Below is our client contract. A "PDF" version of this contract is provided above.
Contact Name ______________________________
Phone _______________ FAX _________________
Company/Client _____________________________
Address ___________________________________
__________________________________________
City ____________________ State ____ ZIP ________ Country ________
E-mail address ____________________________
Present WWW URL (if any): _____________________________________
Username __________________ Password _______________________
1. Authorization. The above-named client is engaging E. Curtis Designs, a sole proprietor, located at 1624 Eldridge Ave., Sacramento, California 95815, as an independent contractor for the specific project of developing and/or improving a web site to be installed on the client's web space on a web hosting service's computer. The client hereby authorizes E. Curtis Designs to access this
account, and authorizes the web hosting service to provide E. Curtis Designs 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 E. Curtis Designs to publicize their completed web site to Web search
engines, as well as other Web directories and indexes.
2. Price Estimate and Hourly Rate. The estimated price of a web site design project is
based upon an hourly expectation of the design time required (billed at $35/hr unless otherwise specified) to complete the project. This estimation is provided upon the numbers of site pages needed, the degree of complexity of coding, the amount of graphical design work and editing necessary, text development and editing, and other design considerations. The price estimate will change dependent on additional pages needed or unexpected design requirements. If a price increases after an estimate has been provided the client will receive notification and a request of approval before development continues.
3. Web Hosting. E. Curtis Designs provides managed site hosting for a client as need for the cost of $50 to $100/yr. If the client hosts elsewhere they agrees to select a web hosting service which allows E. Curtis Designs full access to the web site and a cgi-bin directory via FTP. 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.
4. Completion Date. E. Curtis Designs and the client must work together to complete
the web site in a timely manner. The client agrees to work expeditiously to complete the web site If the client does not supply E. Curtis Designs complete text and graphics content all web-pages contracted for within six weeks of the date this contract was signed, the design project will be cancelled.
5. Payment of Fees. Fees to E. Curtis Designs are to be made payable to "E. Curtis Designs”, and are due and payable within 30 days upon site completion. 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 CD or hosted
for a limited time through E. Curtis Designs. 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 for some reason you are not completely satisfied with the
site construction E. Curtis Designs reserves the right to use the site for sample
purposes.
6. Assignment of Project. E. Curtis Designs reserves the right to assign
subcontractors to this project to insure the right fit for the job as well as on-time
completion.
7. Legal Stuff. E. Curtis Designs does not warrant that the functions contained in
these web-pages or the Internet web site and/or 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 client upon site acceptance and payment. In no
event will E. Curtis Designs 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 E. Curtis Designs 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.
8. Copyrights and Trademarks. The client represents to E. Curtis Designs and
unconditionally guarantees that any elements of text, graphics, photos, designs,
trademarks, or other artwork furnished to E. Curtis Designs 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 E.
Curtis Designs and its subcontractors from any claim or suit arising from the use of
such elements furnished by the client.
9. 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 E. Curtis Designs and its subcontractors
from any claim, suit, penalty, tax, or tariff arising from the client's exercise of
Internet electronic commerce.
10. Copyright to Web-Pages. Copyright to the finished assembled work of web-pages
produced by E. Curtis Designs is owned by E. Curtis Designs. 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. E. Curtis Designs and
its subcontractors retain the right to display graphics and other Web design elements
as examples of their work in their respective portfolios.
11. Payment of Fees. In order for E. Curtis Designs to remain in business, payments
must be made promptly. Delinquent bills will be assessed a $20 charge if payment is
not received within 30 days of the due date. If an amount remains delinquent 45
days after its due date, an additional 5% penalty will be added for each month of
delinquency. E. Curtis Designs 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 E. Curtis Designs. Regardless of the place of signing of
this agreement, the client agrees that for purposes of venue, this contract was
entered into in Sacramento County, California, and any dispute will be litigated or
arbitrated in Sacramento County, California.
12. Sole Agreement. The agreement contained in this "Web site Design Contract"
constitutes the sole agreement between E. Curtis Designs 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.
13. Payment and Refund Policy.
The total amount of this contract is $______________
If the client halts work any and all photos/text provided will be returned at request of
the client minus the cost of return shipment of the fore said items. 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 E. Curtis Designs (authorized signature)
_______________________________________ Date ____________ |