Web Site Design
Project Contract
[Package Type]
Client Information:
[Name]
1.
Authorization. The above-named Client (hereinafter referred to as
"Client") is engaging ACN Web Designs, (hereinafter referred to as
" ACN Web Designs "), as an independent contractor for the specific
purpose of designing a World Wide Web site (hereinafter 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, hereinafter
refer to as "Hosting Service", or provided on CD ROM at the
Client's option. The Client hereby authorizes ACN Web Designs to access this
account, and authorizes the Hosting Service to provide ACN Web Designs and its
employee, Clint Priebe, 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 ACN
Web Designs to submit the completed Web Design Project to major Web Search
Engines.
2. Development. This Web Design Project will be
developed using Macromedia Dreamweaver MX, Flash MX.
·
Browser Compatibility - Designing a web site to fully work in multiple browsers
(and browser versions) can require considerable, extra effort. It could also
involve creating multiple versions of code/pages. ACN Web Designs represents
and warrants that the web site we design for you will work in:
§
Microsoft®
Internet Explorer versions 3 and up
§
Netscape
Navigator/Communicator version 3 and up
While ACN Web Designs will make
reasonable efforts to design a fully-functional web site, ACN Web Designs
warrantee does not cover AOL, text-based browsers or requested special effects
that we have advised you against.
·
Accessibility for People with Disabilities – ACN Web Designs standard is to
meet at least half the currently recommended guidelines for web site
development. Without sacrificing quality and design, we try to ensure that the
content and functions we build into our web sites are available to all
visitors.
3. Assignment
of Web Design Project.
ACN Web Designs 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 Clint Priebe and/or
ACN Web Designs 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 Clint
Priebe and ACN Web Designs 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 over a 12 month
period, up to an average of one half hour per regular web page, including
updating links and making minor changes to a sentence or paragraph. It does not
include replacing nearly all the text from a page with new text, major page
reconstruction, new pages, guestbooks, discussion
webs, navigation structure changes, attempted updates by Client repairs or Web
Design Projects delivered to Client via diskette or CD
6. Completion
Date. ACN Web
Designs 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 ACN Web Designs with complete text and graphics content
for this Web Design Project within 45 days of the effective date of the
agreement, the entire deposit amount of the agreement shall be retained by ACN Web Designs as liquidated damages and the
contract shall become null and void, at ACN Web Designs’ option, unless the Web Design Project is cancelled 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 CD ROM upon the receipt of full
payment. The Client understands that ACN Web Designs provides hosting services
in connection with this Web Design Project unless otherwise agreed upon. Client
provided hosting services require a separate contract with the hosting service
of the Client's choice. The Client agrees to select a hosting service which
allows ACN Web Designs full access to the Client's account via FTP. The Client
will be solely responsible for any and all hosting service charges.
·
Publishing:
1) If the Client provided hosting service has FTP extensions installed and the
extensions are not configured correctly to support publishing/FTP, ACN Web
Designs charges at its then hourly rate for the effort involved to resolve
whatever problems may arise.
·
CD ROM: The
Client assumes all responsibility for the use and functionality of the Web
Design Project.
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 Clint Priebe
and ACN Web Designs 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 ACN Web Designs
will be owned by Clint Priebe and/or ACN Web Designs. 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. ACN Web Designs 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 ACN Web Designs' Design Services Web Site.
10. Payments. Payments must be made promptly
based on the terms of this Web Site Design Project. ACN Web Designs reserves
the right to remove any Web Design Project from viewing on the Internet until
final payment is made. In case collection proves necessary, (including all
attorney’s fees and court costs) incurred by that process. This agreement
becomes effective only when signed by ACN Web Designs. Regardless of the place
of signing of this agreement, the Client agrees that for purposes of venue,
this agreement was entered into in
A) Renewal of Web Hosting / Domain Name. Payments
must be made by the due date after receiving notification of fees due. Payments
that are not received by the due date will be subject to a late fee of 10%. ACN
Web Designs reserves the right to remove any Web Design Project from viewing on
the Internet until full payment is made. If the client does not wish to renew
their web services, notification must be received in writing no less than 7
days prior to the due date. In the case the client fails to provide
cancellation of services in the terms stated, ACN Web Designs will assume the
client is renewing services and the Client agrees to pay all fees as stated
herein.
11. Payment
Schedule. Payment
for services provided hereby shall be made in accordance with the conditions
contained in this contract and Attachment A, attached hereto and made a
part of this agreement hereof. Notwithstanding any prices listed in literature
or on Web pages, the Client and ACN Web Designs agree that the services
described in this contract, and Attachment A, shall be completed for $_______.
The Client agrees to pay to ACN Web Designs an initial, non-refundable deposit
of $_______ (normally, 30% of the estimated total cost or a minimum of
$400.00) 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.
12. Legal
Notice.
Notwithstanding anything to the contrary contained in this contract, neither
ACN Web Designs 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 Clint Priebe and/or ACN Web
Designs 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 ACN Web Designs has been advised of the
possibility of such damages.
13. This
Agreement. This
agreement constitutes the sole agreement between ACN Web Designs 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 ACN Web Designs. 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.
AGREED TO:
Client
By_____________________________________
Date ________________
Name:
Title:
Address:
Social Security/Tax I.D. Number:
Duly Authorized
ACN Web Designs
By_____________________________________
Date ________________
Clint Priebe
It’s Authorized Representative