Client Information:
[Client Name]
1. Authorization.
The above-named Client (hereinafter referred to as "Client") is engaging
6 and 28 Design as an independent contractor for the specific purpose of designing
a World Wide Web site, herein after referred to as "Web Design Project",
to be published on the Client's account on an Internet Service Provider (ISP)/Web
Presence Provider (WPP) computer, herein after refer to as "Hosting Service",
or provided on diskette at the Client's option. The Client hereby authorizes
6 and 28 Design to access this account, and authorizes the Hosting Service to
provide 6 and 28 Design and its designer, Heather Hopkins, with "full access"
to the Client's account, and any other programs needed for this Web Design Project
that are included as part of the Client's service agreement. The Client also
authorizes 6 and 28 Design to submit the completed Web Design Project to major
Web Search Engines.
2. Development.
This Web Design Project will be developed using Macromedia® Dreamweaver.
Compatibility - Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. 6 and 28 Design represents and warrants that the web site we design for you will work in:
While 6 and 28 Design will make reasonable efforts to design a fully-functional
web site, 6 and 28 Design's warranty does not cover AOL, text-based browsers
or requested special effects that we have advised you against.
For People with Disabilities – 6 and 28 Design' standard is to meet at least half the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.
3. Assignment of Web Design Project.
6 and 28 Design reserves the right, and you hereby agree, to assign subcontractors
to this Web Design Project to insure that the terms of this agreement are met
as well as on-time completion.
4. Copyrights and Trademarks.
The Client unconditionally guarantees that any elements of text, graphics, photos,
designs, trademarks, or other artwork furnished to Heather Hopkins and/or 6
and 28 Design for inclusion in the Web Design Project 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, indemnify and defend Heather Hopkins
t and 6 and 28 Design and its subcontractors from any liability (including attorney's
fees and court costs), including any claim or suit, threatened or actual, arising
from the use of such elements furnished by the Client.
5. Web Site Maintenance.
This agreement allows for minor web site maintenance to pages for the lifetime
of your web site at no charge, up to an average of one half hour per regular
web page, including updating links and making minor changes to a sentence or
paragraph. It does not include replacing nearly all the text from a page with
new text, major page reconstruction, new pages, guestbooks, discussion webs,
navigation structure changes, attempted updates by Client repairs or Web Design
Projects delivered to Client via diskette, U.S. mail and e-mail. The period
begins on the date the Client's web site is available to be published to the
Client's hosting service. Major page code and/or graphics changes and additions
will be charged at the $50.00 per hour rate.
6. Completion Date.
6 and 28 Design and the Client must work together to complete the Web Design
Project in a timely manner. We agree to work expeditiously to complete the Web
Design Project no later than 30 days after Client has submitted all necessary
materials. If the Client does not supply 6 and 28 Design with complete
text and graphics content for this Web Design Project within 45 days of the
effective date of this agreement, the entire deposit amount of the agreement
shall be retained by 6 and 28 Design as liquidated damages and the contract
shall become null and void, at 6 and 28 Design' option, unless the Web
Design Project is canceled in writing by the Client prior to 45 days of the
effective date of the agreement.
7. Project Delivery.
The final web site design project will be published to the Client's hosting
service upon receipt of final payment or delivered via diskette upon the receipt
of full payment. The Client understands that 6 and 28 Design is not responisible
for hosting services that are not purchased through 6 and 28 design. If using
hosting services outside of 6 and 28 Design, the Client agrees to select a hosting
service which allows 6 and 28 Design full access to the Client's account via
FTP (File Transfer Protocol). The Client will be solely responsible for any
and all hosting service charges.
8. Electronic Commerce Laws.
The Client agrees that the Client is solely responsible for complying with any
laws, taxes, and tariffs applicable in any way to the Web Design Project or
any other services contemplated herein, and will hold harmless, protect, and
defend Heather Hopkins and 6 and 28 Design and its subcontractors from any claim,
suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise
of Internet electronic commerce and/or any failure to comply with any such laws,
taxes, and tariffs.
9. Web Design Project Copyright.
Copyright to the finished web design site produced by 6 and 28 Design will
be owned by Heather Hopkins and/or 6 and 28 Design. The Client will be
assigned rights to use the Web Design Project as a web site, once final payment
under this agreement and any additional charges incurred have been paid. Rights
to photos, graphics, source code, work-up files, and computer programs specifically
are not transferred to the Client, and remain the property of their respective
owners. 6 and 28 Design and its subcontractors retain the right to display
graphics and other Web Design elements as examples of their work in their respective
portfolios. All Web Design Projects will contain a copyright/legal statement
with a link to 6 and 28 Design' Design Services Web Site.
10. Payments.
Payments must be made promptly based on the terms of this Web Site Design Project.
6 and 28 Design reserves the right to remove any Web Design Project from viewing
on the Internet until final payment is made. All payments are to be made within
30 days after completion and approval of the Web Design Project by the Client.
In case collection proves necessary, the Client agrees to pay all fees (including
all attorney's fees and court costs) incurred by that process. This agreement
becomes effective only when signed by 6 and 28 Design. Regardless of the place
of signing of this agreement, the Client agrees that for purposes of venue,
this agreement was entered into Richmond County, Georgia, and any dispute will
be litigated or arbitrated in Richmond County, Georgia and the Client hereby
consents to the personal jurisdiction of the Georgia State Courts. Furthermore,
the Client waives any right to or claim of sovereign immunity. Adding of Meta
Tags (Description and Keywords) and the submission of the Web Design Project
to Web search engines and updating occur only after the full final payment is
made. All payments will be made in U.S. Dollars.
11. Payment Schedule.
Payment for services provided hereby shall be made in accordance with the conditions
contained in this contract and the Package Price, attached hereto and made a
part of this agreement hereof. Notwithstanding any prices listed in literature
or on Web pages, the Client and 6 and 28 Design agree that the services
described in this contract, and the Package Price, shall be completed for $________.
The Client agrees to pay to 6 and 28 Design an initial, non-refundable
deposit of $________ (normally, 50% of the estimated total cost) upon execution
of this agreement. Final payment is due within 30 days prior to publication
and/or delivery of the Web Site Design Project. All amounts must be in U.S.
Dollars.
12. Legal Notice.
Notwithstanding anything to the contrary contained in this contract, neither
6 and 28 Design nor any of its employees or agents, warrants that the functions
contained in the Web Design Project will be uninterrupted or error-free. The
entire risk as to the quality and performance of the Web Design Project is with
the Client. In no event will Heather Hopkins and/or 6 and 28 Design be
liable to the Client or any third party for any damages, including, but not
limited to, service interruptions caused by Acts of God, the Hosting Service
or any other circumstances beyond our reasonable control, any lost profits,
lost savings or other incidental, consequential, punitive, or special damages
arising out of the operation of or inability to operate this Web Design Project,
failure of any service provider, of any telecommunications carrier, of the Internet
backbone, of any Internet servers, your or your site visitor's computer or Internet
software, even if 6 and 28 Design has been advised of the possibility of
such damages.
13. This Agreement.
This agreement constitutes the sole agreement between 6 and 28 Design and the
Client regarding this Web Design Project. Any additional work not specified
in this contract or any other amendment or modification to this contract must
be authorized by a written request signed by both Client and 6 and 28 Design.
All prices specified in this contract will be honored for 6 months after both
parties sign this contract. Continued services after that time will require
a new agreement.
The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
AGREED TO:
Client
(Sign) By_____________________________________ Date ________________
(Print) Name:
Title:
Address:
Phone:
E-mail:
6 and 28 Design
By__________________________________________ Date ________________
Heather Hopkins
Authorized Representative