sample contract

 

 

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:

  • 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.
Any requested changes beyond the individual sign off dates will be billed at our hourly rate.

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 the following:
    • Top-of-page graphic for all pages in your website.
    • Navigation buttons.
    • Colored or textured background.
    • Lines and bullets.
    Any custom graphics that are not included in the "Official Website Quote" will be billed at our hourly rate.
  • 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 Policy.

The total amount of this contract is $______________

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
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