|
Used in conjunction with the Website
Planning Worksheet which should also be printed out by the
client. If you are ordering an online store, also print out the Store
Planning Worksheet.
Contact Name ______________________________
Phone ___________ FAX ___________
Company/Client _____________________________
Address ________________________________
______________________________________________
City ____________________ State ____ ZIP ____ Country ___
E-mail address _________________________
Present WWW URL (if any):
_______________________________________________
Username ________________
Password ________________
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 The Creative Corner, a
sole proprietor, located at 49 Hillside Avenue, Waterbury,
Conecticut 06710-2219, as an independent contractor for the specific project of
developing and/or improving a World Wide website to be installed
on the client's web space on a web hosting service's computer. The
client hereby authorizes The Creative Corner to access this
account, and authorizes the web hosting service to provide The
Creative Corner with "write permission" for the
client's webpage directory, cgi-bin directory, and any other
directories or programs which need to be accessed for this
project. The client also authorizes The Creative Corner to
publicize their completed website to Web search engines, as well
as other Web directories and indexes.
2. Standard Website Package Elements.
(For Standard Website Packages Only. Cross out for online stores.)
The Creative Corner includes the following elements in
Standard Website Packages:
- E-mail/phone consultation
(Up to 2 hours total general Internet orientation education,
marketing strategy, Web design consultation, and helping
clients learn to use their own webpage editor. Telephone long
distance charges are in addition to package rates quoted.
Additional education and consultation is at our hourly rate.)
- Words of text
supplied by the client (200 words per page approximate maximum
if not supplied via diskette. webpages of more than 1,200
words of text may be subject to additional fees, especially if
they require a great deal of formatting.)
- Links
to external pages, up to an average of 2.5 per page.
- Custom Graphics Package.
Masthead graphic on first page (simple custom graphic
incorporating company logo). Top-of-page graphic for all other
pages in your website. Colorful lines and bullets, and colored
and textured background.
- Photos and other misc. graphic images supplied
by client (up to an average of 1.3 included per page in
standard websites and "regular" online store pages,
in addition to masthead and top-of-page graphic. Color
originals larger than 5" x 8" are extra).
- Installation of
webpages on the client's web hosting service.
- Minor updates and changes
to existing webpages for three months, 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.
- Site publicity
to at least a dozen major Web search engines, such as Yahoo,
AltaVista, InfoSeek, WebCrawler, Lycos, HotBot, etc.
- E-mail response link
on each webpage to any e-mail address the client designates.
- Feedback or guest book form
(Basic CGI program included. Includes up to 20 fields. Extra
charges may be incurred if the client's web hosting service
does not use a Unix operating system. Not included in the
package price for sites smaller than 6 pages. This is not
included in online stores, since the shopping cart software is
a functional equivalent.)
- Image Map for
internal navigation (Not included in the package price for
sites smaller than 6 pages.)
3. Standard Website Packages only.
(Cross out this section for online stores.) The content of the
webpages will be supplied by the client and executed as specified
by the client in the "Website Planning Worksheet" dated
_______________. This website includes up to ___________ webpages.
In case the client desires additional standard webpages beyond the
original number of pages specified above, the client agrees to pay
The Creative Corner an additional $_______ for each
additional webpage. Graphics or photos beyond the allowed average
of 1.3 per webpage shall be billed at an additional $____ each.
Where custom graphic work (beyond the scope of the "Custom
Graphics Package" detailed above) is requested, it will be
billed at the hourly rate specified below. The store size and
additional services, and prices of each are detailed on the
attached estimate.
4. Online stores only. (Cross out this section
for Standard Website Packages.) The text and graphic content of
the webpages will be supplied by the client and executed as
specified by the client in the "webpage Planning
Worksheet" dated _______________. and the Store Planning
Worksheet dated _____________. It is understood that total prices
calculated below are likely to vary from the final amount due to
different quantities of products, categories, photos, regular
pages, etc. in the final store. An Estimate from The Creative
Corner dated ____________ is attached to this document and
governs the prices for this contract. Notwithstanding any prices
listed in literature or on webpages, the client and The Creative
Corner agree that the services described above in this
section shall be completed for $__________________ and upon this
amount the first payment shall be determined. The final payment
shall reflect and include all elements actually completed at the
prices attached.
We include e-mail/phone consultation of up to 2 hours total
general Internet orientation education, marketing strategy, Web
design consultation, and helping clients learn to use the store
software. Telephone long distance charges are in addition to
package rates quoted. Additional education and consultation is at
our hourly rate.)
Product webpages, products, or photos added after the store is
ready for advertising to the Web search engines will be calculated
for actual time spent at the hourly rate specified below.
5. Maintenance and Hourly Rate. This agreement
includes minor webpage maintenance to regular webpages (not store
product pages) over a three-month period, including updating links
and making minor changes to a sentence or paragraph. It does not
including removing nearly all the text from a page and replacing
it with new text. If the client or an agent other than The
Creative Corner attempts updating the client's pages, time to
repair webpages will be assessed at the hourly rate, and is not
included as part of the updating time. The three-month maintenance
period commences upon the date the client signs this contract.
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, 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.
6. Changes to Submitted Text. Please send us
your final text. Time required to make substantive changes
to client-submitted text after the webpages have been constructed
will be additional, billed at the hourly rate.
7. Web Hosting. The client understands that
any web hosting services require a separate contract with a web
hosting service. The client agrees to select a web hosting service
which allows The Creative Corner full access to the website
and a cgi-bin directory via FTP and telnet. The client further
understands that if the web hosting service's operating system is
not a Unix system, standard CGI software may not work, and
providing a substitute may incur additional charges.
8. Completion Date. The Creative Corner 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 The Creative Corner complete
text and graphics content all webpages contracted for within six
weeks of the date this contract was signed, the entire amount of
the contract becomes due and payable. If the client has not
submitted complete text and graphics content within two months
after signing of this contract, an additional continuation fee of
10% of the total contract price will also be assessed each month
until the website is advertised.
9. Payment of Fees. Fees to The Creative
Corner are due and payable on the following schedule: 50% upon
signing this contract, 50% when the webpages have been constructed
according to the client's original written specifications. If the
total amount of this contract is less than $600, 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
webpages are completed, the webpages 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.
10. Assignment of Project. The Cretaive Corner
reserves the right to assign subcontractors to this
project to insure the right fit for the job as well as on-time
completion.
11. Legal Stuff. The Creative Corner does
not warrant that the functions contained in these webpages or the
Internet website will meet the client's requirements or that the
operation of the webpages will be uninterrupted or error-free. The
entire risk as to the quality and performance of the webpages and
website is with client. In no event will The Creative Corner 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 webpages or website, even if The
Creative Corner 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.
12. Copyrights and Trademarks. The client
represents to The Creative Corner and unconditionally
guarantees that any elements of text, graphics, photos, designs,
trademarks, or other artwork furnished to The Creative Corner for inclusion in webpages 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 Creative
Corner and its subcontractors from any claim or suit
arising from the use of such elements furnished by the client.
13. 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 The Creative
Corner and its subcontractors from any claim, suit,
penalty, tax, or tariff arising from the client's exercise of
Internet electronic commerce.
14. Copyright to Webpages. Copyright to the
finished assembled work of webpages produced by The Creative
Corner is owned by Teh Creative Corner. Upon final payment
of this contract, the client is assigned rights to use as a
website the design, graphics, and text contained in the finished
assembled website. Rights 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. The Creative Corner and its subcontractors
retain the right to display graphics and other Web design elements
as examples of their work in their respective portfolios.
15. Payment of fees. In order for The Creative
Corner to remain in business, payments must be made
promptly. Delinquent bills will be assessed a $15 charge if
payment is not received within 30 days of the due date. If an
amount remains delinquent 60 days after its due date, an
additional 5% penalty will be added for each month of delinquency.
The Creative Corner reserves the right to remove webpages
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. This agreement becomes effective only
when signed by The Creative Corner. Regardless of the place
of signing of this agreement, the client agrees that for purposes
of venue, this contract was entered into in New Haven County,
Connecticut, and any dispute will be litigated or arbitrated in
New Haven County, Connecticut. Please pay on time.
16. Sole Agreement. The agreement contained in
this "Website Design Contract" constitutes the sole
agreement between The Creative Corner 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.
18. 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 The
Creative Corner, 49 Hillside Avenue, Waterbury, Connecticut
06710-2219, phone (203) 755-6460, 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 The Creative Corner (authorized signature)
_______________________________________
Date ________________
Last updated
September 5, 2001
|
