1. Authorization. The
above-named client is engaging United Concept Solutions Services, a sole
proprietor, located at ... 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 United Concept Solutions to access this account, and authorizes the
web hosting service to provide United Concept Solutions 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 United Concept Solutions 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.) United Concept Solutions includes the
following elements in their Standard Website Packages:
~ E-mail/phone consultation; (Up to 2 hours total general Internet orientation
education, marketing strategy, Web design consultation, and helping clients
learn to use the navigation and functions of the website. Telephone long
distance charges are in addition to package rates quoted. Additional education
and consultation is at our hourly rate.)
~ Words of text supplied by the client; WebPages of more than 1,200 words of
text may be subject to additional fees, especially if they require a great deal
of formatting.
~ Links to external pages, up to 15 per page.
~ Custom Graphics Package; Graphics on first page (simple custom graphic
incorporating company logo). Top-of-page graphic for all other pages in your
website. Colorful lines and bullets, and colored and textured background.
~ Photos and Photo gallery; Photo gallery can have up to 50 total photos.
(Additional Photo galleries can be purchased at extra charge)
~ Installation of WebPages on the client's web hosting service.
~ Minor updates and changes to existing WebPages for six months, subject to the
limits outlined below. Additional changes billed at hourly rate. For online
stores, this includes only "regular" pages, not product pages or the ordering
system pages.
~ Site publicity to at least a ½ dozen major Web search engines, such as Yahoo,
AltaVista, InfoSeek, WebCrawler, Lycos, HotBot, etc.
~ E-mail response link on each webpage to any e-mail address the client
designates.
~ Feedback or guest book form; (Basic CGI program included. Includes up to 20
fields. Extra charges may be incurred if the client's web hosting service does
not use a Unix operating system. Not included in the package price for sites
smaller than 6 pages. This is not included in online stores, since the shopping
cart software is a functional equivalent.)
~ Image Map for internal navigation; (Not included in the package price for
sites smaller than 6 pages.)
3. Standard Website Packages only. 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 United
Concept Solutions an additional $ 100.00 for each additional webpage. Where
custom graphic work (beyond the scope of the " United Concept Solutions
Packages") 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 WebPages will
be supplied by the client and executed as specified by the client. 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 Wilson Internet Services 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
Wilson Internet Services 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.) 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 including removing nearly all the text from a page and
replacing it with new text. If the client or an agent other than United Concept
Solutions 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 _$35.00_. 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, 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 substantive 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 United Concept Solutions full access
to the website 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.
8. Completion Date. United Concept Solutions 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
____________.
9. Payment of Fees. Fees to United Concept Solutions 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 $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 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.
If a down payment is made and client does not pay balance in full by Completion
Date; a 21 Day grace period will be issued. After the grace period client
will be issued a breach of contract notification. Within 72 hours the project
will be terminated and all down payment and or deposits will not be refunded.
10. Assignment of Project. United Concept Solutions reserves the right to
assign subcontractors to this project to insure the right fit for the job as
well as on-time completion.
11. Legal Stuff. United Concept Solutions does not warrant that the
functions contained in these WebPages or the Internet website will meet the
client's requirements or that the operation of the WebPages will be
uninterrupted or error-free. In no event will United Concept Solutions 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
United Concept Solutions 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.
12. Copyrights and Trademarks. United Concept Solutions is not
responsible for any content origin or legal rights concerning content submitted
by the client. Client is Solely responsible for any legal in fragments as a
result of submitted content and unconditionally guarantees that any elements of
text, graphics, photos, designs, trademarks, or other artwork submitted to
United Concept Solutions 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 United Concept Solutions
and its subcontractors from any claim or suit arising from the use of such
elements furnished by the client.
13. 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 United
Concept Solutions and its subcontractors from any claim, suit, penalty, tax, or
tariff arising from the client's exercise of Internet electronic commerce.
14. Copyright to WebPages. Copyright to the finished assembled work of
WebPages produced by United Concept Solutions is owned by United Concept
Solutions. 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. United Concept Solutions and its
subcontractors retain the right to display graphics and other Web design
elements as examples of their work in their respective portfolios.
15. Payment of fees. In order for United Concept Solutions to remain in
business, payments must be made promptly. United Concept Solutions reserves the
right to remove WebPages from viewing on the Internet until final payment is
made. This agreement becomes effective only when signed by United Concept
Solutions. Please pay on time.
16. Sole Agreement. The agreement contained in this "Website Design
Contract" constitutes the sole agreement between United Concept Solutions 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.
18. 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 request a refund within 30 days, 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.