Contract Sample

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Once Provider and Customer have agreed on the basic elements of the web site, Customer will be sent a completed contract to be signed and returned to Provider. The following is a Sample of the type of contract that will be used. Some areas of this contract may be altered for specific client and web site development.

WEB SITE DESIGN CONTRACT

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THIS WEB SITE DESIGN CONTRACT is made as of the _______ day of _________________________, 20____ by and between Aletia Stewart, EWEBGEAR.COM ("Provider”), and ____________________, ("Customer").

1. Authorization. The above-named Customer is engaging Aletia Stewart, EWEBGEAR.COM, a freelance web designer, located in Corpus Christi, TX. as an independent contractor for the specific project of developing and/or improving a World Wide Web Site to be installed on the Customer's web space on a web host server. The Customer hereby authorizes Aletia Stewart, EWEBGEAR.COM to gain access this account, and authorizes the web host service to provide Aletia Stewart, EWEBGEAR.COM with "write permission" for the customer's web page directory, CGI-bin directory, and any other directories or programs which need to be accessed for this project. The customer also authorizes Provider to publicize their completed web site to Web search engines, as well as other Web directories and indexes.

2. Technical support. 30 days FREE technical support effective from the day of completion. The 30 days Free technical supports does not cover hosting/email issues with the hosting/email company, and covers only 1/4 of the content (see below #4). Thereafter, technical support, updates, changes, and maintenance are billed at the regular hourly rate of $25.00 per hour, minimum two hours.

3. Web site Content. The content of the web pages will be supplied by the Customer and executed as specified by the Customer in the "Web site Planning Questionnaire.” This web site is to include _______ web pages. The Customer agrees to pay Aletia Stewart the sum of $ ____ for the initial web design and implementation and $25 for each additional web page thereafter, plus a varied fee depending on page content, per new web page created or for the complete redesign of an existing web page. Accuracy of content supplied by customer, is the sole responsibility of the customer, unless otherwise specified.

4. Maintenance and Hourly Rate. This agreement includes 30-day free technical support (see above #2), including updating links and making minor changes, such as text or photo replacement not to exceed ¼ of the text, and no more than half the photos per page. The updating and/or support must not exceed more than two hours. If the Customer or an agent other than Aletia Stewart, EWEBGEAR.COM attempts updating the Customer's site, time to repair the site will be assessed at the hourly rate, and is not included as part of the free technical support. The 30-day technical support period begins on the date the site is completed and ready for uploading to the web host's servers.

Changes requested by the Customer beyond the scope of the 30-day technical support period will be billed at the hourly rate of $25.00 per hour minimum two hours.

Customer may purchase a Site Maintenance Plan ("Plan") from Provider. The cost for the Plan payable semi-annually at the rate of $1380.00 payment in advance. The Semi-Annual Plan includes ten hours of web site maintenance and support per month, and when subscribed to the Plan you may purchase additional hours at $20.00 per hour vs. our regular hourly maintenance fee of $25.00 per hour, minimum two hours. The Plan includes basic maintenance, text changes, graphic edits, uploading of edited pages to your server and technical support. The Plan requires you to commit to a six months at this price. Any hours that are not used within the monthly period does not roll over to the next month. Also, please note that the Semi-Annual Plan does not include design of additional pages for your site and only covers existing pages within your web site.

Customer may purchase a Site Maintenance Plan ("Plan") from Provider. The cost for the Plan is payable annually at the rate of $2520.00 payment in advance. The Annual Plan includes ten hours of web site maintenance and support per month, and when subscribed to the Plan you may purchase additional hours at $18.00 per hour vs. our regular hourly maintenance fee of $25.00 per hour, minimum two hours. The Plan includes basic maintenance, text changes, graphic edits, uploading of edited pages to your server and technical support. The Plan requires you to commit to a six months at this price. Any hours that are not used within the monthly period does not roll over to the next month. Also, please note that the Annual Plan does not include design of additional pages for your site and only covers existing pages within your web site.

5. Changes to Submitted Text. Please send us your final text. Time required to make substantive changes to customer-submitted text after the web pages have been constructed will be additional, billed at the hourly rate.

6. Web Domain & Hosting. The Customer understands that any web hosting services require a separate contract with a web hosting/domain service. The Customer agrees to select a web hosting service, which allows Aletia Stewart, EWEBGEAR.COM full access to the web site and a CGI-bin directory via FTP. The Customers further understands that if the web hosting service's operating system is not compatible with the requested scripts, such as standard CGI, Java, etc. the web site may not work and redesigning the site may incur additional charges. If Customer does not already have a domain name and/or web hosting service, eWebGear, at customers request will help in setting up a domain & hosting services with eWebGear affiliate company. If customer chooses to use eWebGear affiliate company for domain and hosting service there is no fee for setup. If customer chooses an non affiliated company there will be a fee for web hosting set-up of $20.00 and domain name registration fee of $10.00, these fees are in addition to the hosting and domain fees from the selected web host company. These setup/registration fees will be included in the cost of the web site if such service is requested. The customer must provide a valid credit/debit bank card for all web hosting & domain name purchases. Web Hosting & domain cost will be paid directly to the web hosting /domain company by the customer.

7. Completion Date. Provider and Customer must work together to complete the web site in a timely manner. We agree to work expeditiously to complete the web site no later than _____________________________. If the Customer does not supply the Provider complete text and graphics content all web pages contracted for within four weeks of the date this contract was signed, the entire amount of the contract becomes due and payable. The Completion date maybe changed per request of the Provider and Customer no more than one week before or after the original completion date. If the Customer cannot or will not provide content in a timely manner, resulting in the completion date becoming invalid all contracts become invalid and a new contract must be signed. Provider will not supply nor complete any web site on an outdated contract.

8. Payment of Fees. Fees to Aletia Stewart, EWEBGEAR.COM are due and payable on the following schedule: 50% on signing this contract, 50% when the web pages have been constructed according to the Customer's original written specifications (from the Web site Planning Questionnaire). If the total amount of this contract is less than $500.00, 75% shall be due on signing this contract, 25% when the web pages have been constructed. In the event the Customer has not secured Web space on a web host server by the time the web pages are completed, the web pages may be delivered to the Customer on Compact Disk. All payments shall be made in US funds by cashiers check, money orders, Payable to Aletia Stewart.

8. Assignment of Project. Aletia Stewart, EWEBGEAR.COM reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

9. Disclaimer. Aletia Stewart, EWEBGEAR.COM does not warrant that the functions contained in the web pages or that Internet web site will meet the Customer's requirements or that the operation of the web pages will be uninterrupted or error-free. In no event will Aletia Stewart, EWEBGEAR or subcontractors be liable to the Customer 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 web site.

10. Copyrights and Trademarks. The Customer represents to Provider and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Provider for inclusion in web pages are owned by the Customer, or that the Customer has the permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Aletia Stewart, EWEBGEAR.COM and its subcontractors from any claim or suit arising from the use of such elements furnished by the Customer.

11. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Customer agrees that the Customer is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend said Provider and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Customer's exercise of Internet electronic commerce.

12. Copyright to Web pages. Aletia Stewart, EWEBGEAR.COM, owns copyright to the finished assembled work of web pages produced by Provider. On final payment of this contract, the Customer 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 Customer, and remain the property of their respective owners. Aletia Stewart, EWEBGEAR.COM, and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. Each page of the web site will include in small print at the bottom of the pages, and shall not be removed, a copyright notice and a link which reads "Web site designed by Aletia Stewart, EWEBGEAR.COM."

13. Payment of fees. Fees for services are stated above. Delinquent bills will be assessed a $25 charge if payment is not received within ten 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. Aletia Stewart, EWEBGEAR.COM reserves the right to remove web pages from viewing on the Internet until final payment is made. In the event collection proves necessary, the Customer agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by Aletia Stewart, EWEBGEAR.COM. Regardless of the place of signing of this agreement, the Customer agrees that for purposes of venue, this contract was entered in Nueces County, Texas, and any dispute will be litigated or arbitrated in Nueces County, Texas.

14. General Provisions.

a. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed void from this agreement and shall not affect the validity and enforceability of any remaining provisions.

b. This agreement shall be governed and interpreted in accordance with and governed by the laws of the State of Texas and the United State of America. By signing this contract, you agree that all matters relating to this contract or services provided by Aletia Stewart, the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof, should govern EWEBGEAR.COM. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the District Court of the State of Texas, County of Nueces, or the United States District Court for the Southern District of Texas with respect to such matters.

15. Sole Agreement. The agreement contained in this "Web site Design Contract" constitutes the sole agreement between Aletia Stewart, EWEBGEAR.COM and the Customer regarding this web site. 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 30 days after both parties sign this contract. Each party to this Agreement acknowledges that any party, or anyone acting for any parties, which are not embodied here in, verbally or otherwise, has made no representations, inducements, promises, or agreements, and that no other agreement, statement, or promise not contained in this agreement shall be valid or binding.

The undersigned agrees to the terms of this agreement for his or her organization or business.

For the Customer (authorized signature):

______________________________________ Date _______________

For Aletia Stewart, EWEBGEAR.COM (authorized signature):

______________________________________ Date _______________

Sample Contract

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