Hereafter, the Client listed in the contract will be known as the “Client”. The above-named Client is engaging The Campany, hereafter known as “The Campany,” for the specific project of developing and/or improving a World Wide Website.
This Contract includes the terms and project scope outlined in the Proposal, Web Hosting Terms (if selected),
The Client will use The Campany to host their website or will establish a separate contract with an Internet Service Provider (ISP) or web hosting company for hosting. If Client chooses to use a third party hosting company for their website, The Campany will coordinate redirecting the address to the other host if needed. Client is responsible for domain renewal and payment at all times.
The Client hereby authorizes The Campany to access the third party web hosting account, and authorizes the Host Provider to provide The Campany with needed permissions to test and push site live. Should it take more than 1 hour to push the site live with the third party hosting account, an additional fee of $125 an hour will incur. The Client further understands that if the third party web hosting service’s operating system is not compatible, then additional charges may incur. The Client also authorizes The Campany to publicize their completed website to Web search engines, as well as other Web directories and indexes.
The Campany includes the following elements for the Client as described in the proposal. Additional work request(s) outside of Addendum A will incur additional cost that must be agreed upon by both parties in writing prior to beginning.
This agreement contemplates the possibility of an e-commerce enabled site. If the Client selects an e-commerce enabled site, the Client is encouraged to obtain a secure certificate for online transactions. The Campany will obtain a secure certificate on the Client’s behalf at Client’s request. Any additional charges necessary to secure the certificate are not covered by this agreement unless otherwise outlined.
If the Client’s web site requires the ability to accept credit cards, the Client will need a Merchant Account. The Client understands that any charges necessary to secure the Merchant Account are not covered by this agreement. The Campany will supply recommendations upon the Client’s request.
Our agreement contemplates the creation of a web site viewable by Microsoft Internet Explorer 11, Microsoft Edge, Mozilla Firefox 40+, Safari 8+, Latest version of Chrome, iOS 8.x, and Android 5.x. Compatibility is defined herein as all critical elements of each page being viewable and functioning in listed browsers. Client is aware that some advanced techniques on the Internet, however, may require a more recent browser version and brand or plug-in. Client is also aware that as new browser versions of browsers are developed, the new browser versions may not be backward compatible. In the absence of a Maintenance Agreement, time spent to redesign a site for compatibility due to the introduction of a new browser version will be separately negotiated and in addition to the base price of our agreement.
The Campany hereby set’s its hourly rate at $125.00 per hour with a 15 minute minimum. Any work that has fees associated to it will be approved by client in writing prior to initiation.
Within the first 60 days of the website completion, minor webpage maintenance to regular webpage’s (not store product pages), including updating links and making minor changes to a sentence or paragraph are included at no cost. This does not include removing nearly all the text from a page and replacing it with new text or redesign of site.
Some Clients will desire to independently edit or update their web pages after completion of the site as a way to control costs and avoid the expense of a Maintenance Agreement. This is always an option for Clients of The Campany. A Control Panel with a Website Editor is included in specific hosting plans through The Campany.
Note however, that if this option is selected and the Client or an agent of the Client other than The Campany attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at our hourly rate. In this regard, Clients are encouraged to obtain a Maintenance Agreement.
Changes requested by the Client beyond those limits will be billed at the hourly rate of $125. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, webpage design, editing, modifying product pages and databases in an online store, and art, photo, graphics services, and helping Clients learn how to use their own webpage editor. CGI programming charges (if any) are not included in this rate.
Please send us your final text and images once you complete the Questionnaire. The estimated completion date is based upon receipt of the survey within 4 business days and the content within 8 business days. Any delay will push the completion date out.
Time required by The Campany to make substantive changes to Client-submitted text (such as editing or rewriting) will be billed at the hourly rate and will be agreed upon by both parties in writing prior to starting.
Purchase of images and any other third party material that requires additional cost will be agreed upon in writing by both parties prior to purchase.
The Campany and the Client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website as quickly as possible. A date will be determined after the introduction packet is completed. If there are delays by the Client or extensive modifications, this date will be pushed out accordingly.
If the Client does not supply The Campany complete text, graphics and content for all webpage’s contracted for, within six weeks of the date this contract was signed, the entire amount of the contract becomes due and payable and any and all guarantees are waived.
Fees to The Campany are due and payable based upon the terms outlined in the proposal. Once the deposit is received by The Campany, basic site prototype design concepts will be put online or emailed for the Client’s viewing and approval, if not already done.
During the design process (where the website look and feel is placed together), if the client is not satisfied with the work provided by The Campany, the client can receive a full refund, plus an additional 10% (calculated based upon deposit), ensuring that they are 100% satisfied with our design creation. Request must be made before any programming or HTML (breaking the design into an actual website) occurs. Programming and HTML of the site only takes place once the client gives approval of the design. In the case of custom programming, prototypes will be shown prior to actual coding. The client is responsible to give quality feedback within 10 calendar days upon each mockup or modification provided to the client; otherwise this guarantee is immediately voided entirely. Comments must be made via email, if client chooses another method than this guarantee is voided entirely. Upon receipt of feedback by client to The Campany, within 1 business day response verification by the project lead will be sent to the client. If the client fails to receive such verification, it is their responsibility to contact The Campany within 1 business day and request the verification be resent for their proof.
This guarantee is unique and provided to ensure the Client’s satisfaction. The only catch to the guarantee is that The Campany will retain copyright ownership of the design created. This means that the design and/or its creative direction cannot be used by the Client. In addition, The Campany has the right to resell the design without restrictions, including anyone within your local market.
This guarantee covers design work and prototype of custom work only. Custom programming charges and video work, including walk on videos, are non-refundable.
Communication between The Campany and the Client is crucial during the design phase to ensure that the design will match the Client’s taste and desires visually.
Upon completion of this stage, the Client will be asked to confirm acceptance for the basic site design via e-mail or by signing a printed copy of the design. Once this acceptance is received from the Client; the work necessary to complete the project will begin.
Clients should continue, however, to continually view updates to the site and express their preferences or dislikes to The Campany. Upon completion of the web site, an e-mail or letter and invoice will be sent to the Client advising the Client that the work has been completed. Final payment of the remaining balance plus any additional charges incurred will be due within fifteen (15) business days after delivery of the website along with letter and invoice, unless payment plan terms are attached to this contract.
Any default on payments, including early termination outside of the “110% Satisfaction Guaranteed Terms,” remaining balance will be due within 24-hours of termination.
If the total amount of this contract is $600 or less, the total amount shall be paid upon signing this contract.
In case the Client has not secured Web space on a web hosting service by the time the webpage’s are completed, the webpage’s may be delivered to the Client on diskette or attached to an e-mail message. Advertising the pages to Web search engines and updating occur only after the final payment is made. All payments will be made in US funds.
The Campany reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion. Any charges for subcontractor work will be included in this agreement.
Webpage’s will be hosted on a third party’s server that is not under the control of The Campany, therefore, The Campany does not warrant that the functions contained in these webpage’s or the Internet website, that the operation of the webpage’s will be uninterrupted or error-free due to server issues. The entire risk as to the quality and performance of the webpage’s and website is with Client. In no event will The Campany 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 these webpage’s or website, even if The Campany has been advised of the possibility of such damages.
The Campany guarantees the functionality of the site at time of completion on The Campany testing servers and upon launch of the site on the internet. The Campany will work with the hosting provider to ensure that the site functions properly at time of placing the site on the server. The Campany will repair, correct, or replace any files or code that stops functioning only when the issue is with the code written by The Campany in a timely manner. At no time will the Client or The Campany incur any costs from the other due to performance issues of the site. Websites with advanced technology or databases hosted on a third party site will have additional costs associated to them for setup.
Client agrees that it shall defend, indemnify, save and hold The Campany harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with The Campany’ s development of the Client’s web site. This includes Liabilities asserted against The Campany, its subcontractors, its 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 the Client, its agents, employee or assigns.
Client also agrees to defend, indemnify and hold harmless The Campany against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
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.
The Client represents to The Campany and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to The Campany for inclusion in webpage’s 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 The Campany and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
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 The Campany and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet electronic commerce.
Copyright to the finished assembled work of web pages produced by The Campany and graphics shall be vested with the Client upon final payment for the project, including any interest. This ownership is to include, design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of the Client for completion of this project. All materials developed under this contract and intended for publication to the web remain the property of The Campany until such time as final payment for the work described herein has been tendered by Client. At this time, all materials become the property of the Client and may be used by them, as desired. Client agrees that The Campany may put a byline on the bottom of their web pages establishing design and development credit. The Campany and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
Images provided to the client are purchased rights through Shutterstock.com or other 3rd part image vendors. The rights allow for the client to use the image solely on their website, in a 72DPI format. Additional use of these images is not granted to the client. If additional use of the images is required, such rights must be purchased from the stock photo vendor for legal use. Any change in 3rd party terms by the vendor must be abided by the client.
Payments must be made promptly. Delinquent bills will be assessed a 10% charge if payment is not received within 15 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. The Campany reserves the right to remove webpage’s 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. Please pay on time. Most frequently, problems making payment timely are the result of poor communication channels in a company’s Accounting Department. If a payment delay is anticipated, please contact The Campany to discuss potential problems in advance. If problems are anticipated, we may be able to accommodate an alternate arrangement.
Unless identified within the contract, all projects are to be completed within 90 days of commencement. If the project is delayed past this period, then all remaining fees for the project will be charged on the 91st day. If an extension of the project is required for any reason, such extension must be made and approved in writing by both parties.
In the case where payment terms are broken down over a given period, all payments are due on their identified date. Payments that are 15 days delinquent will put the terms of the payment plan at default, resulting in the final sum of the contract being due immediately.
In the case of delinquent payments, The Campany has the right to demand immediate takedown of the website and/or services created by The Campany. If The Campany collects any payment due at law or through an attorney at law or under advice from a collection agency, or if The Campany prevails in any action to which You and The Campany are parties, You will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and The Campany’s reasonable attorney and collect agency fees.
The Campany, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about The Campany to another party.
The agreement contained in this “Website Design Contract” constitutes the sole agreement between The Campany 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 twelve (12) months after both parties sign this contract. Continued services after that time will require a new agreement.
This agreement begins with an initial payment outlined in the proposal. If the Client request a refund in writing during the design process as described in Article 9, a full refund will be issued within 15 Business Days through a refund check, minus any third party cost or custom programming fees (example: purchased photos, custom programming or purchased technology from a 3rd party).
If the Client paid through credit card, a refund check will be issued through the mail. A refund on the credit card will not occur. The Campany reserves the right to cancel the project and refund the client in full at any time.
Cancellation of the project at the request of the Client must be made in writing with a confirmation receipt ID required. In the event that work is postponed or canceled outside of the Guarantee date range as explained in Article 9 and at the request of the Client, The Campany shall have the right to retain the full original deposit. In the event this amount is not sufficient to cover The Campany for time and expense already invested in the project, additional payment will be due to cover any additional expenses outlined by The Campany. If additional payment is due, this will be billed to the Client and within 15 days of receipt of notification via registered letter to stop work sent by the Client. Such balance will be due immediately by the Client.
This contract and the Appendices attached thereto constitute the sole agreement between The Campany and the Client regarding this project. The contract becomes effective when signed by both parties. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and The Campany. Specific details of our agreement will be attached. Any performance guarantees outside of this contract must be made in writing and agreed upon by all parties. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this contract was entered into in Pasco County, Florida, and any dispute will be litigated or arbitrated in Pasco County, Florida.
Both parties warrant that they have read and understand the terms set forth in this agreement.
This agreement shall be governed and construed in accordance with the laws of the State of Florida.