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 produce a wonderful
up-to-the-minute web presence for the client. One way is to make clear our
understandings with each other. These are the terms of our agreement together:
Authorization. The above-named client is engaging O'Connor
O'Riginals Web Design, a sole proprietor, located at 13222 Point
Pleasant Drive, Fairfax, VA 22033, as an independent contractor for the specific
project of developing and/or improving an Internet website to be installed on
the client's web space on a web hosting service's computer.
The client hereby authorizes O'Connor
O'Riginals Web Design to access this account, and authorizes the web
hosting service to provide O'Connor O'Riginals Web Design with
"write permission" for the client's web page directory, cgi-bin directory, and
any other directories or programs which need to be accessed for this project.
The client also authorizes O'Connor O'Riginals Web Design to
publicize their completed website to Web search engines, as well as other Web
directories and indexes.
Standard
Website Package Elements. O'Connor O'Riginals Web Design
includes the following elements in their
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 web page editor. Telephone long distance charges are in addition to
package rates quoted. Additional education and consultation is at our hourly
rate.
Text.
To be supplied by the client (200 words per page approximate maximum if not
supplied via CD-ROM or diskette. Web pages 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 miscellaneous graphic images. To be supplied by client (up to
an average of 1.5 included per page in standard websites, in addition to
masthead and top-of-page graphic. Color originals larger than 5" x 8" are
extra).
Installation
of web pages on the client's web hosting service.
Minor
updates and changes to existing web pages for six months, subject to the
limits outlined below. Additional changes billed at hourly rate.
After the six month maintenance period,
O'Connor O'Riginals Web Design shall be given the right of first
refusal to make revisions requested by the client. If the revisions are not
due to any fault on the part of O'Connor O'Riginals Web Design,
such work shall be billed at the hourly rate listed above.
Site publicity
to at least a dozen major Web search engines, such as Yahoo, AltaVista,
InfoSeek, WebCrawler, Lycos, HotBot, Google, Northern Lights and others.
E-mail response link
on each web page to any e-mail address the client designates.
Feedback or guest
book form (Basic CGI program included. Includes up to 20 fields. NOTE:
Extra charges may be incurred if the client's web hosting service does not use
a Unix operating system or does not permit access to the cgi-bin. This is not
included in the package price for sites smaller than 6 pages.
Image Map for
internal navigation (Not included in the package price for sites smaller than
6 pages.)
Standard Website Packages only.
The content of the web pages will be supplied by the client and executed as
specified by the client in the
Website Planning Guide dated _______________. This website shall include
up to ___________ web pages.
In case the client desires additional standard web pages beyond the
original number of pages specified above, the client agrees to pay O'Connor
O'Riginals Web Design an additional $_______ for each additional web
page as listed on the
Rate Schedule.
Graphics or photos beyond the allowed average of 1.5 per web page 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 as listed on the
Rate Schedule.
Maintenance and Hourly Rate.
If the client or an agent other than O'Connor O'Riginals Web Design
attempts updating the client's pages, time to repair web pages will be assessed
at the hourly rate, and is not
included as part of the updating time. The six-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 as listed on the
Rate Schedule. This rate shall also govern additional work authorized
beyond the maximums specified above for such services as general Internet
orientation education, marketing consulting, web page design, editing,
modifying product pages, and art, photo, graphics services, and helping
clients learn how to use their own web page editor. CGI programming charges
(if any) are not included in this rate.
Changes to Submitted Text. Please send us your final text. Time
required to make substantive changes to client-submitted text after the web
pages have been constructed will be additional, billed at the hourly rate as
listed on the
Rate Schedule.
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 O'Connor O'Riginals Web Design 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.
O'Connor O'Riginals Web Design
will set up an account for the client with
a server, if desired. The bill for the hosting would then be added
into the regular web site billing.
Completion Date. O'Connor O'Riginals Web Design 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 O'Connor
O'Riginals Web Design complete text and graphics content all web pages
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 "goes live" and is
advertised.
The client should be aware that failure to submit required information or
materials on or before the agreed date may cause subsequent delays in the
production. Input delays could result in significant production delays.
Extension.
Either party may extend the initial duration of this Agreement and it shall be
extended by mutual agreement of the client and the O'Connor O'Riginals Web
Design. If extended, the terms in this Agreement apply for the duration
of the extension.
Assignment of Project.
O'Connor O'Riginals Web Design reserves the right to assign
subcontractors to this project to insure the right fit for the job as well as
on-time completion.
O'Connor
O'Riginals Web Design does not warrant that the functions contained in
these web pages or the Internet website will meet the client's requirements or
that the operation of the web pages will be uninterrupted or error-free. The
entire risk as to the quality and performance of the web pages and website is
with client. In no event will O'Connor O'Riginals Web Design 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 web pages or
website, even if O'Connor O'Riginals Web Design 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.
Copyrights and Trademarks.
The client represents to O'Connor O'Riginals Web Design and
unconditionally guarantees that any elements of text, graphics, photos, designs,
trademarks, or other artwork furnished to O'Connor O'Riginals Web Design
for inclusion in web pages 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 O'Connor O'Riginals Web Design and
its subcontractors from any claim or suit arising from the use of such elements
furnished by the client.
Copyright to the finished assembled website is owned by O'Connor
O'Riginals Web Design. Upon final payment of this contract, the client
will be 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.
O'Connor O'Riginals Web Design and its subcontractors retain
the right to display graphics and other Web design elements as examples of
their work in their respective portfolios.
Authorship Credit. Authorship
credit in the name of O'Connor O'Riginals Web Design shall
accompany the web site at the bottom left corner, in the form of text and/or
logo and a hyperlink, on each page of client website.
Ownership and return of work. The ownership of documentation, technical
information, know-how, trade secrets, copyrights, models, drawings, artwork,
including sketches, specifications, coding, and any other materials created or
developed by O'Connor O'Riginals Web Design in the process of
making this website, shall remain with or be returned to O'Connor
O'Riginals Web Design.
Laws Affecting Electronic Commerce.
Occasionally 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 O'Connor O'Riginals Web Design and
its subcontractors from any claim, suit, penalty, tax, or tariff arising from
the client's exercise of Internet electronic commerce.
Payment of fees. In order for
O'Connor O'Riginals Web Design to remain in business, payments must
be made promptly. Delinquent bills will 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 will be added for each month
of delinquency. O'Connor O'Riginals Web Design reserves the right
to remove web pages 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
O'Connor O'Riginals Web Design. Regardless of the place of signing of
this agreement, the client agrees that for purposes of venue, this contract was
entered into in Fairfax County, Virginia, and any dispute will be litigated or
arbitrated in Fairfax County, Virginia.
Fees to O'Connor O'Riginals Web Design are due and payable on
the following schedule: 50% upon signing this contract, 50% when the web pages
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 web pages are
completed, the web pages may be delivered to the client on CD-ROM 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 by check, Visa or MasterCard.
Revisions. After the six month
maintenance period, O'Connor O'Riginals Web Design shall be given
the right of first refusal to make revisions requested by the client. If the
revisions are not due to any fault on the part of O'Connor O'Riginals Web
Design, such work shall be billed at the hourly rate listed above.
Publication.
The client may publish or disclose information regarding the website and shall
acknowledge the support of O'Connor O'Riginals Web Design
in all such publications. The
client will not use the name of
O'Connor O'Riginals Web Design
will not use the name of the client, in any advertising or publicity without
the prior written approval from the client.
The total amount of this contract is $______________
This agreement begins with an initial payment of $_____________.
Termination: Either party may
terminate this Contract by giving 30 days written notice to the other of such
termination. In the event that Work is postponed or terminated at the request of
the client, 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. In the event of termination, the Client shall
also pay any expenses incurred by Consultant and the Consultant shall own all
rights to the Work. The Client shall assume responsibility for all collection of
legal fees necessitated by default in payment.
Send the registered Termination letter to:
O'Connor O'Riginals Web Design
13222 Point Pleasant Drive
Fairfax, VA 22033-3515
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 O'Connor O'Riginals Web Design (authorized
signature)
_______________________________________ Date ________________
