1. Authorization.
The named client is engaging HomeSite Web Design, as an independent
contractor for the specific web design project of developing and/or
improving a web site, hereinafter referred to as "web design
project" to be installed on the client's account on an Internet
Service Provider (ISP) / Web Presence Provider (WPP) computer,
hereinafter refer to as "Hosting Service". The client
hereby authorizes HomeSite Web Design Service to access this account,
and authorizes the Hosting Service to provide HomeSite Web Design Service
with "full access" to the client's account, and any
other programs needed for this web design project that are included
as part of the client's service agreement/level. The client also
authorizes HomeSite Web Design Service to submit the completed web
design project to major Web Search Engines.
2. Development.
The following is included in the quoted web design project rate:
Client Web Design Project Detail
Web Design Package Features
Web Design Additions or Options
Browser Compatibility
Designing a web site to fully work in multiple browsers (and browser
versions) can require considerable, extra effort. It could also
involve creating multiple versions of code/pages. HomeSite Web Design
Service guarantee that the web site we design for you will work
in:
Microsoft Internet Explorer versions 5 and up
Netscape Navigator/Communicator version 4 and up
If the client requires the implementation of DHTML then HomeSite Web Design Service guarantee that the web site we design for you will
work in:
Microsoft Internet Explorer versions 4 and up
Netscape Navigator/Communicator version 4 and up
While HomeSite Web Design Service will make every effort, always,
to design a fully functional web site, our guarantee does not
cover AOL, text-based browsers, or any requested special effect
that we have advised you against.
Accessibility for People with Disabilities
HomeSite Web Design Service standard is to meet as many as possible
of the currently recommended guidelines for web site development.
Without sacrificing quality and design, we try to ensure that
the content and functions we build into our web sites are available
to all visitors.
3. Assignment of web design project.
HomeSite Web Design Service reserves the right to assign subcontractors
to this web design project to insure that the terms of this agreement
are met as well as on-time completion.
4. Copyright and Trademarks.
The client unconditionally guarantees that any elements of text,
graphics, photos, designs, trademarks, or other artwork furnished
to HomeSite Web Design for inclusion in the web design project 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 HomeSite Web Design Service and its subcontractors
from any claim or suit arising from the use of such elements furnished
by the client.
5. Web Site Maintenance.
This agreement allows for minor web site maintenance to pages
over a 1-month period, up to an average of one half hour per regular
web site, including updating lines and making minor changes to
a sentence or paragraph. It does not include updating replacing
nearly all the text from a page with new text, major page reconstruction,
new pages, guest books, discussion webs, navigation structure
changes, attempted updates by client repairs or web design projects
delivered to the client via diskette. The period of 1 months begins
on the date the clients web design site has been published to
client's hosting service or 30 days from the date this agreement
was signed, which ever comes first. If the client's web design
package includes database access using Active Server Pages (ASP),
then very minor page code changes will be accepted under this
maintenance plan, major page code and/or database structural changes
will be charged at current hourly rates.
6. Completion Date.
HomeSite Web Design Service and the client must work together to complete
the web design project in a timely manner. We agree to work expeditiously
to complete the web design project no later than 30 days after
the client has submitted all necessary materials. If the client
does not supply HomeSite Web Design Service with complete text and
graphic content for this web design project within 45 days of
the date this agreement was signed, the entire amount of the agreement
becomes due and payable. If the client still has not submitted
all the required contents within 60 days after signing this agreement,
an additional continuation fee of 15% of the total agreement price
will be assessed for each month until the web design project is
published or the client cancels the web design project in writing.
7. Project Delivery.
The web site design project will be published to the client's
hosting service upon receipt of the second payment or delivered
via diskette upon receipt of full payment. The client understands
that HomeSite Web Design Service does not provide any hosting services
in connection with this web design project. Hosting services require
a separate contract with the HomeSite Web Design Service. The client
agrees to select a hosting service which allows HomeSite Web Design
Service full access to the client's account via FTP. The client
will be solely responsible for all hosting service charges.
Publishing:
If the hosting service has FrontPage 98 /2000/2002 extensions
installed, HomeSite Web Design Service will use FrontPage 98/2000/2002
to publish to the site.
If the hosting service does not have FrontPage 98 extensions
installed, HomeSite Web Design Service will use FTP to publish to the
site.
Diskette:
The client assumes all responsibility for the use and functionality
of the web design project.
8. Electronic Commerce Laws.
The client agrees that the client is solely responsible for complying
with such laws, taxes and tariffs, and will hold harmless, protect,
and defend HomeSite Web Design Service and its subcontractors from
any claim, suit, penalty, tax or tariff arising from the client's
exercise of Internet electronic commerce.
9. Web Design Project Copyright.
HomeSite Web Design Service owns copyright to the finished web design
site produced by HomeSite Web Design Service. The client will be assigned
rights to use the web design project as a web site, once final
payment under this agreement and any additional charges incurred
have been paid. 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.
HomeSite Web Design Service 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 copyright/legal page with a link to HomeSite Web Design
web site.
10. Payments.
Payments must be made promptly based on the schedule below. 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. HomeSite Web DesignService reserves
the right to remove any web design project 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
HomeSite Web Design Service. Regardless of the place of signing of
this agreement, the client agrees that for purposes of venue,
this agreement was entered into in San Marcos, California, US
and any dispute will be litigated or arbitrated in San Marcos
California, US. Please pay on time. Adding of Meta Tags (Description
and Keywords) and the submission of the web design project to
Web Search engines and updating only occur after the full final
payment is made. All payments will be made in US $ funds.
|
