Contract TermsAuthorization The Client is engaging Four Summits Web Services, LLC as an independent contractor for the specific purpose of developing, improving and/or maintaining a World Wide Web site to be installed on the client's web space located on an Internet Service Provider's (ISP) server.
The Client will hereafter be referred to as "client" and Four Summits Web Services, LLC will be referred to as the "developer."
The client will establish a separate contract with an Internet Service Provider (ISP) for hosting, or at the client's request, the developer will establish one for the client. The client hereby authorizes the developer to access this account, and authorizes the Host Provider to provide the 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.
Domain RegistrationThe developer will secure a domain name (www.yourname.com) for the client at the client's request. All charges incurred in doing so will be billed to the client. These charges are Internic (Internet Network Information Center) 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.Text/ContentAll text and content including pictures, and other graphics will be supplied by the client unless otherwise specified. This information will be provided in electronic format.Browser CompatibilityThis agreement specifies the creation of a web site viewable by Foxfire, Opera, and Microsoft Internet Explorer. Compatibility is defined as all critical elements of each page being viewable in both browsers. Client is aware that some advanced techniques on the Internet 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 backward compatible. Time spent redesigning a site for compatibility due to the introduction of a new browser version will be charged at the standard fee of the current hourly rate, unless a maintenance contract has been agreed upon.GraphicsIt is agreed that the developer receive from the client all the graphic elements necessary to complete the client's web site, unless otherwise indicated by the client. These graphics shall be provided in electronic format. There will be an additional charge if graphics scanning is required. All photos/images will be provided by the client in electronic format. The client is responsible for any necessary photography.FormsThis contract contemplates one basic form embedded on the client's web site with the data captured in the 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 by the developer at the client's request, the charge for the script, if any, will be billed back to the client.Payment TermsPayment will be accepted by check, money order, or online payment. A 33.3% deposit will be required prior to the development of a mock-up of the web site. Communication between the developer and the client is crucial during this phase to ensure that the end product will match the client's taste and needs. Upon completion of this mock-up phase, the client will be asked to confirm acceptance of the basic design via email or by signing a printed copy of the design. Once this acceptance and another 33.3% deposit has been received, work will begin on the completion phase of this project. Communication will continue during this completion phase. The client will be asked to view updates and express their preferences or dislikes to the developer. Upon completion of the web site, an email or letter and invoice will be sent to the client advising the client that the work has been completed. Final payment of the remaining bill will be due within 15 business days of delivery of this email or letter. Once final payment is made, the web site will be deployed to the host server.MaintenanceShould revisions to the web site be requested after completion of the web site, maintenance fees will be billed at the standard current hourly rate.CD BurningThe developer will burn one copy of the client's web site onto a CD at the client's request upon completion of the site. Additional copies of the CD will be available at a cost of $25 each.Search Engine OptimizationThe developer will optimize the client's web site with agreed upon, appropriate titles, keywords, descriptions and text so that the site the client's web site is ready for submission to the major search engines and directories. Additional ExpensesClient agrees to reimburse developer for any critical client-requested expenses necessary for the completion of the web site. Examples are:
Copyrights and TrademarksThe client represents to the developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the developer for inclusion in the client's web site are owned by the client, or the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the developer from any claim or suit arising from the use of such elements furnished by the client.AgeThe client certifies that he or she is at least 18 years of age and is legally capable of entering into a contract.Limited LiabilityClient 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 web site for the client. The developer reserves the right to determine what is and what is not pornography.IndemnificationClient 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, 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, employees 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.Ownership to Web pages and GraphicsCopyright to the finished assembled work of web pages produced by the developer and graphics shall be vested with the client upon final payment for the project. This ownership is to include: design, photos, graphics, source code, work files and text specifically designed or purchased on behalf of the client for completion of this project.Design CreditClient agrees that the developer may put a byline on the bottom of their web pages establishing design and development credit. Client also agrees that the web site created for the client may be included in the developer's portfolio.NondisclosureThe developer agrees that, except as directed by the client, it will not at any time during or after the term of this Agreement disclose any confidential information to any person whatsoever. Likewise, the client agrees that it will not convey any confidential information obtained about the developer to another party.Completion DateThe developer and client will work together to complete the web site in a timely manner for both parties.CancellationCancellation of the project at the request of the client must be made by certified letter. The developer reserves the right to retain the original deposit. If this deposit is not sufficient to cover the time and expense already invested in this project, the client will be billed and final payment will be expected within 15 days of billing. |
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