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Dailey Web Design -- Terms and Contract
Dailey Web
Design wants first and foremost to please our clients by doing our best to
meet your expectations of professional quality and service. In order to
maintain your trust and satisfaction with our company we have very clearly
delineated the terms of our business relationship.
These are the terms of our agreement together:
1.
Authorization
The above-named client
is engaging Dailey Web Design, a partnership, located at 1235
Hogansville Rd. Suite 432, Lagrange, Georgia 30241, 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 or on a web hosting service's
computer. The client hereby authorizes Dailey Web Design to access
this account, and authorizes the web hosting service to provide Dailey
Web Design 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 Dailey Web
Design to publicize their completed website to Web search engines, as
well as other Web directories and indexes.
2. Basic Website Package Elements
Dailey Web Design
includes the following elements in their Basic Website Package:
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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
quoted. Additional education and consultation is at our hourly
rate.
-
Words of text
supplied by the client -- 200 words per page approximate maximum
if not supplied via electronic medium (e.g. disc, email with
attached Microsoft Word document, etc.) Webpages with 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 -- up to an average
(not a maximum) of 2.5 links per page.
-
Custom graphics
package -- masthead graphic on first page (simple custom
graphic incorporating your existing company logo). Top-of-page
graphic for all other
pages in your website. Colorful lines and bullets and
colored/textured background.
-
Photos and other
miscellaneous graphics -- these images are to be supplied by
client, with 2 per page maximum in basic websites (these being
in addition to the masthead and
top-of-page graphic). Graphics can be provided in file or
physical form.
-
Web hosting --
six months of hosting is included with the basic package and
additional web hosting can be provided through a maintenance
contract offered at the end of the basic web design service
contract.
-
Basic updating
service -- small changes can be made to any preexisting webpage
for six months after this agreement is signed. These changes
are subject to the limits outlined below. Additional changes
billed at hourly rate.
-
Site publicity
-- the client’s site will be posted to at least a dozen major
Web search engines, such as Google, Yahoo, AltaVista, InfoSeek,
WebCrawler, Lycos, HotBot, etc.
-
E-mail response
link -- provided on each webpage the client designates and to
any e-mail address provided by the client (limit one email
response link per page). We can also provide custom email
services for your domain (e.g.
yourname@yourcompany.com).
We will provide up to 5 pop email addresses for your domain.
3. Content
The content
of the webpages will be supplied by the client and executed as specified
by
the client. This website includes up to 6 pages. If the client
desires additional standard webpages beyond the original number of
pages specified above, the client agrees to pay Dailey Web Design an
additional $30 for each additional webpage. Graphics or photos beyond
the allowed 2 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.
4. Maintenance and Hourly Rate
This agreement
includes minor webpage maintenance to regular webpages (not store
product pages) over a six-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 Dailey Web Design attempts
updating the client's pages themselves, time to repair webpages
will be assessed at the hourly rate and is not included as part of the
updating time. The six-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 $30. 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, and graphics services.
5. Changes to Submitted Text
Please send us your
final text by _______________, as the time
required to make major changes to client-submitted text after the webpages have been constructed will be additional and billed at the
hourly rate.
6. Completion Date
Dailey
Web Design and the client must work together to complete the website
in a timely manner. We agree to work expeditiously to complete the
website’s design within 10 business days after receiving this contract
signed by the client. Once the site design is completed and
approved by the client there will be a 72 hour delay before it appears
on the web. There is also a delay before your page will appear
in all search engines, as their servers take time to update their
webpage database.
If the client does not supply Dailey Web Design complete text and
graphics content for all webpages contracted 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 10% of the total contract price will
also be assessed each month until Dailey Web Design has received the
complete text and graphics content for all webpages.
7. Payment of Fees
Fees to Dailey Web
Design are due and payable on the following schedule: 50% upon signing
this contract, 50% when the webpages have been constructed according
to the client's original written specifications. Advertising the
pages to Web search engines, posting to a domain, email services, and
updating occur only after the final payment is made. All payments will
be made in US funds.
8. Assignment of Project
Dailey Web Design
reserves the right to assign subcontractors to this project to insure
the right fit for the job as well as on-time completion.
9. Legal Stuff
Dailey Web Design 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 the client. In no event will Dailey Web Design 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 Dailey Web Design 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.
10. Copyrights and Trademarks
The client represents
to Dailey Web Design and unconditionally guarantees that any elements
of text,
graphics, photos, designs, trademarks, or other artwork furnished to
Dailey Web Design 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 Dailey Web Design and its
subcontractors from any claim or suit arising from the use of such
elements furnished by the client.
11. 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 Dailey Web
Design and its subcontractors from any claim, suit, penalty, tax, or
tariff arising from the client's exercise of Internet electronic
commerce.
12. Copyright to Webpages
Copyright to the
finished assembled work of webpages produced by Dailey Web Design is
owned by Dailey Web Design. 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. Dailey 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.
13. Payment of fees
In order for Dailey
Web Design 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. Dailey Web Design reserves the
right to remove webpages 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 Dailey Web Design. Regardless of
the place of signing of this agreement, the client agrees that for
purposes of venue, this contract was entered into in Troup County,
Georgia, and any dispute will be litigated or arbitrated in Troup
County, Georgia. Please pay on time.
14. Sole Agreement
The agreement
contained in this "Website Design Contract" constitutes the sole
agreement between Dailey Web Design 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.
15. Initial Payment and Refund Policy
The total amount of this contract is $600
This agreement begins with an initial payment of $200. This
payment is
considered a non-refundable deposit. The reminder of the balance is
due when the contracted webpages have been created and posted.
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 Dailey Web Design (authorized signature)
_______________________________________ Date ________________
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