Webnet-pt.net
Website Design Contract
Contact Name___________________
Phone___________ FAX_____________
Company/Client_______
Address__________________________________________
City____________________
State_____
ZI P_____
Country______________________
E-mail address________________________
Present WWW URL (if any):
Username________________
Password_______________________
(Your Hosting Account)
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 Webnet-pt.net Internet Services, a sole
proprietor, located at
Rua
Antonio
Dias
Cordeiro
3,
3B,
8500-559 Portimγo,
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 Webnet-pt.net Internet Services to access this account, and
authorizes the web hosting service to
provide Webnet-pt.net Internet 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 Webnet-pt.net
Internet Services 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.)
Webnet-pt.net Internet 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. 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. 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 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
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 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, MSN, Google, 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____________ web pages.
In case the client desires additional standard web pages beyond the original number of pages specified above, the client agrees
to pay Webnet-pt.net Internet Services an additional _____ for each additional webpage.
Graphics or photos beyond the allowed average of 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.
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 "webpage 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 Webnet-pt.net Internet Services 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 Webnet-pt.net
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 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 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
Webnet-pt.net Internet Services 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 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
_______
.
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.
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
Webnet-pt.net Internet Services 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.
Webnet-pt.net Internet 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 Webnet-pt.net Internet Services 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.
9. Payment of Fees. Fees to Webnet-pt.net Internet Services 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 600, the total amount shall be paid upon signing this contract. I n 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 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 EUR funds.
10.
Assignment of
Project.
Webnet-pt.net Internet Services 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.
Webnet-pt.net Internet Services 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. I n no event will
Webnet-pt.net Internet 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
web pages or website, even if Webnet-pt.net Internet 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.
12.
Copyrights
and Trademarks.
The client
represents to Webnet-pt.net Internet Services and unconditionally
guarantees that any elements of text, graphics, photos, designs, trademarks,
or other artwork furnished to
Webnet-pt.net Internet Services 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 Webnet-pt.net
Internet Services 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 Webnet-pt.net
Internet Services 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 Webnet-pt.net
Internet Services is owned by Webnet-pt.net Internet 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. Webnet-pt.net Internet Service
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
Webnet-pt.net Internet 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.
Webnet-pt.net Internet Services reserves the right to remove web pages
from viewing on the Internet until final payment
is
made. I n case collection proves necessary, the client agrees to pay all
fees incurred by that process. This agreement
becomes effective only when signed by Webnet-pt.net Internet Services.
Regardless of the place of signing of this
agreement, the client agrees that for purposes of venue, this contract was
entered into in Portugal, Algarve, and any
dispute will be litigated or arbitrated in Portugal, Algarve. Please
pay on time.
16.
Sole
Agreement.
The agreement
contained in this "Website Design Contract" constitutes the sole agreement
between
Webnet-pt.net Internet 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.
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 applies by registered letter for a
refund within 30 days, to the Director of Webnet-pt.net Internet Services, P.O. Box 53, 8500-995 Portimγo 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.
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
Webnet-pt.net Internet Services (authorized signature)
_______________________________________ Date_________________