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 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.