Website Design Contract
| Used in conjunction with the Website Project 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 satisfy out clients. One way is to make clear out understandings with each other. These are the terms of our agreement together: |
|
1. Authorization. The above-named client is engaging Prairie Hill Farms Enterprises Website Design, located at 3540 S. 343rd. Street West, Cheney, Kansas 67025 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 Prairie Hill Farms Enterprises Website Design to access this account, and authorizes the webhosting service to provide Prairie Hill Farms Enterprises Website Design 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 Prairie Hill Farms Enterprises Website Design 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.) Prairie Hill Farms Enterprises Website Design includes the following elements in their Standard Website Packages: |
|
|
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 Prairie Hill Farms Enterprises Website Design and additional $25.00 per page. Graphics or photos beyond the allowed average of 1.3 per webpage shall be billed at an additional $10.00 each. Where "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 if 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 Prairie Hill Farms Enterprises Website Design 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 Prairie Hill Farms Website Design 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, minimum of 1/2 hour.) 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 six-month period, including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text. If the client or an agent other than Prairie Hill Farms Enterprises Website Design 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 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 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 substantial 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 Prairie Hill Farms Enterprises Website Design full access to the website and a cgi-bin directory via FTP and telnet. The client further understands that if the webhosting 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. Prairie Hill Farms Enterprises Website 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 Prairie Hill Farms Enterprises Website Design complete text and graphics content for 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, this contract will become inactive and no further work will be done until all materials are received. |
|
9. Payment of Fees. Fees to Prairie Hill Farms Enterprises Website Design 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 $200, 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. Legalities: Prairie Hill Farms Enterprises Website Design does not warrant that the functions contained in these webpages on 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 the client. In no event will Prairie Hill Farms Enterprises Website 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 webpages or website, even if Prairie Hill Farms Enterprises Website 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. |
|
11. Copyrights and Trademarks. The client represents to Prairie Hill Farms Enterprises Website Design and unconditionally guarantees that any elements of text, graphics, photos, design, trademarks, or other artwork furnished to Prairie Hill Farms Enterprises Website Design 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 Prairie Hill Farms Enterprises Website Design and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. |
|
12. 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 Prairie Hill Farms Enterprises Website Design and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce. |
|
13. Copyright to Webpages: Copyright to the finished assembled work of webpages produced by Prairie Hill Farms Enterprises Website Design is owned by Prairie Hill Farms Enterprises Website Design. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Prairie Hill Farms Enterprises Website Design and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. |
|
14. Payment of Fees. In order for Prairie Hill Farms Enterprises Website 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. Prairie Hill Farms Enterprises Website Design 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 Prairie Hill Farms Enterprises Website Design. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Sedgwick County, Kansas. Please pay on time. |
|
15. Sole Agreement. The agreement contained in this "Website Design Contract" constitutes the sole agreement between Prairie Hill Farms Enterprises Website Design 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. |
| 16. 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 Prairie Hill Farms Enterprises Website Design, 3540 S. 343rd.Street West, Cheney, Kansas 67025, phone (316)542-0490, work completed shall be billed 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 Prairie Hill Farms Enterprises Website Design (authorized signature) ____________________________________________________date:__________________ |