WEB
DEVELOPMENT AGREEMENT
This Web Site Design Agreement (the “Agreement”) is made
and entered on __________, ________, by and between _________________________________
(“Client”) and Debbi Rigdon, d/b/a Virtual Goldmine, a sole proprietor, located
at 2680 Long Hollow Pike, Hendersonville, TN 37075 (“Designer”)
Client understands and agrees to
the following terms and authorizes Designer’s services:
Client agrees that Client is hiring Designer as an
independent contractor for the purpose of designing a World Wide Web site to be
published on a hosting and domain account on an Internet Service Provider
(ISP).
Client authorizes Designer to setup and/or access hosting
and domain accounts, or any other programs and/or accounts needed for this
web design project that are included as part of Client’s service requests.
Client’s hosting services require a separate agreement
with the hosting service of Client’s choice. Designer will recommend one but
Client agrees to make the final decision. Client will be solely responsible for
any and all annual hosting and domain service fees which are to be paid to
them.
Client also authorizes Designer to add
Copyrights and Trademarks
Client guarantees that any elements of text, graphics,
photos, designs, trademarks, or other artwork furnished to Designer for use in
the project are Client’s or that Client has permission from the rightful owner
to use each of these elements and will hold harmless, protect, and defend
Designer and its subcontractors from any claim or suit arising from the use of
such elements furnished by the client.
Website Maintenance
This agreement includes minor website maintenance over a
30 day period after completion of site which includes minor changes to
sentences or paragraphs but does not include replacing a large amount of text
from a page with new text, major page reconstruction, adding new pages, adding
additional pictures, changing approved art work; guest books; discussion webs,
navigation structure changes, or correcting/repairing attempted updates by
client which have caused problems in the website. Additional Maintenance
charges will apply for future changes and updates as needed. Designer is not
responsible for search engine page ranking and/or future search engine
submissions.
Completion Date
Once the project is scheduled to begin, Client agrees to
provide the materials (photos or text) Client wants used in a timely manner. Designer
agrees to work expeditiously to complete the project no later than 14 days
after Client has submitted all necessary materials. Client cooperation is key
to the scheduling of Designer’s other projects. Failure to maintain the work
pace because Client hasn't provided materials in a timely manner may result in
Designer having to set aside Client’s project for future scheduling. In that
event there will be a $50 reactivation charge every 30 days for the extra time
spent re-establishing the project flow unless otherwise agreed.
Project Delivery
Final payment is expected within 14 days of final
publication. If not received, it is possible Client’s website may be suspended
until payment is received, unless both parties have discussed it and have
agreed otherwise.
Electronic Commerce Laws
Client is solely responsible for complying with any laws,
taxes, and tariffs applicable in any way to the project or any other services contemplated
herein.
Copyright
Copyright to the finished assembled work of web pages
produced by Designer is owned by Designer upon final payment of this contract, at
which time 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. Designer and its subcontractors retain the right to display
graphics and other Web design elements as examples of their work in their
respective portfolios. All web design projects will contain a link to Designer’s
web site as the designer/author. In the event that Client decides to utilize an
outside Designer for future work to this web site but continues to use the
graphics and design elements as created, Client agrees to indicate “Site Design by Virtual Goldmine” and continues
to link to www.virtualgoldminegraphics.com.
Additionally, Client agrees to sign a supplied Letter of Release to be
returned to Virtual Goldmine.
Payments & Payment Schedule
Client agrees payments will be made promptly, and in the
event collection proves necessary, the client agrees to pay all fees (including
all attorney’s fees and court costs) incurred by that process.
Client and Designer will have already discussed the estimated
cost of Client’s project and Client agrees to pay Designer the customary
deposit (non-refundable) of 50% of the estimated total or the amount agreed
upon. Client understands that total fee
could fluctuate should there be any major changes to the final design and/or
its elements.
Initial Site contents:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
Estimated Total Fee: ____________________
Legal Notice
In no event will Designer 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 Designer 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.
CLIENT NOW STATES . . .
I have read and
understand this Agreement and want to proceed with beginning a web design
project. I agree to the terms, and conditions set forth above.
|
Client
Signature____________________________________ Date___________ |
|
Designer
Signature___________________________________
Date___________ |