Website Design Project Contract (Sample)
[Project Type]
Client Information:
[Client Name]
|
| 1. Authorization |
| The above-named Client (hereinafter referred to as 'Client') is
engaging azpDesigns, as an independent contractor for the specific
web design project of developing and/or improving a website,
hereinafter referred to as web design project to be installed on
the Client's account on an Internet Service Provider (ISP) / Web
Presence Provider (WPP) computer, hereinafter refer to as 'Hosting
Service'. The Client hereby authorizes azpDesigns to access this
account, and authorizes the Hosting Service to provide azpDesigns
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/level. The Client also authorizes azpDesigns
to submit the completed web design project to major Web Search Engines. |
| 2. Assignment of web design project |
| azpDesigns reserves the right to assign subcontractors to this web
design project to insure that the terms of this agreement are met
as well as on-time completion. |
| 3. Copyright and Trademarks |
| The Client unconditionally guarantees that any elements of text,
graphics, photos, designs, trademarks, or other artwork furnished
to azpDesigns 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
and defend azpDesigns and its subcontractors from any claim or suit
arising from the use of such elements furnished by the Client. |
| 4. Website Maintenance |
| This agreement allows for minor website maintenance to pages over
a 1-month period, up to an average of one half hour per regular web
site, including updating lines and making minor changes to a sentence
or paragraph. It does not include updating or replacing nearly all
the text from a page with new text, major page reconstruction, new
pages, guest books, discussion webs, navigation structure changes,
attempted updates by Client repairs or web design projects delivered
to the Client via CD. The period of 1 month begins on the date the
Client's web design site has been published to Client's hosting
service or 30 days from the date this agreement was signed, whichever
comes first. If the Client's web design package includes database
access using Server Side Script, then very minor page code changes
will be accepted under this maintenance plan. Major page code and/or
database structural changes will be charged at current hourly rates. |
| 5. Completion Date |
| azpDesigns 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 in the time provided to the Client,
after the Client has submitted all necessary materials. If the Client
does not supply azpDesigns with complete text and graphic content for
this web design project within 60 days of the date this agreement was
signed, the entire amount of the agreement becomes due and payable.
If the Client still has not submitted all the required contents within
90 days after signing this agreement, an additional continuation fee of
15% of the total agreement price will be assessed for each month until
the web design project is published or the Client cancels the web design
project in writing. |
| 6. Project Delivery |
| The website design project delivery shall be completed upon receipt of
the payment associated with delivery. Delivery may be accomplished by
publishing, electronic transfer, or physical media. The Client understands
that azpDesigns may not be providing any hosting services in connection
with this web design project. Hosting services may require a separate
contract. The Client will be solely responsible for all hosting service
charges. The Client assumes all responsibility for the use and functionality
of the web design project. |
| 7. Development |
| azpDesigns develops all website design projects using Macromedia
Dreamweaver and Adobe Photoshop. All web design projects delivered
by azpDesigns are guaranteed to work in Microsoft Internet Explorer
Versions 5 and higher and in Netscape Navigator Version 4 and higher.
While azpDesigns will make reasonable efforts to design a fully-functional
website, azpDesigns' warrantee does not cover AOL, text-based browsers
or requested special effects that we have advised you against. |
| 8. Electronic Commerce Laws |
| The Client agrees that the Client is solely responsible for complying
with such laws, taxes and tariffs, and will hold harmless, protect,
and defend azpDesigns and its subcontractors from any claim, suit,
penalty, tax or tariff arising from the Client's exercise of Internet
electronic commerce. |
| 9. Electronic Commerce Laws |
| Original website content specifically requested by the customer and
designed under work for hire shall be the intellectual property of
the customer once final payment under this agreement and any additional
charges incurred have been paid. Rights to clipart, photos, graphics,
source code, work-up files and computer programs that are not
specifically requested and designed under work for hire are not
transferred to the Client, and remain the property of their respective
owners. azpDesigns and its subcontractors retain the right to display
graphics and other web design elements as examples of their work in their
respective portfolios. |
| 10. Payments |
Payments must be made promptly based on the agreed schedule. Delinquent
bills can be assessed a $15 charge if payment is not received within
10 days of the due date. If an amount remains delinquent 30 days after
its due date, an additional 5% penalty can be added for each month of
delinquency. azpDesigns reserves the right to remove any web design
project 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 an authorized representative azpDesigns. Regardless of the place
of signing of this agreement, the Client agrees that for purposes of venue,
this agreement was entered into in Phoenix, Arizona, US and any dispute will
be litigated or arbitrated in Phoenix, Arizona, US. Please pay on time.
All payments will be made in US $ funds unless agreed upon in writing by
both parties. All web design projects will be charged according to the
following schedule:
25% payment by ordering and payments by agreed milestones. |
| 11. Money-Back Guarantee |
| azpDesigns guarantees that it will refund any money paid by the Client
in case the Client is dissatisfied with the service azpDesigns has
provided to the Client. The money-back guarantee is valid for all types
of projects, for the entire development time. The offer ends when the
project is accepted by the Client and published to the Internet or
transferred to the Client on a physical media. The refund applies to
the initial down payment (until acceptance of the design concept), as well as,
any payments made at agreed milestones while the project is still not
accepted by the Client as completed within the scope of the signed
contract. |
| 12. Legal Notice |
| azpDesigns does not warrant 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
azpDesigns be liable to the Client or any third party for any damages, including,
but not limited to service interruptions caused by Acts of God or any other
circumstances beyond our control, any lost profits, lost savings or other
incidental, consequential 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 site visitor's computer or Internet software, even if
azpDesigns has been advised of the possibility of such damages. |
| 13. Ownership |
| The Client becomes the sole owner of all the parts of the website. No part of the
web site may be shared or sold by the Client, without the consent of azpDesigns.
The Client may use the website contents for purposes related only to the business
for which the website was created. azpDesigns is not responsible, in any way, for
any use of the website content for purposes outside of the website itself. |
| 14. This Agreement |
| This agreement constitutes the sole agreement between azpDesigns 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 azpDesigns. 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. |
Company:
azpDesigns
3429 W. Kelton Lane
Phoenix, AZ 85053
Authorized Representative Signature and Date:
___________________________________________ |
Client:
Authorized Representative Signature and Date:
___________________________________________ |
Note: This is a SAMPLE ONLY and is subject to change. Your actual contract
may vary based on the Project Type or Extra Services you choose. |
