Our
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:
Last Revised - 11/20/2007
1.
Authorization.
The above-named client is engaging CYoungs Web Services, a
sole proprietor, located at 8401 Gulf Road, North East, PA
16428 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 CYoungs Web
Services to access this account, and authorizes the web
hosting service to provide CYoungs Web Services 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
CYoungs Web Services to publicize their completed website to
Web search engines, as well as other Web directories and
indexes.
2.
Standard Website Package Elements.
CYoungs Web Services 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 their own webpage
editor. Additional education and consultation is at our
hourly rate.)
-
Words of text
supplied by the client (200 words per page approximate
maximum if not supplied via diskette. 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 an average of 2.5 per page.
-
Custom Graphics Package.
Masthead graphic 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 other misc. graphic images
supplied by client (up to an average of 1.3 included per
page in standard websites and "regular" online store
pages, in addition to masthead and top-of-page graphic.
Color originals larger than 5" x 8" are extra).
-
Installation
of webpages on the client's web hosting service.
-
Minor updates and changes
to existing webpages for three 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.
-
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 CYoungs Web
Services
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.
4.
Maintenance and Hourly Rate.
This agreement includes minor webpage maintenance to regular
webpages (not store product pages) over a one-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 CYoungs Web Services
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 one-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 $ ___. 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, and helping
clients learn how to use their own webpage editor.
5.
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.
6. 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 CYoungs
Web Services full access to the website and a cgi-bin
directory via FTP and telnet.
7.
Completion Date.
CYoungs Web Services 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 CYoungs Web Services complete text
and graphics content all webpages 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.
8.
Payment of Fees.
Fees to
CYoungs Web Services 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 $400, 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.
9. No returns.
CYoungs Web Services will not return collected fees for
services except for the 30 day money back guarantee as
outlined below.
10. 30 days money back guarantee.
CYoungs Web Services will refund all fees collected for shared
hosting services only within 30 days from the initial
subscription date only if CLIENT is not completely satisfied
with the service. This does not include any additional add
on services such as domain name registrations, SSL
certificates, web design, dedicated servers, managed
services, etc.
11. Cut off period for billing errors.
90 days cut off period is set for billing error claims.
CLIENT agrees that he has no rights to claim any billing
errors for period earlier than 90 days from the date of the
claim. All bills are final after 90 days.
12.
Assignment of Project.
CYoungs Web Services reserves the right to assign
subcontractors to this project to insure the right fit for
the job as well as on-time completion.
13.
Legal Stuff.
CYoungs Web Services 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. The entire
risk as to the quality and performance of the webpages and
website is with client. In no event will CYoungs Web
Services
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 CYoungs Web Services 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.
14.
Copyrights and Trademarks.
The client represents to CYoungs Web Services and
unconditionally guarantees that any elements of text,
graphics, photos, designs, trademarks, or other artwork
furnished to CYoungs Web Services 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 CYoungs Web Services
and its subcontractors from any claim or suit arising from
the use of such elements furnished by the client.
15. 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 CYoungs Web Services and its
subcontractors from any claim, suit, penalty, tax, or tariff
arising from the client's exercise of Internet electronic
commerce.
16.
Copyright to Webpages.
Copyright to the finished assembled work of webpages
produced by CYoungs Web Services is owned by CYoungs Web
Services. 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. CYoungs Web
Services and its subcontractors retain the right
to display graphics and other Web design elements as
examples of their work in their respective portfolios.
17.
Payment of fees.
In order for CYoungs Web Services 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. CYoungs Web Services
reserves the right to remove webpages 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 CYoungs Web Services. Regardless of the place of
signing of this agreement, the client agrees that for
purposes of venue, this contract was entered into in Erie
County, Pennsylvania and any dispute will be litigated or
arbitrated in Erie County, Pennsylvania. Please pay on time.
18.
Sole Agreement.
The agreement contained in this "Website Design Contract"
constitutes the sole agreement between CYoungs Web Services
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 |