Most of the
time people have been abusing our knowledge by failing to pay us after finishing
our works, either they think the task was too easy for such amount of money or
we tricked them somewhere in the process or they just don’t take things
seriously.
Hint:
Contract is an agreement between two or more parties, especially one that is
written and enforceable by law.
Now it is
the time to follow legal procedures before you start to do any kind of work
wither you want to develop software or making a website make sure you enter in
the legal agreement with your client so that they respect your work. In case they abuse
it you can sue them in the court using the agreement documents you have. This
move will help you to look like a professional and clients to respect you and
just in case the client slow you down you can terminate the contract and still
have money in your pocket
Please
see the sample web design contract:
Web Site Design Contract
This is a legal and binding contract between YOUR COMPANY NAME and
the Client listed below.
YOUR COMPANY NAME
YOUR STREES
YOUR TOWN, STATE ZIP
PHONE
FAX
EMAIL
Client
Company ___________________________________________________
Contact Name ________________________________________________
Address _____________________________________________________
____________________________________________________________
City ________________________ State ____ ZIP ____ Country _____
Phone ________________________ FAX ________________________
E-mail address ________________________________________________
Present WWW URL (if any):
_____________________________________________________________
Username ___________________ Password ________________________
These are the terms of our agreement together:
1. Authorization. The above-named Client is engaging YOUR COMPANY NAME, known as
Developer, a sole proprietor, located at YOUR ADDRESS, as an independent
contractor for the specific purpose of developing and/or improving a web site.
The Client hereby authorizes Developer to access the above FTP account, and
authorizes the web hosting service to provide Developer 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 Developer to publicize their completed web site to
Web search engines, as well as other Web directories and indexes.
2. Standard Web Site
Package:
Domain Registration: The Developer will secure a domain name for
the Client at the Client’s request. All charges incurred in doing so will be
billed to the Client as an addition to the base price contemplated by this
agreement. These are Internic fees, and are not a source of income for the
Developer.
If the Client already has a domain name, the Developer will
coordinate redirecting the address to the new host. Should the Client desire a
specific domain name, which is already owned by another party, negotiations for
said domain name must be undertaken by
the Client.
Text. Copy for web site must be
supplied by the Client in a .doc format via disk or email attachment.
Otherwise, if not supplied on disk or via email, there will be an additional
charge for typesetting.
Links. This agreement contemplates
up to an average of 12 external or relative links per page and an e-mail
response link on each web page to any e-mail address specified by Client.
This agreement also contemplates making any link the Client desires
“pop up” in a new window if requested at the specific dimensions and
configuration specified by the Author.
Photos. Photos and other misc.
graphic images must be supplied by Client.
Scanning. This agreement contemplates scanning up to 10 images for the
Client. It is contemplated that this will accommodate the needs of most
Clients.. Please note: If you anticipate needing extensive scanning service, or
need large format images scanned, please contact Developer for pricing and / or
discounts on volume scanning.
Installation. Finished site will be uploaded to Client’s
hosting company.
Site publicity. The site will be subject to a one-time blast submission to at least 12
of the major Web search engines, such as Yahoo, AltaVista, InfoSeek, WebCrawler,
Lycos, HotBot, etc.
E-mail response link on each web page to any e-mail address the
Client designates.
Cross Browser Compatibility. Our agreement contemplates the creation of a web site viewable by
both Netscape and Microsoft Internet Explorer. Compatibility is defined herein
as all critical elements of each page being viewable in both browsers. Client
is aware that some advanced techniques on the Internet, however, may require a
more recent browser version and brand or plug-in. Client is also aware that as
new browser versions of Internet Explorer and Netscape are developed, the new
browser versions may not be compatible. In the absence of a Maintenance
Agreement time spent to redesign a site for compatibility due to the
introduction of a new browser version will be separately negotiated and in
addition to the base price of our agreement.
CGI / Perl. This contract contemplates one basic form embedded on the Clients
web site with the data captured in each form delivered to the Client at the Client’s
specified e-mail address. If a specific script beyond this capability is
requested by the Client and it must be purchased or created by the” Developer”
at the Client’s request, the charge for the script, if any, will be billed back
to the Client.
Image Map. for internal navigation (Not
included in the package price for sites smaller than 6 pages.)
3. Standard Web site
Packages only. The content of the web pages will be supplied by the Client and
executed as specified by the Client in the "Web Site Planning
Worksheet" dated _______________. This web site includes 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 Developer an
additional $_______ for each additional web page. Graphics or photos beyond the
allowed average of 1.3 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 specified below. The store size and additional services, and prices of
each are detailed on the attached estimate.
4. Online stores
only. The text and graphic content of the web pages will be supplied by
the Client and executed as specified by the Client in the “Web Page Planning
Worksheet" and / or the Store Planning Worksheet. It is understood that
total prices calculated 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 is listed in Appendix A and governs the prices for this
contract. Notwithstanding any prices listed in literature or on web pages, the
Client and Developer agree that the services described above in this section
shall be completed for the amount indicated in Appendix A and / or Appendix B
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.)
Product web pages, 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. Available Services :
This agreement includes all the
aforementioned services plus:
Page Redirection / Plug-in Technology. JavaScript programming page
redirection based on the presence or absence of a viewer's browser, plug-in, screen
resolution and platform. Note however, that if additional pages are necessary
to accommodate specific browsers, plug-in technology, screen resolutions, or
platforms additional charges may apply.
Graphic Creation / Banner Advertisements. This custom package contemplates that the “Developer” will create, capture or receive from the Client all the
graphic elements necessary to complete the Client’s web site. This includes
creation / redesign of Corporate Identity (logo), ancillary images, animated
graphics, photography and banner
advertisements.
Java Applets.This custom package contemplates
the use of Java Applets specified in Appendix A. Clients are encouraged to not
use Java Applets as many viewers on America Online will be served an error when
trying to view the page. Java Applets may also 'crash' older computers on
download and download times for some viewers can be excessive.
Macromedia Flash Macromedia Flash is always an option and the
specific understanding of our arrangement will be listed in Appendix A.
Although Flash work is charged by the hour, the Developer warrants to protect
the client by specifying a maximum charge in advance which will be listed in
Appendix A. The Developer warrants to work earnestly to come in under the
maximum charge.
DHTML This custom package contemplates
using DHTML technology. The rate to program each DHTML page will be
specified in Appendix A. The Author understands that DHTML technology may not
work in older browsers and some DHTML technology is not cross-browser specific.
Real Audio/Video. This custom package
contemplates using Real Audio or Real Video on the Client's site. If
chosen, however, the charges for such will be listed in Appendix A.
QuickTime / QuickTime VR This custom package contemplates
using QuickTime or QuickTime VR technology on the Client's web site.
E-commerce. This custom package contemplates
the possibility of an e-commerce enabled site. If a shopping cart is required
for the Client’s site, the charges for the shopping cart will be listed in
Appendix A.
Secure Certificate If the
Client selects an e-commerce enabled site, the Client is encouraged to obtain a
secure certificate for online transactions. The Client understands that if they
do not obtain their own secure certificate, design capabilities on the shopping
cart itself may be limited.
Merchant Account The Client will need a Merchant Account to
enable the ability to accept credit cards online. Any charges necessary to
secure the Merchant Account are chargeable to the Client.
Real Time Credit Card Processing. If the
Client has a high volume / high sales web site, real-time credit card
processing will be desired. In this instance, the Developer will assist the Client
in obtaining this service. Any charges related to this service are the
responsibility of the Client as an addition to this agreement.
ASP / Cold Fusion. Sites requiring database design may require
Microsoft ASP or Allaire Cold Fusion technology. Any charges applicable to ASP
or Cold Fusion are in addition to this agreement.
Databases. Costs for creation of a database will be specifically listed in
Appendix A.
Training. The Developer will provide e-mail and telephone assistance to the
Client’s designated representatives regarding management of the Client’s web
site at a pre-negotiated rate.
6. Additional
Expenses. Client agrees to reimburse the Developer for any critical Client
requested expenses necessary for the completion of the project. Examples would
be:
·
Purchase of specific fonts at the Client's request,
·
Purchase of specific photography at the Client's request.
·
Purchase of specific software at the Client's request.
7. Client Amends /
Changes. Developer prides itself in providing excellent customer service.
That is the spirit of our agreement and the spirit of the Developer's business.
To that end, we encourage input from the Client during the design process.
The Developer understands, however, that Clients may request
significant design changes to pages that have already built to the Client's
specification. To that end, please note that our agreement does not include a
provision for significant page modification or creation of additional pages in
excess of our agreed page maximum [Appendix A]. If significant page
modification is requested after a page has been built to the Author's
specification, we must count it as an additional page.
Some examples of significant page modification at the request of
the Client include:
·
Developing a new table or layer structure to accommodate a
substantial redesign at the Client's request.
·
Recreating or significantly modifying the company logo graphic at
the Client's request.
·
Replacing more than 75% of the text to any given page at the Client's
request.
·
Creating a new navigation structure or changing the link graphics
at the Author's request.
·
Significantly reconfiguring the Client's shopping cart with new
product, shipping or discount calculation if an e-commerce enabled site has
been selected by the Client.
Clients who anticipate frequently changing the look of their site
during the design process and Clients who desire to be intricately involved
design of each page are encouraged to negotiate an agreement which exceeds the
page maximum. If significant page modification is requested by the Client after
the page maximum has been reached a Change Request with estimated costs will be
submitted for Client approval prior to changes being done.
Moderate changes, however, will always be covered during our
development of the site and also covered by our one month of free maintenance.
8. Third Party or
Client Page Modification. Some Clients will desire
to independently edit or update their web pages after completion of the site.
Note however, Developer is not responsible for any damage created
by the Client or agent of the Client. Any repairs required will be assessed at
an hourly rate of $_____. [1 hour minimum charge].
9. Web Hosting. The Client agrees to select a web hosting service that allows
OneWay Advertising full access to the web site 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.
10. Search Engine Registration. The
Developer will optimize the Clients web site with appropriate titles, keywords,
descriptions and text and thereafter submit the Client's web site to each of
the major search engines and directories. The Developer also offers advanced
search engine optimization and site promotion services. If advanced search
engine optimization and site promotion services are desired the agreement for
said services will be listed in Appendix B.
The Developer encourages all commercial Clients to obtain advanced
Search Engine Optimization and Site Promotion services.
11. Work Schedule
and Completion Date. Developer to submit a First Mockup Draft of web site no later than
twenty (20) days after Developer receives signed agreement, along with down
payment and initial direction from the Client.
Client to provide Developer with all the data needed to complete web
site, including text, company logo, and photos. Upon completion of this stage,
the Client will be asked to confirm acceptance for the basic site design via
e-mail or by signing a printed copy of the design and faxing to Developer. Once
this acceptance is received from the Client, the work necessary to complete the
project will continue.
Upon completion of the web site, an e-mail or letter and invoice
will be sent to the Client advising the Client that the work has been
completed. Client will supply written approval by printing, initialing and
faxing back each page in web site. After contract has been paid in full, site
will then be uploaded to Client’s hosting company.
The Developer will burn one copy of the Client's web site onto a
CD, at the Client's request, upon completion of the site and upon receipt of
final balance. Additional copies of the CD are available for $25.00 each.
12. Maintenance
Grace Period. This agreement includes minor web page maintenance to regular web
pages (not store product pages) over a one-month period, including updating
links and making minor changes to a sentence or paragraph. It does not
including removing nearly all the text from a page and replacing it with new
text. If the Client or an agent other than Developer 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 one-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 [Appendix A]. This rate shall also apply toward 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 databases in an online store, 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.
13. Extended
Maintenance Contracts. Terms for Maintenance Contracts will be
listed in Appendix B, using one of two methods.
The Monthly “Flat Rate” Maintenance Contract, payable each month, allowing up to 2 hours of changes per month,
including new pages and store product changes. The “Flat Rate” Agreement is
payable each month, whether the time is used or not. Changes requested, which go beyond the 2 hour
limit, are chargeable at the rate disclosed in Appendix B.
The “As Needed” Maintenance Contract is a monthly chargeable agreement, higher than the “Flat Rate”,
but offering cost savings on sites with little to no changes. Charges incur
when Client requests a change - 1 hour minimum charge. Details are listed in Appendix B.
14. Copyrights and
Trademarks
The Client represents to Developer and unconditionally guarantees
that any elements of text, graphics, photos, designs, trademarks, or other
artwork furnished to Developer 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 Developer and its subcontractors from any
claim or suit arising from the use of such elements furnished by the Client.
15. Assignment of
Project. The Developer reserves the right to assign certain subcontractors
to this project to insure the right fit for the job as well as on-time
completion. The Developer warrants all work completed by subcontractors for
this project. When subcontracting is required, the Developer will only use
industry recognized professionals.
16. Age. Authorized representative of
the Client certifies that he or she is at least 18 years of age and legally
capable of entering a contract in the State of Montana on behalf of the Client.
17. Warranties and
Liability. Client agrees that any material submitted for publication will not
contain anything leading to an abusive or unethical use of the Web Hosting
Service, the Host Server or the Developer. Abusive and unethical materials and
uses include, but are not limited to, pornography, obscenity, nudity, violations
of privacy, computer viruses, harassment, any illegal activity, spamming,
advocacy of an illegal activity, and any infringement of privacy..
Client hereby agrees to indemnify and hold harmless the Developer
from any claim resulting from the Client's publication of material or use of
those materials.
It is also understood that the Developer will not publish
information over the Internet which may be used by another party to harm
another. The Developer will also not develop a pornography or warez web site
for the Client. The Developer reserves the right to determine what is and is
not pornography.
Developer does not warrant the functions of the site will meet
Client’s expectations of site traffic or resulting business or that the
operation of the web pages will be uninterrupted and / or error-free. Developer is not be held responsible for
occasional downtime of email or web site due to line interruptions and/or other
instances beyond Developers control.
18. Indemnification. Client agrees that it shall defend, indemnify, save and hold the
Developer harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorney's fees associated with the Developer's
development of the Client's web site. This includes Liabilities asserted
against the Developer, it's subcontractors, it's agents, its clients, servants,
officers and employees, that may arise or result from any service provided or
performed or agreed to be performed or any product sold by the Client, its
agents, employee or assigns.
Client also agrees to defend, indemnify and hold harmless the
Developer against Liabilities arising out of any injury to person or property
caused by any products or services sold or otherwise distributed over the
Client's web site. This includes infringing on the proprietary rights of a
third party, copyright infringement, and delivering any defective product or
misinformation which is detrimental to another person, organization, or
business.
19. Rights Upon
Termination of Agreement. Developer shall transfer, assign and make available to Client all
property and materials in Developer's possession or subject to Developer's
control that are the property of Client, subject to payment in full of amounts
due pursuant to this Agreement
Developer also agrees to provide reasonable cooperation in
arranging for the transfer or approval of third party's interest in all
contracts, agreements and other arrangements with advertising media, suppliers,
talent and others not then utilized, and all rights and claims thereto and
therein, following appropriate release from the obligations therein.
In the event the Client terminates this contract by registered
letter within 30 days, 50% of down payment will be refunded. Work completed
shall be billed at the hourly rate stated in Appendix A, and deducted from 50%
of the down 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. No portion of this initial payment will
be refunded unless written application is made within 30 days of signing this
contract.
Refund request must be submitted by registered letter to OneWay
Advertising, P.O. Box 1170, Columbia Falls, Montana 59912.
20. Default. In the event of any default of any material obligation by or owed
by a party pursuant to this Agreement, then the other party may provide written
notice of such default and if such default is not cured within ten (10) days of
the written notice, then the non-defaulting party may terminate this Agreement.
21. Notices. Any notice required by
this Agreement or given in connection with it, shall be in writing and shall be
given to the appropriate party by personal delivery or by certified mail,
postage prepaid, or recognized overnight delivery services.
22. 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 Developer and its subcontractors
from any claim, suit, penalty, tax, or tariff arising from the Client’s
exercise of Internet electronic commerce.
23. Ownership to Web
Pages and Graphics. Copyright to the finished assembled work of web pages and
graphics produced by the Developer shall be vested with the Client upon final
payment for the project. This ownership is to include, design, photos,
graphics, source code, work-up files, text, and any program(s) specifically
designed or purchased on behalf of the Client for completion of this project.
Rights to photos, graphics, computer programs are specifically not
transferred to the Client, and remain the property of their respective owners.
Developer and its subcontractors retain the right to display all designs as
examples of their work in their respective portfolios.
24. Litigation. Any disputes arising form
this contract will be litigated or arbitrated in Flathead County, Montana. This agreement shall be governed and
construed in accordance with the laws of the State of Montana, USA.
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 both parties. Any changes or modification thereto must be
in writing and signed by both parties.
25. Payment of Fees. A minimum deposit of fifty
percent (50%) is required to commence work.
Fees to Developer are due and payable on the following schedule:
50% upon signing of contract, 25% after first stage of site is completed and
approved and the balance upon page completion, but prior to delivery /
uploading. If the total amount of this contract is less than $700, the total
amount shall be paid upon signing of contract and any additional costs incurred
during development will be invoiced at the completion of the web site.
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.
Developer reserves the right to remove web pages from viewing on
the Internet until final payment is made. If a payment delay is anticipated,
please contact the Developer immediately for an alternative arrangement. In case collection proves necessary, the
Client agrees to pay all fees incurred by that process. This agreement becomes
effective only when signed by Developer. Regardless of the place of signing of
this agreement, the Client agrees that for purposes of venue, this contract was
entered into in Flathead County, Montana, and any dispute will be litigated or
arbitrated in Flathead County, Montana
26. Sole Agreement. The agreement contained in this "Web Site Design
Contract" constitutes the sole agreement between Developer and the Client
regarding this web site. Any additional work not specified in this contract,
Appendix A or Appendix B must be authorized by a written change order. All
prices specified will be honored for 30 days after both parties sign this
contract. Continued services after that time will require a new agreement.
This agreement constitutes the entire understanding of the Developer
and Client. This agreement terminates and supersedes all prior understanding or
agreements on the subject matter hereof.
Any changes or modification thereto must be in writing and signed by
both parties
27. Initial Payment
and Refund Policy.
The total amount of this contract is $______________
This agreement begins with an initial down payment of
$_____________.
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 Developer (authorized signature)
_______________________________________ Date ________________