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**** Suggestion **** Use your mouse
cursor to highlight the text in this document, then right
click on the highlighted area and click "Copy". Then
open a blank word processing document, go to and "Paste" the
content. Fill out the information and go to the "File"
option on the menu of your program and Click on "Send to".
Then select "Mail recipient". Email the document to
[email protected]
This agreement should be used in conjunction with the
Website Planning Worksheet
which should also be printed out
by the client. If you are ordering an online store, also
print out the Store Planning Worksheet.
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Contact Name ______________________________
Phone ___________ FAX ___________
Company/Client _____________________________
Address ________________________________
______________________________________________
City ____________________ State ____ ZIP ____ Country ___
E-mail address _________________________
Present WWW URL (if any):
_______________________________________________
Username ________________ Password ______________________
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:
1. Authorization. The above-named client is engaging
Eugene Sinclair, a sole proprietor, located at 1115 NW 10th
Ave. Gainesville, Florida 32609, 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 Eugene Sinclair to access
this account, and authorizes the web hosting service to
provide Eugene Sinclair 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 Eugene Sinclair 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.) Eugene Sinclair 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. 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 (200 words per page
approximate maximum if not supplied via diskette or email.
Web pages 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 3.5 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 web pages on the client's web hosting
service.
• Minor updates and changes to existing web pages 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.
• Site publicity to at least a dozen major Web search
engines, such as Google, 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. (Cross out this section
for online stores.) 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 25 web pages. In
case the client desires additional standard web pages beyond
the original number of pages specified above, the client
agrees to pay Eugene Sinclair an additional $50.00
for each additional webpage. Graphics or photos beyond the
allowed average of 1.3 per webpage shall be billed at an
additional $10.00 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. Online stores only. (Cross out this section for Standard
Website Packages.) The text and graphic content of the web
pages will be supplied by the client and executed as
specified by the client in the "Website Planning Worksheet"
dated _______________. and the Store Planning Worksheet
dated _____________. 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
Eugene Sinclair dated ____________ is attached to
this document and governs the prices for this contract.
Notwithstanding any prices listed in literature or on Web pages, the client and
Eugene Sinclair 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 (if any)
are in addition to package rates quoted. Additional
education and consultation is at our hourly rate of $55.00
per hour.)
Product web pages, 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 web pages (not store
product pages) over a three-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 Eugene Sinclair 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. The three-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 $ 55.00. 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, and helping
clients learn how to use their own webpage editor. CGI
programming charges (if any) are not included in this rate.
Any work requested after the termination of this contract
period will require signing a new supplementary contract or
paying a flat hourly rate of $120.00. Although we would love
to provide "quick fixes" and "favors" for our clients we are
unable, due to cumulative costs, to do this. If we make
exceptions for one client we have to for all clients and the
hours spent doing "small favors" and "real quick" updates
accumulates very rapidly resulting in financial losses and a
negative ROI we cannot afford.
6. 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.
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 Eugene Sinclair 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. Eugene Sinclair 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 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.
Please deliver your assets in a prompt manner to avoid this.
9. Payment of Fees. Fees to Eugene Sinclair 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 $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 web pages are completed, the web pages
may be delivered to the client on diskette or attached in
.zip or .rar format 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 made Payable to Jonathan Q Freeman.
10. Assignment of Project. Eugene Sinclair reserves
the right to assign subcontractors to this project to insure
the right fit for the job as well as on-time completion and
total customer satisfaction.
11. Legal: Eugene Sinclair 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 Eugene Sinclair 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 Eugene Sinclair 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. The client represents to
Eugene Sinclair and unconditionally guarantees that
any elements of text, graphics, photos, designs, trademarks,
or other artwork furnished to Eugene Sinclair 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
Eugene Sinclair 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 Eugene Sinclair and its subcontractors from
any claim, suit, penalty, tax, or tariff arising from the
client's exercise of Internet electronic commerce.
14. Copyright to Web pages. Copyright to the finished
assembled work of web pages produced by Eugene Sinclair is owned by
Eugene Sinclair. 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. Eugene Sinclair and its subcontractors retain the right to display
graphics and other Web design elements as examples of their
work in their respective portfolios. Client agrees to
provide a specified space for a link to the designers
website with notification of such (ie. Site Designed By
Internet Marketing and Web Design Studios, Jonathan Freeman or any such brand or name
under which Eugene Sinclair is doing business as.).
15. Payment of fees. In order for Eugene Sinclair
to remain in business, payments must be made promptly.
Delinquent bills will be assessed a $25 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.
Eugene Sinclair 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 Eugene Sinclair. Regardless of the place of signing of this
agreement, the client agrees that for purposes of venue,
this contract was entered into in Alachua County, Florida,
and any dispute will be litigated or arbitrated in Alachua
County, Florida. Please pay on time.
16. Sole Agreement. The agreement contained in this "Website
Design Contract" constitutes the sole agreement between
Eugene Sinclair and
______________________________________________ regarding
this website. Any additional work not specified in this
contract must be authorized by a written change order as
specified in section 5 paragraph 3. All prices specified in
this contract will be honored for three (3) months after
both parties sign this contract. Continued services after
that time will require a new agreement as specified in
section 5 paragraph 3.
18. Initial Payment and Refund Policy.
The total amount of this contract is $_____________ USD
This agreement begins with an initial payment of
$______________. If the client halts work and applies by
registered letter for a refund within 30 days, to the
Director of Internet Marketing and Web Design Studios, 1115 NW 6th Street Gainesville,
Florida 32609, phone (352) 335-5654, work completed shall be
billed at the hourly rate stated above and here ($
55.00/hr), 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 Internet Marketing and Web Design Studios (authorized signature)
_______________________________________ Date
________________
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