WBCS Web Design
Web
Site Design and Maintenance Agreement
1. Authorization. The client is engaging WBCS Web Design Web Design, a sole proprietor, located at 17320 Jefferson Street; Omaha, Nebraska 68135-3242, as an independent contractor for the specific project of design, development and/or re-design of a World Wide Web site to be installed on the client's web space on a Website Host Provider's computer. The client hereby authorizes WBCS Web Design to access this account, and authorizes the Website Host Provider to provide WBCS Web Design 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 WBCS Web Design to publicize their completed Website to Web search engines, as well as other Web directories and indexes. The client further authorizes WBCS Web Design to place a statement as to “web design and maintenance by WBCS Web Design” and provide a hyperlink to the WBCS Web Design website in that statement.
2. Standard Web Site Package Elements. WBCS Web Design includes the following elements in their Standard Website packages:
· Words of text supplied by the client (100 words per page approximate maximum if not supplied via diskette. Web pages of more than 100 words of text may be subject to additional fees, especially if they require a great deal of formatting.)
· Graphics Package. Masthead graphic on first page (simple graphic incorporating company logo). Top-of-page graphic for all other pages in your Website. Photos and other misc. graphic images supplied by the client (up to an average of 1.5 included per page in standard Websites, in addition to masthead and top-of-page graphic. Color originals larger than 5" x 8" are extra).
· Installation of Web pages on the client's web site host provider’s server/computer. Minor updates and changes to existing Web pages for six months. (Includes up to one hour per page total, subject to the limits outlined below. Additional changes billed at hourly rate.)
· Site publicity to top 10 search engines/directories.
· E-mail response link on each Web page to any e-mail address the client designates.
· Setup of up to 3 Auto-responders.
·
Setup of up to 3 Email Aliases.
3. 3. Standard Web page packages only. The client will supply the content of the Web pages. Notwithstanding any prices listed in literature or on Web pages, the client and WBCS Web Design agree that the services described in this contract shall be completed for $__________________ which shall include up to ______ Web pages 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. Product Web pages, products, or photos added after the site is ready for advertising to the Web search engines will be calculated for actual time spent at the hourly rate of $75.00. In case the client desires additional standard Web pages beyond the original number of pages specified above, the client agrees to pay WBCS Web Design $75.00 per hour for design and development of additional Web pages.
4. 4. Special Instructions. The space below describes any changes the client desires from the services outlined above:
· Extra form $_______
· Animated GIFs $_______
· Banner $_______
· Other: describe _____________$_______
5. Maintenance and Hourly Rate. This agreement includes Web page maintenance to regular Web pages over a six-month period of one hour per month, including updating links and making minor changes to a sentence or paragraph. If the client or an agent other than WBCS Web Design 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 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 $75.00. This rate shall also govern additional work authorized beyond the maximums specified above for such services as marketing consulting, Web page design, editing, modifying product pages and databases in an on-line store, and art, photo, and graphics services.
6. 6. Changes to Submitted Text. Please send us your final text. Time required to make substantive changes to the client submitted text after the Web pages have been constructed will be additional, billed at the hourly rate.
7. Web Site Host Service Provider. The client understands that any Website Host Service Provider (Host) services require a separate contract with the Host of the client's choice. The client agrees to select a Host, which allows WBCS Web Design full access to the Web site and a CGI-bin directory via FTP and telnet. The client further understands that the Host must be able to provide MS FrontPage extensions in order for the client’s website to be uploaded and function properly.
8. Completion Date. WBCS 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 no later than _________________. To avoid additional fees the client must supply WBCS Web Design the complete text and graphics content for the Website within __________.
9. Payment of Fees. Fees to WBCS Web Design are due and payable on the following schedule: 1/3 upon signing this contract, 1/3 when the Web pages have been constructed according to the client's original written specifications and 1/3 due prior to hand-off or uploading of site to Web Host server. If the total amount of this contract is less than $500, the total amount shall be paid upon signing this contract. In case the client has not secured Web space on a Website Host Service Provider computer by the time the Web pages are completed, the Web pages may be delivered to the client on a zip disk. All payments will be made in US funds. If the client does not supply WBCS Web Design complete text and graphics content all Web pages contracted for within _______ 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.
10. Assignment of Project. WBCS 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.
11. Representations and Warranties. WBCS Web Design 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 the client. In no event will WBCS 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 Web pages or Website, even if WBCS Web Design has been advised of the possibility of such damages.
12. Copyrights and Trademarks. The client represents to WBCS Web Design and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to WBCS Web Design 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 WBCS Web Design and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
13. 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 WBCS Web Design and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
14. Copyrights to Web Pages. Copyright to the finished assembled work of Web pages produced by WBCS Web Design is owned by WBCS 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. WBCS 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.
15. Payment of fees. 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. WBCS Web Design 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 WBCS 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 Dallas, California, and any dispute will be litigated or arbitrated in Dallas County, Iowa. Please pay on time.
16. Sole Agreement. The agreement contained in this "Web Page Design and Maintenance Agreement" constitutes the sole agreement between WBCS 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.
17.
Initial Payment and Refund Policy. This agreement begins with
an initial payment of $_____________. If the client halts work and applies for a refund within 30 days, to WBCS Web Design,
17320 Jefferson Street; Omaha, NE 68135-3242 (402) 991-2978 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.
The undersigned agrees to the terms of this agreement on behalf of his or her
organization or business.
On behalf of the client:
_______________________________________
Date ________________
On behalf of WBCS Web Design:
_______________________________________ Date ________________
Pam Weekley, President