Web Site Design Project Contract (SAMPLE)
The above-named Client (hereinafter referred to as "Client") is engaging PixelBytes, as an independent contractor for the specific purpose of designing a World Wide Web site (herein after referred to as "Web Design Project") to be published on the Client's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, herein after refer to as "Hosting Service", or provided on diskette or CD at the Client's option. The Client hereby authorizes PixelBytes to access this account, and authorizes the Hosting Service to provide PixelBytes and its designer, Eileen Byrne, 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. If the Client does not have a Hosting Service and/or Domain Name, then the Client hereby authorizes PixelBytes to purchase these services on behalf of the Client. The ownership and responsibility of the Hosting Service and/or Domain Name belongs to the Client and the Client will hold harmless, protect, and defend Eileen Byrne and PixelBytes and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise. The Client also authorizes PixelBytes to submit the completed Web Design Project to major Web Search Engines.
This Web Design Project will be developed using Adobe Photoshop and Macromedia® Dreamweaver
3. Assignment of Web Design Project.
PixelBytes reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion.
4. Copyrights and Trademarks.
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Eileen Byrne and/or PixelBytes 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, indemnify and defend Eileen Byrne and PixelBytes and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
5. Web Site Maintenance.
This agreement allows for minor web site maintenance to pages your web site for a period of one year, including updating links and making minor changes to a sentence or paragraph. It does not include replacing major portions of text on a page, major page reconstruction, new pages, new images, guestbooks, navigation structure changes, repairs of attempted updates by Client. This service is available from the date the Client's web site is available to be published to Client's hosting service. Major page code and/or graphics changes and additions will be charged at the normal hourly rates.
6. Completion Date.
PixelBytes 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 no later than 30 days after Client has submitted all necessary materials. If the Client does not supply PixelBytes with complete text and graphics content for this Web Design Project within 45 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by PixelBytes as liquidated damages and the contract shall become null and void, at PixelBytes's option, unless the Web Design Project is canceled in writing by the Client prior to 45 days of the effective date of the agreement.
7. Project Delivery.
The final web site design project will be published to the Client's hosting service upon receipt of final payment or delivered via diskette upon the receipt of full payment. The Client agrees to select a hosting service which allows PixelBytes full access to the Client's account via FTP (File Transfer Protocol). If the Client chooses to use his/her own hosting service, the Client will be solely responsible for any and all hosting service charges.
If the Client chooses a PixelBytes web package that includes web hosting, PixelBytes will be responsible for hosting services charges for a period one year.
Publishing by PixelBytes:
1) There is no charge to publish the site if the hosting service is UNIX based and does not have FrontPage® extensions installed.
2) If the Client requires that PixelBytes uses FrontPage® and the hosting service has FrontPage® extensions installed but the extensions are not configured correctly to support publishing/FrontPage® functionality, PixelBytes charges at its then hourly rate for the effort involved to resolve whatever problems may arise.
Delivery via Disk:
The Client assumes all responsibility for the use and functionality of the Web Design Project. The Client will provide to PixelBytes a diskette or CD of any images he/she wishes to be included on the website.
8. Electronic Commerce Laws.
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend Eileen Byrne and PixelBytes and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
9. Web Design Project Copyright.
Copyright to the finished web design site produced by PixelBytes will be owned by Eileen Byrne and/or PixelBytes. The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. 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. PixelBytes and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. All Web Design Projects will contain a copyright/legal statement with a link to PixelBytes' Design Services Web Site.
10. Payment Schedule.
Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and the Package Price, attached hereto and made a part of this agreement hereof. Notwithstanding any prices listed in literature or on Web pages, the Client and PixelBytes agree that the services described in this contract, and the Package Price, shall be completed for $_______. The Client agrees to pay to PixelBytes an initial, non-refundable deposit of $_______ (normally, 50% of the estimated total cost) upon execution of this agreement. Final payment is due prior to publication and/or delivery of the Web Site Design Project. All amounts must be in U.S. Dollars.
Payments must be made promptly based on the terms of this Web Site Design Project. PixelBytes 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 (including all attorney's fees and court costs) incurred by that process. This agreement becomes effective only when signed by PixelBytes. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into Middlesex County, Massachusetts, and any dispute will be litigated or arbitrated in Middlesex County, Massachusetts and the Client hereby consents to the personal jurisdiction of the Massachusetts State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. Adding of Meta Tags (Description and Keywords) and the submission of the Web Design Project to Web search engines and updating occur only after the full final payment is made. All payments will be made in U.S. Dollars.
12. Legal Notice.
Notwithstanding anything to the contrary contained in this contract, neither PixelBytes nor any of its employees or agents, 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 Eileen Byrne and/or PixelBytes be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, 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 your site visitor's computer or Internet software, even if PixelBytes has been advised of the possibility of such damages.
13. This Agreement.
This agreement constitutes the sole agreement between PixelBytes 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 PixelBytes. 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.
By_________________________________ Date ________________
By_________________________________ Date ________________
Its Authorized Representative
Note: This is a SAMPLE ONLY and is subject to change. Your actual contract may vary based on the Package Type or Extra Services you choose.
Questions?122 Western Ave, Suite 407, Lowell, MA 01851
E-mail me: email@example.com
All page graphics and web design © 2008 by Eileen Byrne