Definition of Informational page
The content of the page will and can contains Text, graphics and links. Anything else that requires script programming to achieve a specific purpose will incur additional cost based on the job. You are allowed one form (Free of charge) which does not count as an informational page.
Corporate Web Design Package only
The content of the web pages will be supplied by the Client and executed as specified by the Client. This Corporate web Design includes up to 10 web pages. In case the Client desires additional standard web pages beyond the original number of pages specified above, the Client agrees to pay the Developer $65 for each additional page.
Client Amends / Changes
Prowebb prides itself in providing excellent customer service. That is the spirit of our agreement and the spirit of the Developer's business. To that end, we encourage input from the Client during the design process.
The Developer understands, however, that Clients may request significant design changes to pages that have already built to the Client's specification. To that end, please note that our agreement does not include a provision for significant page modification or creation of additional pages in excess of our agreed page maximum. If significant page modification is requested after a page has been built to the Author's specification, we must count it as an additional page.
Some examples of significant page modification at the request of the Client include:
- Developing a new table or layer structure to accommodate a substantial redesign at the Client's request.
- Recreating or significantly modifying the company logo graphic at the Client's request.
- Replacing more than 75% of the text to any given page at the Client's request.
- Creating a new navigation structure or changing the link graphics at the Author's request.
- Significantly reconfiguring the Client's shopping cart with new product, shipping or discount calculation if an e-commerce enabled site has been selected by the Client.
Clients who anticipate frequently changing the look of their site during the design process and Clients who desire to be intricately involved design of each page are encouraged to negotiate an agreement which exceeds the page maximum. If significant page modification is requested by the Client after the page maximum has been reached a Change Request with estimated costs will be submitted for Client approval prior to changes being done. Moderate changes, however, will always be covered during our development of the site.
We offer unlimited revisions until satisfaction on our logo design services. All revisions to the design must be reported within 14 days. The design must not take longer then 30 days to complete. Failure to respond within 30 days will result in project closure and $75 will be required before we can proceed further. All the work that we do is permanently stored on our server. In case of file damage or loss, you can re-order a copy of your logo for a small fee of $25.
Third Party or Client Page Modification
Some Clients will desire to independently edit or update their web pages after completion of the site.Note however, Developer is not responsible for any damage created by the Client or agent of the Client.
The Client agrees to select a web hosting service that allows access to the web site and a cgi-bin directory via FTP and telnet, PHP, Mysql. The Client further understands that if the web hosting service's operating system is not a Unix system, standard CGI software may not work. We deal with liquidweb inc. They support our progaming and script languages. They offer quality servers and great customer support.
Work Schedule and Completion Date (web design)
Prowebb to submit a layout Draft of web site no later than twenty (20) days after we receives signed agreement. Client to provide Developer with all the data needed to complete web site, including text, company logo, and any graphics within 12 days. Upon completion of the web site, an e-mail or letter will be sent to the Client advising the Client that the work has been completed.
Revisions after completion - Grace Period
This agreement includes revisions and maintenance to informational pages for the period of 2 weeks after project completion That includes updating links and making minor revisions to text and content. Changes requested by the Client beyond those limits will incur additional cost to be determined. This rate shall also apply toward additional work authorized beyond the maximums specified above for such services as: general Internet orientation education, marketing consulting, web page 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 web page editor.
Extended Maintenance Contracts
Terms for Maintenance Contracts are listed using one of two methods. The Monthly “Flat Rate” Maintenance Contract, payable each month, involves unlimited updates to any informational page on the site. The “Flat Rate” Agreement is payable each month, whether the time is used or not. Cost: $200/mo. The “As Needed” Maintenance Contract offers cost savings on sites with little to no changes. Charges incur when Client requests a change – Cost will be determined depending on the work to be done.
Copyrights and Trademarks
The Client represents to Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Developer 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 Developer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
Warranties and Liability
Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or the Developer. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy.
Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client's publication of material or use of those materials.
It is also understood that the Developer will not publish information over the Internet which may be used by another party to harm another. The Developer will also not develop a pornography or warez web site for the Client. The Developer reserves the right to determine what is and is not pornography. Developer does not warrant the functions of the site will meet Client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and / or error-free. Developer is not be held responsible for occasional downtime of email or web site due to line interruptions and/or other instances beyond Developers control.
Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with the Developer's development of the Client's web site. This includes Liabilities asserted against the Developer, it's subcontractors, it's agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns. Client also agrees to defend, indemnify and hold harmless the Developer against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client's web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
Rights Upon Termination of Agreement
Prowebb shall transfer, assign and make available to Client all property and materials in Developer's possession or subject to Developer's control that are the property of Client, subject to payment in full of amounts due pursuant to this Agreement
Prowebb also agrees to provide reasonable cooperation in arranging for the transfer or approval of third party's interest in all contracts, agreements and other arrangements with advertising media, suppliers, talent and others not then utilized, and all rights and claims thereto and therein, following appropriate release from the obligations therein.
In the event the Client terminates this contract by registered letter within 7 days, 50% of the payment will be refunded. Work completed shall be billed at the hourly rate of $45 and deducted from 50% of the 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. No portion of this initial payment will be refunded unless written application is made within 7 days of signing this contract.
In the event of any default of any material obligation by or owed by a party pursuant to this Agreement, then the other party may provide written notice of such default and if such default is not cured within ten (10) days of the written notice, then the non-defaulting party may terminate this Agreement.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services.
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 Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet electronic commerce.
Ownership to Web Pages and Graphics
Copyright to the finished assembled work of web pages and graphics produced by the Developer shall be vested with the Client upon final payment for the project. This ownership is to include, design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of the Client for completion of this project.
Rights to photos, graphics, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Retain the right to display all designs as examples of their work in their respective portfolios.
This agreement shall be governed and construed in accordance with the laws of the State of California, USA. Undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of both parties. Any changes or modification thereto must be in writing and signed by both parties.
Payment of Fees
Fees to Developer are due and payable on the following schedule: 50% upon signing of contract and 50% prior to job completion and delivery / uploading of the site. If the total amount of this contract is less than $700, the total amount shall be paid upon signing of contract and any additional costs incurred during development will be invoiced at the completion of the web site.
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. Prowebb reserves the right to remove web pages from viewing on the Internet until final payment is made. If a payment delay is anticipated, please contact the Developer immediately for an alternative arrangement. In case collection proves necessary, the Client agrees to pay all fees incurred by that process.
The agreement contained in this "Web Site Design Contract" constitutes the sole agreement between Prowebb 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 will be honored for 30 days after both parties sign this contract.
This agreement constitutes the entire understanding of the Developer and Client. This agreement terminates and supersedes all prior understanding or agreements on the subject matter hereof. Any changes or modification thereto must be in writing and signed by both parties