Our
desire is to satisfy 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 Stephanie
Beach
Charron, a
sole proprietor, located at 107 Circle Drive Jacksonville,
NorthCarolina 28540, as an
independent contractor for the specific project of developing and/or
improving a World Wide Web site to be
installed on the client's web space on an Internet Service Provider's
computer. The client hereby authorizes Stephanie Beach Charron to
access
this account, and authorizes the Internet Service Provider to provide
Stephanie Beach Charron with "write permission" for the client's
web page
directory, cgi-bin directory, and any other directories or programs
which need to be accessed for this project. The client also
authorizes Stephanie Beach Charron to publicize their completed Web
site to Web search engines, as well as other Web directories and
indexes.
2. Standard Web Site Package Elements.
Stephanie Beach Charron includes
the following elements in the Standard Web site packages:
E-mail/phone consultation (Up to 2 hours marketing and Web design
consultation. Telephone long distance charges are in addition to
package rates quoted.)
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 Web site.
Photos and other misc. graphic images supplied by client (up to an
average of 1.5 included per page in standard Web sites, 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 ISP host computer.
Minor updates and changes to existing Web pages for six months.
(Includes up to one hour per page total, subject to the limits outlined
below. Additional changes billed at hourly rate
Site publicity to either 200 or 500 search engines and directories
(depending upon package).
E-mail response link on each Web page to any e-mail address the client
designates.
Feedback or guestbook form (Basic CGI program included. Includes up to
20 fields. Extra charges may be incurred if the client's Internet
Service Provider does not use a Unix operating system. Not included in
the package price for sites smaller than 6 pages.
Image Map for internal navigation (Not included in the package price
for sites smaller than 6 pages.)
3.
Standard Web page packages only. The content of the Web pages
will be
supplied by the client and executed as specified by the client in
the
"Web Page Planning Worksheet" dated _______________. Notwithstanding
any prices listed in literature or on Web pages, the client
and Stephanie Beach Charron agree that the services described in this
contract shall be completed for $__________________ which shall
include
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 Stephanie Beach Charron an additional
$_______ for each additional Web page. Graphics or photos beyond
the
allowed average of 1.5 per Web page 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.
Notwithstanding
any prices listed in literature or on Web pages, the client and
Stephanie Beach Charron 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.
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.
4. Special Instructions. The
space below describes any changes the
client desires from the services outlined above:
Extra form $_______
Animated GIFs $_______
Banner $_______
Other: describe ______________$_______
5.
Maintenance and Hourly Rate. This agreement includes Web page
maintenance to regular Web pages over a six-month period up to an
average
of one hour per regular page, 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 Decent Exposure 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 marketing consulting, Web page design, editing,
modifying product pages and databases in an on-line store, and art,
photo, and graphics services.
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.
ISP. The client understands that any Internet Service Provider
(ISP)
services require a separate contract with the ISP of the client's
choice.
The client agrees to select an ISP which allows Stephanie Beach Charron
full access to the Web site and a cgi-bin directory via FTP and
telnet.
The client further understands that if the ISP's operating system is
not a Unix system, the response form software will not work, and
providing a substitute will incur additional charges.
8. Completion Date. Stephanie
Beach Charron and the client must work
together to complete the Web Site in a timely manner. I agree to
work
expeditiously to complete the Web Site no later than
_________________________. To avoid additional fees the client must
supply
Stephanie Beach Charron the complete text and graphics content for the
Web site within three months.
9. Payment of Fees. Fees to
Stephanie Beach Charron 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. In
case the client has not secured Web space on an Internet Service
Provider
computer 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
US
funds. If the client does not supply Stephanie Beach Charron 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 Web site is
advertised.
10.
Assignment of Project. Stephanie Beach Charron 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. Stephanie
Beach Charron does not warrant that the
functions contained in these Web pages or the Internet Web site 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 Web site is with the client. In no event will
Stephanie Beach Charron 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 Web site, even if Stephanie
Beach Charron has been advised of the possibility of such damages.
12. Copyrights and Trademarks.
The client represents to Stephanie Beach
Charron and unconditionally guarantees that any elements of
text,
graphics, photos, designs, trademarks, or other artwork furnished to
Stephanie Beach Charron 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
Stephanie Beach Charron and her 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 Stephanie Beach Charron and her 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 Stephanie Beach Charron is owned by
Stephanie Beach Charron. Upon final payment of this contract, the
client is assigned
rights to use as a Web site the design, graphics, and
text contained
in the finished assembled Web site. 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. Stephanie Beach Charron and her 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 Stephanie Beach Charron 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.
Stephanie Beach Charron 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 Stephanie
Beach Charron. Regardless of the place of signing of this
agreement,
the client agrees that for purposes of venue, this contract was entered
into in Onslow County, North Carolina, and any dispute will
be litigated or arbitrated in Onslow County, North Carolina. Please pay
on time.
16. Sole Agreement. The
agreement contained in this "Web Page Design
and Maintenance Agreement" constitutes the sole agreement
between Stephanie Beach Charron and the client regarding this Web site.
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.
17.
Initial Payment and Refund Policy. This agreement begins with an
initial payment of $_____________. If the client halts work and applies
for a refund within 30 days, to Stephanie Beach Charron, 107 Circle
Drive Jacksonville, NC 28540 phone (704)
200-7522, 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.
On behalf of the client:
_______________________________________ Date ________________
On behalf of Stephanie Beach Charron
_______________________________________ Date ________________
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Copyleft Stephanie
Beach Charron 107
Circle Drive,
Jacksonville, North Carolina 28540
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