Resources: Web Site Design Contract

The following will help you think through your needs as well as give me the information I need to get started on building a website for you. Copy the information within this page to your email program and fill in the areas requested. Then email to me at 3 Click Designs.

Used in conjunction with the Website Planning Worksheet which should also be printed out by the client.

Contact Name ______________________________
Phone ___________ FAX ___________
Company/Client _____________________________
Address ________________________________
City ____________________ State ____ ZIP ____ Country ___
E-mail address _________________________

Present WWW URL (if any):

_______________________________________________

My desire is to delight the client. One way is to make clear our understandings with each other. These are the terms of our agreement together:

1. Authorization.

The above-named client is engaging Mark Palmerlee DBA 3 Click Designs, a sole proprietor, mailing address at P.O. Box 4911, Hilton Head Island, SC 29938, 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 Mark Palmerlee DBA 3 Click Designs to access this account, and authorizes the web hosting service to provide Mark Palmerlee DBA 3 Click Designs 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 Mark Palmerlee DBA 3 Click Designs to publicize their completed website to Web search engines, as well as other Web directories and indexes.

2. Standard Website Elements.

Mark Palmerlee DBA 3 Click Designs includes the following elements in their Standard Website:

• 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 webpage editor. Telephone long distance charges are in addition to package rates quoted. Additional education and consultation is at our hourly rate.)
• Custom Graphics Package.
• Standard Compliant coding
• Installation of web-pages on your server.

The content of the web-pages will be supplied by the client and executed as specified by the client in the "Website Planning Worksheet" dated _______________. This website 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 Mark Palmerlee DBA 3 Click Designs an additional $_______ for each additional webpage. Graphics or photos beyond the allowed average of 1.3 per webpage 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.

Product web-pages, products, or photos added after the site is ready will be calculated for actual time spent at the hourly rate specified below.

3. Maintenance and Hourly Rate.

This agreement includes a discounted rate for minor web page maintenance to regular web pages (not store product pages), including updating links and making minor changes to a sentence or paragraph. If the client or an agent other than Mark Palmerlee DBA 3 Click Designs 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. Your discounted rate is $____ per hour.

Changes requested by the client beyond those limits will be billed at my hourly rate (please see site for current rates). 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 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.

4. 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.

5. Web Hosting.

The client understands that any web hosting services requires a separate contract with a web hosting service provider. The client agrees to select a web hosting service which allows Mark Palmerlee DBA 3 Click Designs full access to the website and a cgi-bin directory via FTP.

If you do not want to set one up, then Mark Palmerlee DBA 3 Click Designs can do so through Intermedia.net. If hosting on a monthly basis then the first and last month hosting will be collected up front. After that there will either be a monthly payment collected no later than the first of every month for that month starting on the first. Or a payment will be collected in full for a year of hosting in advance (twelve months). If the monthly payment falls behind after the first of the month, then last months hosting fee will go into place. If that happens, then you will owe for a new last month payment. If payment for the next month and new last month is not received by the 20 th then the account will be terminated. To reactivate the hosting account, it will cost a new setup fee plus first and last months hosting fees depending on your hosting plan.

6. Completion Date.

Mark Palmerlee DBA 3 Click Designs 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 Mark Palmerlee DBA 3 Click Designs 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 is advertised.

7. Payment of Fees.

Fees to Mark Palmerlee DBA 3 Click Designs 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 or signed with our reseller, the web-pages 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.

8. Assignment of Project.

Mark Palmerlee DBA 3 Click Designs reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

9. Legal.

Mark Palmerlee DBA 3 Click Designs 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 Mark Palmerlee DBA 3 Click Designs 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 Mark Palmerlee DBA 3 Click Designs 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.

10. Copyrights and Trademarks.

The client represents to Mark Palmerlee DBA 3 Click Designs and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Mark Palmerlee DBA 3 Click Designs 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 Mark Palmerlee DBA 3 Click Designs and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

11. 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 Mark Palmerlee DBA 3 Click Designs and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

12. Copyright to Web-pages.

Copyright to the finished assembled work of web-pages produced by Mark Palmerlee DBA 3 Click Designs is owned by Mark Palmerlee DBA 3 Click Designs. Upon final payment of this contract, the client is 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. Mark Palmerlee DBA 3 Click Designs and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

13. Payment of fees.

In order for Mark Palmerlee DBA 3 Click Designs 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. Mark Palmerlee DBA 3 Click Designs 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 Mark Palmerlee DBA 3 Click Designs. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Broward County, Florida, and any dispute will be litigated or arbitrated in Broward County, Florida. Please pay on time.

14. Process

The design process for the development of your website will be as follows.

• Initial design consultation - up to two hours at no charge
• Deposit will be made via Pay Pal
• Design process begins per specs given by you
• Mockup is presented for your review and revisions
• Revisions are made and mockup is represented
• Mockup is approved and moves to coding
• Coding of design is done and remitted for ONE run-through
• You remit any text changes and sign off
• You are invoiced the balance due
• Upon payment, files are remitted.

15. Sole Agreement.

The agreement contained in this "Website Design Contract" constitutes the sole agreement between Mark Palmerlee DBA 3 Click Designs 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 Mark Palmerlee DBA 3 Click Designs, mailing address at P.O. Box 4911, Hilton Head Island, SC 29938, 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.

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 Mark Palmerlee DBA 3 Click Designs (authorized signature)

_______________________________________
Date ________________

 

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