Our desire is to delight the client.
One way is to make clear our understandings with each other. These
are the terms of our agreement together:
1. Authorization. The
above-named client is engaging Akseez Design, a partnership, located
at 6805 Mira Ct, Sacramento, CA 95828, as an independent contractor
for the specific project of developing and/or improving a website
to be installed on a web hosting service's computer. The client hereby
authorizes Akseez Design to access this web hosting account, and
authorizes the web hosting service to provide Akseez Design with "write
permission" to any part of the hosting space. The client also
authorizes Akseez Design to publicize their completed website to
Web search engines, as well as other Web directories and indexes.
2. Sign Off Sheet. There
will be a "Website Progress Sign Off Sheet" that will work
in conjunction with this contract to gain agreement between Akseez
Design and the client of the completion for each of the three main
stages of the website creation process. The three stages are as follows:
Any requested changes beyond the individual sign off
dates will be billed at our hourly rate.
- General Design. The basic look and feel
of the clients website. This includes color scheme, navigation
buttons or menu, top-of-page graphic, etc.
- Site Organization. The structure or hierarchy
of the website. This includes the number of web pages and the
organization of those pages.
- Website Completion. The completion of
the work agreed upon in the "Official Website Quote" and
this Website Contract.
3. Standard Website Package
Elements. Akseez Design includes the following elements
in their Standard Website Packages:
- Consultation. Up to 2 hours total consultation
via phone, e-mail or in person. This may include marketing strategy,
Web design consultation, and helping clients learn to use the
client interface if applicable. Additional education and consultation
is at our hourly rate.
- Text. Main body text is to be supplied
in electronic format by the client. Up to 1 hour of typing or
formatting by Akseez Design is included. Additional typing or
formatting will be billed at our hourly rate.
- Custom Graphics Package. This includes
Any custom graphics that are not included in
the "Official Website Quote" will be billed at our
- Top-of-page graphic for all pages in your
- Navigation buttons.
- Colored or textured background.
- Lines and bullets.
- Photos and other misc. graphic images. Any
photos or images supplied by client will be scanned and formatted
(up to 20). Any scanning or formatting over 20 images will be
billed at our hourly rate.
- Hosting and Installation. Akseez Design
provides hosting services at the rate of $15.00 per month for
which there is no installation charge. Setup of a hosting account
with another hosting service will require a $50 installation
fee. If the client chooses to host with another service, that
hosting service must provide any services that your site requires
(PHP, MySQL, CGI, etc.).
- Minor updates and changes. There will
be no charge for minor updates to the existing website for websites
hosted with Akseez Design. If hosting is provided by another
service, minor updates will be included for six months from the
date of completion of the website. Minor updates are subject
to the limits outlined below. Additional changes billed at hourly
rate. For online stores, this includes only "regular" pages,
not product pages or the ordering system pages.
- Spelling corrections.
- Grammatical corrections.
- Updating links when notified by the client.
- Minor changes to a sentence or paragraph.
- Search Engine / Directory Listings. Once
the site goes live Akseez Design will submit it for listing on
Google, Alta Vista, and Netscape Directory. Directory listing
submission for Yahoo! costs an additional $350 annual reoccurring
fee because of our cost that is incurred by Yahoo!. With all
search engines and directories there is no guarantee that once
a website is submitted that it will be listed. Adding a listing
to a search engine or directory is at the complete discretion
of that search engine or directory.
- E-mail / Feedback form. A link to a form
that allows visitors to the website to submit feedback will be
placed on all pages. The information submitted to the form will
e-mailed to any e-mail address the client designates.
4. Hourly Rate. Changes
requested by the client beyond those limits will be billed at the
hourly rate of $__________. This rate shall also govern additional
work authorized beyond the maximums specified above for such services
as general Internet orientation education, marketing consulting,
website design, editing, modifying product pages and databases in
an online store, and art, photo and graphics services.
5. Completion Date. Akseez
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 _________________________.
If the client does not supply Akseez
Design with the complete text and graphics content required for the
website contracted within six weeks of the date this contract being
signed, an additional continuation fee of $15.00 per week will also
be assessed each week until all necessary content is received. This
fee is non-refundable.
6. Payment of Fees. Fees
to Akseez Design are due and payable on the following schedule: 25%
upon signing this contract, 75% when the website has been constructed
according to the client's original written specifications. Advertising
the pages to Web search engines occurs only after the final payment
is made. All payments will be made in US funds.
7. Assignment of Project. Akseez
Design reserves the right to assign subcontractors to this project
to insure the right fit for the job as well as on-time completion.
8. Legal Stuff. Akseez
Design does not warrant that the functions contained in the website
or the Internet website will meet the client's requirements or that
the operation of the website will be uninterrupted or error-free.
The entire risk as to the quality and performance of the website
is with client. In no event will Akseez 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 this website, even
if Akseez 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.
9. Copyrights and Trademarks. The
client represents to Akseez Design and unconditionally guarantees
that any elements of text, graphics, photos, designs, trademarks,
or other artwork furnished to Akseez Design for inclusion in the
website 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 Akseez Design and its subcontractors
from any claim or suit arising from the use of such elements furnished
by the client.
10. 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 Akseez Design and its subcontractors from any claim,
suit, penalty, tax, or tariff arising from the client's exercise
of Internet electronic commerce.
11. Copyright to Website. Copyright
to the finished assembled work of the website produced by Akseez
Design is owned by Akseez Design until final payment of this contract,
at which time copyright is transferred to the client. Copyrights
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. Akseez Design and its subcontractors
retain the right to display graphics and other web design elements
as examples of their work in their respective portfolios.
12. Payment of fees. In
order for Akseez Design to remain in business, payments must be made
promptly. Delinquent bills will be assessed a 1.5% per month charge
on any unpaid balance remaining after 30 days from due date. Akseez
Design reserves the right to remove the website from viewing on the
Internet until final payment is made. In case collection proves necessary,
the client agrees to pay all fees, including attorney fees, incurred
by that process. This agreement becomes effective only when signed
by Akseez Design. Regardless of the place of signing of this agreement,
the client agrees that for purposes of venue, this contract was entered
into in Sacramento County, California, and any dispute will be litigated
or arbitrated in Sacramento County, California. Please pay on time.
13. Sole Agreement. The
agreement contained in this "Website Design Contract" in
conjunction with the "Official Website Quote" and the "Website
Progress Sign Off Sheet" constitutes the sole agreement between
Akseez 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.
14. Initial Payment and Refund
The total amount of this contract
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 the Director of
Akseez Design, P.O. Box 292011, Sacramento, CA 95829, phone (916)
690-7022, 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 (authorized signature):
_______________________________________ Date ________________
On behalf of Akseez Design (authorized signature)
_______________________________________ Date ________________
Last updated June 28, 2002