Web Site Design Project Contract
(SAMPLE)
[Package Type]
Client Information:
[Name]
1. Authorization.
The above-named Client (hereinafter referred to as "Client")
is engaging Gallantry Web Design as an independent contractor
for the specific purpose of designing a World Wide Web site,
herein after referred to as "Web Design Project",
to be published on the Client's account on an Internet Service
Provider (ISP)/Web Presence Provider (WPP) computer, herein
after refer to as "Hosting Service", or provided
on diskette at the Client's option. The Client hereby authorizes
Gallantry Web Design to access this account, and authorizes
the Hosting Service to provide Gallantry Web Design and its
designer, Rebecca Gallant, with "full access" to
the Client's account, and any other programs needed for this
Web Design Project that are included as part of the Client's
service agreement/level. The Client also authorizes Gallantry
Web Design to submit the completed Web Design Project to major
Web Search Engines.
2. Development.
This Web Design Project will be developed using Macromedia® Dreamweaver.
While Gallantry Web Design will make reasonable efforts to design a fully-functional web site, Gallantry Web Design's warranty does not cover AOL, text-based browsers or requested special effects that we have advised you against.
3. Assignment of Web Design Project.
Gallantry Web Design reserves the right, and you hereby agree,
to assign subcontractors to this Web Design Project to insure
that the terms of this agreement are met as well as on-time
completion.
4. Copyrights and Trademarks.
The Client unconditionally guarantees that any elements of
text, graphics, photos, designs, trademarks, or other artwork
furnished to Rebecca Gallant and/or Gallantry Web Design for
inclusion in the Web Design Project 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,
indemnify and defend Rebecca Gallant and Gallantry Web Design
and its subcontractors from any liability (including attorney's
fees and court costs), including any claim or suit, threatened
or actual, arising from the use of such elements furnished
by the Client.
5. Web Site Maintenance.
This agreement allows for minor web site maintenance to pages for the lifetime of your web site at no charge, up to an average of one half hour per regular web page, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guestbooks, discussion webs, navigation structure changes, attempted updates by Client repairs or Web Design Projects delivered to Client via diskette, U.S. mail and e-mail. The period begins on the date the Client's web site is available to be published to the Client's hosting service. Major page code and/or graphics changes and additions will be charged at the $50.00 per hour rate. (Notice: This rate is subject to change at any time.) Continuous maintenance will be billed when $250 has been reached, or in 30 day increments, which ever comes first. All payments, regardless of amount, must be made within 30 days.
6. Completion Date.
Gallantry Web Design and the Client must work together to
complete the Web Design Project in a timely manner. We agree
to work expeditiously to complete the Web Design Project no
later than 30 days after Client has submitted all necessary
materials. If the Client does not supply Gallantry Web Design
with complete text and graphics content for this Web Design
Project within 45 days of the effective date of this agreement,
the entire deposit amount of the agreement shall be retained
by Gallantry Web Design as liquidated damages and the contract
shall become null and void, at Gallantry Web Design' option,
unless the Web Design Project is canceled in writing by the
Client prior to 45 days of the effective date of the agreement.
7. Project Delivery.
The final web site design project will be published to the
Client's hosting service upon receipt of final payment or
delivered via diskette upon the receipt of full payment. The
Client understands that Gallantry Web Design does not provide
any hosting services in connection with this Web Design Project.
Hosting services require a separate contract with the hosting
service of the Client's choice. The Client agrees to select
a hosting service which allows Gallantry Web Design full access
to the Client's account via FTP (File Transfer Protocol).
The Client will be solely responsible for any and all hosting
service charges.
8. Electronic Commerce Laws.
The Client agrees that the Client is solely responsible for
complying with any laws, taxes, and tariffs applicable in
any way to the Web Design Project or any other services contemplated
herein, and will hold harmless, protect, and defend Rebecca
Gallant and Gallantry Web Design and its subcontractors from
any claim, suit, penalty, tax, fine, penalty, or tariff arising
from the Client's exercise of Internet electronic commerce
and/or any failure to comply with any such laws, taxes, and
tariffs.
9. Web Design Project Copyright.
Copyright to the finished web design site produced by Gallantry
Web Design will be owned by Rebecca Gallant and/or Gallantry
Web Design. The Client will be assigned rights to use the
Web Design Project as a web site, once final payment under
this agreement and any additional charges incurred have been
paid. Rights to photos, graphics, source code, work-up files,
and computer programs specifically are not transferred to
the Client, and remain the property of their respective owners.
Gallantry Web Design and its subcontractors retain the right
to display graphics and other Web Design elements as examples
of their work in their respective portfolios. All Web Design
Projects will contain a copyright/legal statement with a link
to Gallantry Web Design' Design Services Web Site.
10. Payments.
Payments must be made promptly based on the terms of this
Web Site Design Project. Gallantry Web Design reserves the
right to remove any Web Design Project from viewing on the
Internet until final payment is made. All payments are to
be made within 30 days after completion and approval of the
Web Design Project by the Client. In case collection proves
necessary, the Client agrees to pay all fees (including all
attorney's fees and court costs) incurred by that process.
This agreement becomes effective only when signed by Gallantry
Web Design. Regardless of the place of signing of this agreement,
the Client agrees that for purposes of venue, this agreement
was entered into Rockingham County, New Hampshire, and any
dispute will be litigated or arbitrated in Rockingham County,
New Hampshire and the Client hereby consents to the personal
jurisdiction of the New Hampshire State Courts. Furthermore,
the Client waives any right to or claim of sovereign immunity.
Adding of Meta Tags (Description and Keywords) and the submission
of the Web Design Project to Web search engines and updating
occur only after the full final payment is made. All payments
will be made in U.S. Dollars.
11. Payment Schedule.
Payment for services provided hereby shall be made in accordance
with the conditions contained in this contract and the Package
Price, attached hereto and made a part of this agreement hereof.
Notwithstanding any prices listed in literature or on Web
pages, the Client and Gallantry Web Design agree that the
services described in this contract, and the Package Price,
shall be completed for $________. The Client agrees to pay
to Gallantry Web Design an initial, non-refundable deposit
of $________ (normally, 50% of the estimated total cost) upon
execution of this agreement. Final payment is due within 30
days prior to publication and/or delivery of the Web Site
Design Project. All amounts must be in U.S. Dollars.
12. Legal Notice.
Notwithstanding anything to the contrary contained in this
contract, neither Gallantry Web Design nor any of its employees
or agents, warrants that the functions contained in the Web
Design Project will be uninterrupted or error-free. The entire
risk as to the quality and performance of the Web Design Project
is with the Client. In no event will Rebecca Gallant and/or
Gallantry Web Design be liable to the Client or any third
party for any damages, including, but not limited to, service
interruptions caused by Acts of God, the Hosting Service or
any other circumstances beyond our reasonable control, any
lost profits, lost savings or other incidental, consequential,
punitive, or special damages arising out of the operation
of or inability to operate this Web Design Project, failure
of any service provider, of any telecommunications carrier,
of the Internet backbone, of any Internet servers, your or
your site visitor's computer or Internet software, even if
Gallantry Web Design has been advised of the possibility of
such damages.
13. This Agreement.
This agreement constitutes the sole agreement between Gallantry
Web Design and the Client regarding this Web Design Project.
Any additional work not specified in this contract or any
other amendment or modification to this contract must be authorized
by a written request signed by both Client and Gallantry Web
Design. All prices specified in this contract will be honored
for 6 months after both parties sign this contract. Continued
services after that time will require a new
agreement.
The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
AGREED TO:
Client
(Sign) By_____________________________________ Date ________________
(Print) Name:
Title:
Address:
Phone:
E-mail:
Gallantry Web Design
By__________________________________________ Date ________________
Rebecca Gallant
It's Authorized Representative
Note: This is a SAMPLE ONLY and is subject to change. Your actual contract may vary based on the Package Type or Extra Services you choose.