Website Design and Maintenance Agreement
Authorization.
_________________________________________________
hereby known as The Client is engaging American Design Services 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 an Internet Service Provider's computer. The Client hereby
authorizes American Design Services to access this account, and
authorizes the
Internet Service Provider to provide American Design Services with
"write
permission" for The Client's web page directory, cgi-bin directory, and
any other directories or programs which need to be
accessed
for this project. The Client also authorizes American Design Services
to
publicize their completed website to Web search engines, as well as
other Web
directories and indexes. The Client permits American
Design Services to use a link to the Client’s Website for advertisment
purposes.
Standard Website Package
Elements.
American
Design Services includes the following
elements in their Standard Website Packages:
Fees.
$150 for for
up to 4 (four) pages.
$50 for every
additional page.
Changes
to Submitted Text
Please
send us your final text. Time required
to make changes to client submitted text after the Web pages have
been constructed will be additional, billed at the hourly rate
of $25
per hour.
ISP
The Client
understands that any Internet Service
Provider (ISP) services require a separate contract with the ISP of The
Client's
choice. The Client agrees to select an ISP which
allows American Design Services full access to the website and a
cgi-bin
directory via FTP and telnet. The Client further understands that if
the ISP's
operating system is not a Unix system, the
response
form software will not work, and providing a substitute will incur
additional
charges.
Completion
Date
American
Design Services 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 American
Design Services
complete text and graphics content all Web pages contracted for within
two
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 10% of the total contract
price will also be assessed each month
until the website is
advertised.
Payment
of Fees
Fees to
American Design Services 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
$200, the total amount shall be paid upon
signing this
contract. In case The Client has not secured Web space on an Internet
Service
Provider computer 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.
Assignment
of Project
American
Design Services reserves the right to assign
subcontractors to this project to insure the right fit for the job as
well as
on-time completion.
Disclaimer
American Design Services does not warrant that the functions contained in these Web pages or the Internet Website 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 the Client. In no event will American Design Services 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 American Design Services 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.
Copyrights
and
Trademarks
The Client represents to American
Design Services and unconditionally guarantees that any elements of
text,
graphics, photos, designs, trademarks, or other artwork furnished to
American
Design Services for inclusion in Web pages are owned by The Client and,
and
that The Client has permission from the rightful owner to use each of
these
elements, and will hold harmless, protect, and defend American Design
Services
and its subcontractors from any claim or suit arising from the use of
such
elements furnished by The Client.
Liability
and content.
The Client warrants the accuracy of the content information
provided to American Design Services. The Client warrants that this
information
is free from any libel, false advertisements and that it is lawful
under the
laws of
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 American Design
Services
and its subcontractors from any claim, suit, penalty, tax, or tariff
arising
from The Client's exercise of Internet electronic commerce.
Copyright
for Web Pages
Copyright to the finished assembled
work of Web pages produced by American Design Services is owned by American Design Services. 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. American
Design
Service and its subcontractors retain the right to display graphics and
other
Web design elements as examples of their work in their respective
portfolios.
Payment
of fees
In order
for American Design Services 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. American Design Services 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
American
Design Services. Regardless of the place of signing of this agreement,
The
Client agrees that for purposes of venue, this contract was
entered into in
Sole
Agreement
The
agreement contained in this "Website Design
and Maintenance Agreement" constitutes the sole agreement between
American
Design Services 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 (6) months after both parties sign this
contract.
Continued services after that time will require a new agreement.
Initial
Payment and Refund Policy
The total
amount of this contract, totaling items
detailed in Paragraphs above, 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 American Design Services, work completed
shall be
billed at the hourly rate of $25, 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.
|
American
Design Services |
The Client |