|
|
Home  Resources Example of Website Contract Agreement
Resources
|
Example of Website Contract Agreement |
PDF |
| Print | |
E-mail |
Below is an example of website contract that we use. Please feel free to use it for you company at your own discresion.
CONTACT INFORMATION
Contact name:
Phone: Fax:
Company/client:
Address:
E-mail address:
WEB SITE INFORMATION
Present WWW URL (if any):
New domain name(s) requested (if applicable):
Other choices if first choice not available:
1. Definition of Terms.
YOUR COMPANY NAME, a sole proprietor business, located at YOUR COMPANY ADDRESS
Client:
ISP:
CONTRACT: This agreement and its attachments(s) as listed below.
ATTACHMENT(s): “Web Site Design Worksheet”
2. Authorization.
The above named CLIENT is engaging YOUR COMPANY NAME, as an independent contractor for the specific project of developing and/or improving a World Wide Web site to be installed on the CLIENT’S Web space located on an ISP’s computer. The CLIENT hereby authorizes YOUR COMPANY NAME to access this ISP account, and authorizes the ISP to provide YOUR COMPANY NAME with any necessary “write permission” for the CLIENT’s Web page directory, cgi-bin directory, and any other directories or programs that need t be accessed for this project. The CLIENT also authorizes YOUR COMPANY NAME to publicize its completed Web site to Web search engines, as well as other Web directories and indexes.
3. Warranties.
YOUR COMPANY NAME represents and warrants to the CLIENT that it has the experience and ability to perform the services required by this CONTRACT; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this CONTRACT; and that its performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. However, CLIENT will not determine or exercise control as to general procedures or formats necessary to have these services met CLIENT’s satisfaction.
The CLIENT represents and warrants to YOUR COMPANY NAME that it will provide CLIENTmaterials as required in a professional, competent, and timely manner; that it has the power to enter into this Agreement on behalf of CLIENT; and that its performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any federals, state and municipal laws.
4. Standard Web Site Products and Services
- The standard Web site development as defined through YOUR COMPANY NAME is as follows:
- Email/hone consultation. (Initial planning/development consultation is free)
- Up to two hours total general Internet orientation, education, marketing strategy, and Web design consultation. Telephone long-distance chares are in addition to rates quoted. Additional education and consultation is at our hourly rate of $_______.
- • Up to six Web pages–for example a home page, map and directions page, “About Us” page, “Contact Us” page, products page, and products detail page.
- Text. Final text shall be supplied by the CLIENT (250 words per Web page approximate maximum if not supplied via diskette.) Web pages with more than 1,500 words of text may be subject to additional fees for increased formatting time.)
- Links. Up to an average of 2.5 external links per page, and an e-mail response link on each Web page to any e-mail address the CLIENT designates.
- Custom graphics. Company logo or other top-of-page graphic, bullets, lines, colored or textured background as well as two photos or graphics per page is included. Beyond the two photos or graphics per page, an extra chare will apply for scanning services, photography, and graphic design and modification.
- Installation of Web pages on the CLIENT’s ISP host computer.
- A maximum of two revisions to the draft Web site will be included at no extra cost to create the look and feel that is desired. Further revisions will be billed at the normal hourly rate of $_______.
- Minor updates and changes to existing Web page for two weeks from completion of Web site (includes up to a half-hour per page total, subject to the limits outlined below.)
- Initial registration to the top ten search engines such as Altavista, Excite, Hot Bot, Google, and Yahoo. The top ten search engines used will be determined by YOUR COMPANY NAME. At no time does YOUR COMPANY NAME promise or imply that we guarantee CLIENT’s Web site a certain rating in the search engines.
- Domain name search and advice. If a domain name is needed for the Web site, M will suggest appropriate names and do a search to ascertain the availability of those names. The determination of a domain name’s availability through the domain name registration group “InterNic” does not guarantees it will still be available at the time of registration.
- Domain name registration or transfer. If needed YOUR COMPANY NAME will complete the necessary forms to register or transfer a domain with InterNic as selected by the CLIENT. Although YOUR COMPANY NAME will submit forms to register a requested domain name in a timely fashion, YOUR COMPANY NAME does not guarantee the availability of any domain name.
5. Fees.
YOUR COMPANY NAME will execute this Web site design as specified by the CLIENT requirements as terms of this CONTRACT and incorporated in their CONTRACT. Unless specified otherwise in the ATTACHMENT, this Web site includes up to six Web pages. In case the CLIENT desires additional standard Web pages beyond the original number of pages specified above, the CLIENT agrees to pay YOUR COMPANY NAME an additional $_______ for each additional Web page. Graphics or photos beyond the allowed average of two per Web page shall be billed at an additional $_______ each. Where custom graphic work (beyond the scope of the “custom Graphics” detailed abouve0 is requested, it will be billed at the hourly rate of $_______.
6. Maintenance.
This CONTRACT does not include our maintenance contract. Web page maintenance will be the responsibility of the CLIENT. If a maintenance service agreement is entered into between YOUR COMPANY NAME and the CLIENT, it will be contained within its own document and not connected to this CONTRACT. However, this CONTRACT does include minor modifications and corrections requested within a two-week period up to an average of one hour per page, including updating links and making minor charges to a sentence or paragraph. It does not include removing nearly all the test from a page and replacing it with new test. If the CLIENT or an agent other than YOUR COMPANY NAME attempts to update the CLIENT’s pages during this time, time to repair the Web pages will be assessed at the hourly rate of $________, and is not included as part of the modification time.
7. Payment.
All services agreed to in this CONTRACT, shall be sold for the price specified at the end of this document. Payment shall be by cash, check, or money order, in U.S. dollars, and made payable to “YOUR COMPANY NAME.”
8. Payment Terms.
Unless otherwise stated in the “Payment’ document attached to this agreement, the following standard terms apply. A minimum deposit of fifty percent (50%) of the design cost and the total amount of hosting is required to commence work. The site will then be put on-line on a draft directory of the CLIENT’s ISP or of YOUR COMPANY NAME for the CLIENT’s viewing. During this proofing stage, typographical errors, design changes, and other corrections will be made according to the instructions of the CLIENT. The quarterly Web hosting timeframe begins when the initial deposit is made and the draft site is put on-line. Payment for the site must be made in full before the site will be moved to the main directory of the CLIENT’s ISP. Marketing of the site in the top ten search engines and directories will occur only after the final payment is made.
9. Completion Date.
YOUR COMPANY NAME and the CLIENT must work together to complete the Web site in a timely manner. Much of this depends on receiving the appropriate images and text from the CLIENT per agreed upon timeline. We agree to work expeditiously to complete the Web site in a professional and timely fashion.
10. Assignment of Project.
YOUR COMPANY NAME reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion. YOUR COMPANY NAME will be responsible for the final results of the project.
11. Additional Expenses.
CLIENT agrees to reimburse YOUR COMPANY NAME for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, etc.
12. Additional Services.
Any revisions, additions or redesign CLIENT wishes YOUR COMPANY NAME to perform not specified in this document or past the timeline requirements shall be considered “additional” and will require a separate payment structure and Agreement.
13. Copyrights and Trademarks.
The CLIENT represents to YOUR COMPANY NAME and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to YOUR COMPANY NAME for inclusion in Web pages are owned by the CLIENT, or that the CLIENT ha permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend YOUR COMPANY NAME and its subcontractors from any claim or suit arising from the use of such elements furnished by the CLIENT.
14. Age.
CLIENT certifies that he or she is at least 18 years of age.
15. Limited Liability.
CLIENT hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web service. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or use, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.
CLIENT hereby agrees to indemnify and hold harmless YOUR COMPANY NAME from any claim resulting from CLIENT’s publication of material or use of those materials. CLIENT hereby agrees to indemnify and hold harmless YOUR COMPANY NAME in any claim resulting from the submission of illegal materials.
If YOUR COMPANY NAME shall acquire an internet Domain name on behalf of the CLIENT, then in such case CLIENT hereby waives any and all claims which it may have against YOUR COMPANY NAME, for any loss, damage, claim or expense arising out of or in relation to the registration of such domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain name from such directories or lists following the termination of the providing of this service by YOUR COMPANY NAME for any reason.
Under no circumstances, including negligence, shall YOUR COMPANY NAME, its offices, agents, or anyone else involved in creating, producing, or distributing its services, be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use YOUR COMPANY NAME’s services; or that results from mistakes, omissions, interruptions, deletion, or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to YOUR COMPANY NAME’s records programs, or services. CLIENT maintains sole responsibility for data backups and restoration. CLIENT hereby acknowledges that this paragraph shall apply to all content on YOUR COMPANY NAME’s services.
Notwithstanding the above, CLIENT’s exclusive remedies for all damages, losses, and causes of actions whether in CONTRACT, tort including negligence, or otherwise, shall not exceed the aggregate dollar amount that CLIENT paid during the term of this CONTRACT and any reasonable attorney’s fee and court costs.
16. Indemnification.
CLIENT agrees that it shall defend, indemnify, save and hold YOUR COMPANY NAME harmless from any and all deaminds, liabilities, losses, costs, and claims, including reasonable attorney’s fees, (“Liabilities”) asserted against YOUR COMPANY NAME, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by CLIENT, it’s agents, employee, or assigns. CLIENT agrees to defend, indemnify and hold harmless YOUR COMPANY NAME against Liabilities arising out of any injury to person or property caused by any products or ervices sold or otherwise distributed in connection with YOUR COMPANY NAME’s service, any material supplied by CLIENT infringing on the proprietary rights of a third party, copyright infringement, and any defective product which CLIENT has sold from the Web site YOUR COMPANY NAME has designed.
17. Laws Affecting 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 YOUR COMPANY NAME and it’s subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT’s use of Internet electronic commerce.
18. Copyright to Web Pages.
Copyright to the finished, assembled work of Web pages produced by YOUR COMPANY NAME is owned by YOUR COMPANY NAME. Upon final payment of this CONTRACT, the CLIENT is assigned rights to use as a Web site the design, graphics, and text contained in the finished, assembled. Web site. 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. YOUR COMPANY NAME and its subcontractors retain the right to display graphics and other Web design elements as examples of heir work in their respective portfolios.
19. Authorship Credit.
CLIENT may select that YOUR COMPANY NAME includes a byline and link on the bottom of their Web page establishing authorship credit. This byline is upon agreement by both CLIENT and YOUR COMPANY NAME and must be removed at any time upon written request by YOUR COMPANY NAME.
20. Non-Disclosure.
YOUR COMPANY NAME, its employees, and subcontractors agree that, except as directed by CLIENT, it will not at any time during or after the term of this CONTRACT disclose any Confidential Information to any person whatsoever.
21. Cancellation.
In the vent that work is postponed or canceled at the request of the CLIENT by registered letter, YOUR COMPANY NAME shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this CONTRACT. If additional payment is due, this shall be payable within thirty days of the CLIENT’s notification to stop work. In the event of cancellation, the CLIENT shall also pay any expenses incurred by YOUR COMPANY NAME and YOUR COMPANY NAME shall own all rights to the Work. The CLIENT shall assume responsibility for all collection of legal fees necessitated by default in payment.
22. Refund Policy.
If the CLIENT applies by a registered letter for a refund within fifteen (150 days of signing this CONTRACT, work already completed shall be billed at the hourly rate of $_______ and deducted from the initial payment. If th work that has been completed is beyond the amount covered in the initial payment, the CLIENT shall be liable to pay for all work completed at the hourly rate of $_______.
23. Arbitration.
Any disputes in excess of $_________ or the maximum limit for small claims court) arising out of this CONTRACT shall be submitted to binding arbitration before the joint Ethics committee or a mutually agreed-upon Arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The CLIENT shall pay all arbitration and court costs, reasonable attorney’s fees and legal interest on any award or judgment in favor of YOUR COMPANY NAME.
24. Payment Schedule
$XXX Total cost for complete Web design and production project
$XXX Total deposit due upon signing of contract (30% of total)
$XXX Alpha version released (40% of total)
$XXX Final beta version, complete and ready to launch (30% of total; balance due and payable upon completion of Web site)
25. Payment of Fees.
In order for YOUR COMPANY NAME to remain in business, payments must be made promptly. Invoices are due upon receipt. Delinquent bills will be assessed a $________ 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 10% penalty will be added for each month of delinquency. YOUR COMPANY NAME 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 CONTRACT becomes effective only when signed by YOUR COMPANY NAME. Regardless of the place of signing of this CONTRACT, the CLIENT agrees that for purposes of venue, this CONTRACT was entered into in Nevada county, California, and any dispute will be litigated or arbitrated in Nevada Country, California. Please pay on time or earlier.
On behalf of the CLIENT:
_______________________________________________________ DATE _____________
(Title)
On behalf of YOUR COMPANY NAME:
_______________________________________________________ DATE _____________
(Title)
|
|
|