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Our desire is to please our clients. One way to
accomplish this is to make clear our understandings with each other.
These are the terms of our agreement together:
Contact Name
_______________________________________________________________________
Phone
_____________________________________ FAX
____________________________________
Company
___________________________________________________________________________
Address
____________________________________________________________________________
____________________________________________________________________________________
City
__________________________________ State __________ ZIP __________ Country
_________
E-mail address
______________________________________________________________________
Present WWW URL
(if any): ____________________________________________________________
Username
_______________________________ Password
__________________________________
These are the terms
of our agreement together:
1.
Authorization.
The above-named client is engaging Reb Orrell, a partnership,
located at 1509 Stoney Beach Way, Baltimore, Maryland, 21226, 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 Reb
Orrell to access this account, and authorizes the web hosting service
to provide Reb Orrell with "write permission" for the client's web
page directory, and any other directories or programs which need to be
accessed for this project. The client also authorizes Reb Orrell to
publicize their completed website to Web search engines, as well as other
Web directories and indexes. Reb Orrell will not install any items on a
'free' hosting server.
2. Website Package Elements.
Reb Orrell includes the
following elements in the Website Packages:
-
E-mail/phone
consultation Up to 2 hours total general Internet orientation education, marketing
strategy, and web design consultation. Telephone long distance charges are in
addition to package rates. Additional consultation is at our hourly
rate.
-
Words of text
supplied by the client (200 words per page approximate maximum if not
supplied via diskette/CD/email). Reb Orrell will type in the text of up to
200 words per page. Additional fees will be incurred beyond the
200 word page limit. If client supplies via diskette/CD/email Web pages of
more than 1,200 words of text additional fees may be applied due to
increased formatting time.
-
Links
to external pages, up to 5 per page.
-
Custom Graphics
Package.
Header graphic on first page (simple custom graphic incorporating
company logo). Company logo will be used 'as is' if supplied on disk or
CD. If we scan for you, we will do our best to make as presentable
as possible; however, we will not 'pixel edit' the image unless an
additional charge of $50.00 per hour is paid by the client. Top-of-page graphic for all other pages in your website.
Colorful lines and bullets, and colored and textured background.
-
Photos and other misc.
graphic images
supplied by client up
to 5 included per page in standard websites, in addition to header and
top-of-page graphic.
-
Installation
of web pages on the client's or our web hosting company.
-
Minor updates and
changes to
existing web pages for three months, subject to the limits outlined
below. Additional changes billed at hourly rate. This includes only
"regular" pages, not product pages or the ordering system pages.
-
Site publicity
to at least 10 major Web search engines, such as Yahoo, AltaVista,
InfoSeek, WebCrawler, Lycos, HotBot, etc.
-
E-mail response link
on each web page to any e-mail address.
-
Feedback or guest book
form includes up to 20 fields. This is not
included in online stores, since the shopping cart software is a
functional equivalent.
- Blog. The
minimum cost for installing a blog is $25.
Reb Orrell will only install a blog on websites
he designs and hosts. Reb Orrell will supply the
client with the full website address of the blog control panel and will
also supply a user name and log on. Reb Orrell will supply a short
guide for using the blog in Adobe PDF format.
If you wish Reb Orrell
to install a blog on your website please sign here ___________________________
(NOTE: Additional web hosting costs may
apply.)
- Discussion Board. The minimum
cost for installing a discussion board is $100. Reb
Orrell will only install a discussion board on websites he designs and
hosts. Reb Orrell will supply the client with the
full website address of the discussion board control panel and will also
supply a user name and log on. Reb Orrell will do an initial
configuration up to two hours..
If you wish Reb Orrell
to install a discussion board on your website please sign here ___________________________
(NOTE: Additional web hosting costs may
apply.)
3. Website
Packages Content.
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 Reb Orrell
an additional $100 for each additional web page. 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.
4. Maintenance and
Hourly Rate.
This agreement includes minor web page maintenance to regular web pages
(not store product pages) over a three-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 Reb Orrell 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
three-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 $ 50.00.
This rate shall also govern additional work authorized beyond the maximums
specified above for such services as general Internet orientation,
marketing consulting, web page design, editing, modifying product pages in
an online store, 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.
5. 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.
6. Web Hosting.
The client understands that any web hosting services require a separate
contract with either Reb Orrell or with another web hosting service. Reb
Orrell will not install any items on a 'free' hosting server. The client agrees to select a web
hosting service that allows Reb Orrell full access to the web site
and a cgi-bin directory via FTP and telnet. The web hosting service must
have the latest version of Front Page Extensions installed on the client's
website. 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. Reb Orrell will host websites they create for a
$250.00 yearly fee and will provide standard website maintenance for
websites they design and host. If the Client chooses a different web
hosting service, Reb Orrell will only make
minor
updates and changes
to existing web pages for three months. If you wish Reb Orrell
to be your web host at a cost of $250 per year (which includes standard
website maintenance) please sign here ___________________________
7. Domain Name Registration.
Domain name registration is not included in the price of web design or web
hosting. The cost to register your domain name is $25.00. If
you wish Reb Orrell to register your domain name at a cost of $25.00
please sign here ___________
8.
Completion Date.
Reb Orrell 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 Reb Orrell 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 20% of the
total contract price will also be assessed each month until the website is
advertised. Client is again advised to send us your final text
as soon as possible, along with any photos, diskettes, brochures, or
advertising material useful for completing the website project.
9. Payment of Fees.
Fees to Reb Orrell 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 $300, 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 payable to Reb Orrell, and mailed to 1509 Stoney
Beach Way, Baltimore, Maryland, 21226.
10. Additional
Expenses. Client agrees to
reimburse Reb Orrell for any additional expenses necessary for the
completion of the work. Examples would be (but are not limited to): purchase of special
fonts, graphics, stock photography, templates, themes, software, scripts, etc.
11. Additional Services. Any
revisions, additions or redesign client wishes Reb Orrell to perform
not specified in this document shall be considered 'additional' and will
require a separate Agreement and payment.
12. Assignment of
Project.
Reb Orrell reserves the right to assign subcontractors to this
project to insure the right fit for the job as well as on-time completion.
13. Legal Stuff.
Reb Orrell does not warrant that the functions contained in these
web pages or the Internet web site 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 Reb Orrell 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 Reb Orrell 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.
14. Copyrights and
Trademarks.
The client represents to Reb Orrell and unconditionally guarantees
that any elements of text, graphics, photos, designs, trademarks, or other
artwork furnished to Reb Orrell 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
Reb Orrell and its subcontractors from any claim or suit arising
from the use of such elements furnished by the client.
15. 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 Reb Orrell and its
subcontractors from any claim, suit, penalty, tax, or tariff arising from
the client's exercise of Internet electronic commerce.
16. Copyright to Web
pages.
Copyright to the finished assembled work of web pages produced by Reb
Orrell is owned by Reb Orrell. Upon final payment of this
contract, the client is assigned rights to use as a web site 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. Reb Orrell and its subcontractors retain
the right to display graphics and other Web design elements as examples of
their work in their respective portfolios.
17. Payment of fees.
In order for Reb Orrell to remain in business, payments must be made
promptly. Delinquent bills will be assessed a $30 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 10% penalty will be added for
each month of delinquency. Reb Orrell 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 Reb Orrell. Regardless of the place of signing of this
agreement, the client agrees that for purposes of venue, this contract was
entered into in Anne Arundel County, Maryland, and any dispute will be
litigated or arbitrated in Anne Arundel county, Maryland.
18. Sole Agreement.
The agreement contained in this "Website Design Contract" constitutes the
sole agreement between Reb Orrell 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 two (2) months after both parties sign this
contract. Continued services after that time will require a new agreement.
19. Age. Client certifies
that he or she is at least 18 years of age.
20.
Authorship Credit. Client agrees that Reb Orrell may put a
byline and hyperlink on the bottom pages of their website establishing authorship credit and
copyright notice and that Reb Orrell may advertise client's website
as an example of their work.
21. Website Content.
Reb Orrell will not design or host any website containing adult
content or pornography.
22. Initial Payment and
Refund Policy.
The total amount of this
contract is $______________ comprised of $ ____________ for web
design by Reb Orrell, $__________ for website hosting &
standard website maintenance by Reb Orrell, $ ____________ for
installation of a blog, $ ___________ for installation of a
discussion board, and $ ____________________ for domain name registration by
Reb Orrell.
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 Reb Orrell, 1509 Stoney Beach Way, Baltimore, Maryland, 21226, 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.
23. Entire Understanding. This contract
constitutes the sole agreement between Reb Orrell and the Client
regarding its Web Design Service. It becomes effective only when
signed by both parties. This agreement shall be governed and
construed in accordance with the laws of the State of Maryland.
The undersigned agrees
to the terms of this agreement on behalf of his or her organization or
business. No responsibility will be accepted for digital or photocopied
signatures.
On behalf of the client
(authorized signature):
_______________________________________ Date ________________
On behalf of Reb Orrell (authorized signature)
_______________________________________ Date ________________
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