Website Design and Maintenance Agreement
_________________________________________________ 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:
$150 for for up to 4 (four) pages.
$50 for every additional page.
Notwithstanding any prices listed in literature or on Web pages, The Client and American Design Services 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.
Changes to Submitted Text
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
understands that any Internet Service
Provider (ISP) services require a separate contract with the ISP of The
choice. The Client agrees to select an ISP which
allows American Design Services full access to the website and a
directory via FTP and telnet. The Client further understands that if
operating system is not a Unix system, the
form software will not work, and providing a substitute will incur
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
Design Services reserves the right to assign
subcontractors to this project to insure the right fit for the job as
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.
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
is free from any libel, false advertisements and that it is lawful
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
this contract, The Client is assigned
rights to use as
a website the design, graphics, and text contained in the finished
website. Rights to photos, graphics, source code, work-up files, and
programs are specifically not transferred
Client, and remain the property of their respective owners. American
Service and its subcontractors retain the right to display graphics and
Web design elements as examples of their work in their respective
Payment of fees
for American Design Services to remain in
business, payments must be made promptly.
bills will be assessed a $15 charge if payment is not received within
of the due date. If an amount remains delinquent 30 days after its due
additional 5% penalty will be added for
each month of
delinquency. American Design Services reserves the right to remove Web
from viewing on the Internet until final payment is
In case collection proves necessary, The Client agrees to pay all fees
by that process. This agreement becomes effective only when signed by
Design Services. Regardless of the place of signing of this agreement,
Client agrees that for purposes of venue, this contract was
entered into in
agreement contained in this "Website Design
and Maintenance Agreement" constitutes the sole agreement between
Design Services and The Client regarding this website. Any additional
specified in this contract must be authorized
written change order. All prices specified in this contract will
be honored for six (6) months after both parties sign this
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 $________________.
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
billed at the hourly rate of $25, and deducted from the initial
balance of which shall be returned to The
at the time of the request for refund, work has been completed beyond
amount covered by the initial payment, The Client shall be liable to
all work completed at the hourly rate stated above. No portion of this
payment will be refunded unless written
made within 30 days of signing this contract.