contract Approval
and initial 60% of Total Project Phase Fee Deposit Paid.
If the client
does not supply Prite Web Development complete text and graphics content
all webpages contracted for within four 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
six weeks 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 published. 9.
Payment of Fees. Fees to Prite Web Development are due and
payable on the following schedule: 75% upon signing this contract,
25% when the webpages have been constructed and proofed according
to the client's original written specifications unless other arrangements
have been agreed upon. The web site will be published on the World Wide
Web once all monies due are paid. If the total amount of this Agreement
is less than $600, the total amount shall be paid upon signing this Agreement.
In case the client has not secured Web space on a web hosting service
by the time the webpages are completed, the webpages 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 made out to, " Laura Deng". We accept PayPal under $200, otherwise we accept Business Checks and Cash. Personal Checks must clear before website design will begin.
10.
Assignment of Project. Prite Web Development 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. Prite Web Development 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 Laura Deng - Designer (PriteWebDevelopment.com
) 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 Prite Web Development 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 Prite Web Development and unconditionally guarantees that
any elements of text, graphics, photos, designs, trademarks, or other
artwork furnished to Prite Web Development 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 Prite Web Development 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 Prite Web Development 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 Prite Web Development is owned by Prite Web
Development / Laura Deng - Designer. 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. Prite Web Development 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 Prite Web Development to remain
in business, payments must be made promptly. Delinquent bills will be
assessed a $25 charge if payment is not received within 10 days of the
due date. Prite
Web Development reserves the right to remove webpages from viewing on
the Internet until final payment is made. If
an amount remains delinquent 30 days after its due date, an additional
5% penalty will be added for each month of delinquency and the website
will be "turned off from public viewing with a Splash
Page stating that the web site is undergoing routine maintenance. Any
statement from the client that payment will not be made in the future,
then Prite WEB Development reserves the right to "turn off "
the web site at any given time past the actual due date. If an amount
remains delinquent 60 days after its due date, all files will be removed
from the server and no duplication rights or usage will be granted.
In case collection proves necessary, the client agrees to pay
all fees incurred by that process. This Agreement becomes effective immediately
upon web site publishing and clients are encouraged to read Agreement
terms carefully and thoroughly and ask questions to
Laura Deng - Designer, Prite Web Development if
they should arise. Regardless of the place of reading / signing of this
agreement, the client agrees that for purposes of venue, this contract
was entered into in Ventura County, California, and any dispute will be
litigated or arbitrated in Ventura County, California. Please pay on time.
16.
Sole Agreement. The agreement contained in this "Web
Site Design Agreement" constitutes the sole agreement between
Laura Deng - Designer Prite Web Development, its subcontractors,
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 12 months after all 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 Agreement 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 Sole Proprietor of Prite Web Development, 1830-N Via Petirrojo, Newbury Park,
Ca 91320, phone (805) 405-3820, 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 above also applies to
upfront hosting fees. No refunds for hosting will be made after 30 days
unless server logs demonstrate that the web site was not accessible via
a standard internet browser viewable for a period more than 10%.
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 Laura Deng - Designer / Prite Web Development (authorized signature)
_______________________________________
Date ________________
Rev 1.1, Jan, 2005
Laura Deng - Designer
805-405-3820
http://www.prite.com