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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.

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