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Sample Web Design Contract
THIS IS A SAMPLE CONTRACT.
PAYMENT SCHEDULE(8) AND WEB DESIGN QUOTE(9) VARY BY PROJECT. ALL OTHER
INFORMATION IN THIS CONTRACT WILL NOT BE CHANGED - NON NEGOTIABLE.
1. Client Information.
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2. Authorization. The above-named Client (hereinafter referred to as "Client") is engaging Power House Hosting, a sole proprietor, (hereinafter referred to as "Power House Hosting"), as an independent contractor for the specific purpose of designing a World Wide Web site (hereinafter referred to as "Web Design Project") to be published on the Client's hosting account located on the Power House Hosting web server or provided on diskette at the Client's request. The Client hereby authorizes Power House Hosting and its subcontractors, Infinitum Media, with "full access" to the Client's hosting account, merchant account and any other programs needed to complete this web design project.
3. Web Hosting. Under this contract client is granted 1 year of web hosting via Power House Hosting and must agree to the terms of use and policies located on the Power House Hosting website regarding appropriate uses of web servers. This service is included in the cost of the web design project quote and has all applicable systems/programs needed for this web design project to function properly. The client understands that all Web Hosting Service providers require separate policies and agreements for use of said web servers. Client is free to move the web design project to another web hosting provider after 1 year. If client moves said web design project before 1 year, no refunds for web hosting will be provided. In addition, The client agrees to select a web hosting provider which allows full access to programs needed in order for the website to function properly including; cgi-bin directory, mySQL database and/or other features/programs needed. The 1 Year starts when your web design project is published to the web and is fully functioning.
4. The Design. After signing this web design contract the client will be sent a graphic design of the
homepage for review and approval of graphics and layout for this web design project.
If client wishes to change layout, graphics or colors changes must be submitted to
Power House Hosting in bullet format
via email and a new graphic will be sent to client for approval.
Client must approve the design before HTML and programming begins.
The agreed upon design will be replicated exactly as approved by client
(excluding dummy text used to fill space). If major changes are requested Power House Hosting
reserves the right to re-evaluate this quote. Any additional HTML work or database programming
not discussed prior to the signing of this contract is subject to additional fees. If client wishes
to change layout, graphics or colors after the design is approved by client, additional
charges will apply.
5. Content. Client must provide all text content to be inserted into the web design project.
Dummy text used in the graphic design will be replaced with clients content. The designer will
collect additional information from the client regarding this web design project over the
developmental phase of this web design project.
6. Completion Date. Power House Hosting and the client must work together to complete the web
design project in a timely fashion. Both parties agree to work expeditiously to complete the
web design project no later than (3 Months). Special circumstances may be taken into consideration.
7. Payment of Fees. A deposit of ($____75.00____) shall be remitted upon signing
this contract. This fee covers 1 year of web hosting and grants server access to the web
designer assigned to your project. Client must fill out the online web hosting order form
located on the Power House Hosting website and remit payment. You must specify in the comments
that you are a web design customer. Once your hosting account is setup we will begin your web
design project according to the fee schedule outlined in this document. All fees will be issued
an invoice number and paid through the Power House Hosting website. Acceptable payment types:
Visa, MasterCard, Discover, American Express (Secure processing terminal via Authorize.Net)
8. Payment Schedule.
$75.00 due after contract is signed
$0.00 Graphic design is created and sent to client
$650.00 Due after Graphic Design is approved by client
$650.00 Due after site completion
Total Project Payoff: $1375
9. Web Design Quote.
1 Year Web Hosting and Domain Registration: $75.00
Logo Design: $100
Inner page design and HTML for all pages: $600
Database build: $600
10. Copyrights and Trademarks. The client represents to Power House Hosting and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Power House Hosting 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 Power House Hosting and subcontractors from any claim or suit arising from the use of such elements furnished by the client.
11. Copyright to Webpages.
Copyright to the finished assembled work of webpages produced by Power House Hosting and/or Infinitum Media is owned by
Power House Hosting and/or Infinitum Media. 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.
Power House Hosting and its subcontractors retain the right to display graphics and other
Web design elements as examples of their work in their respective portfolios. Client grants
permission to Infinitum Media to place a footer link to the Infinitum Media website on clients
homepage for the sole purpose of copyright, trademark and web design informational purposes only.
12. Payment Terms. If an amount remains delinquent 30 days after its invoice date, an additional 5% penalty will be added for each month of delinquency. If case collection proves necessary, the client agrees to pay all fees incurred in that process. This web design contract becomes effective only when signed by Power House Hosting. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Wagoner County, Oklahoma, USA and any dispute will be litigated or arbitrated in Wagoner County, Oklahoma, USA.
13. Sole Agreement. The agreement contained in this "Service Agreement" constitutes the sole
agreement between Power House Hosting and the client regarding the project outlined above.
Any additional work not specified in this contract requires a separate agreement.
All prices specified in this contract will be honored for three (3) months after both parties
sign this contract. Continued services after that time will require a new agreement. Amendments
can be made to this contract as long as both parties agree and sign the amendment.
This agreement does not include website management.
14. Web Site Maintenance. This agreement allows for minor website maintenance to pages over a 3
month period including updating links and making minor changes to a sentence or paragraph
in order to correct any spelling/grammar mistakes made by the web designer during production.
It does not include major page or database reconstruction/changes, major redesign, entirely
new pages or sections, navigation structure changes, or anything not agreed upon during the
design phase of your project. The 3 month period begins on the date the Client's fully
functioning web site is published to the web. Power House Hosting reserves the right to
determine major and minor changes. Changes, corrections or database fixes after the 3 month
maintenance agreement expires is subject to additional fees.
15. Initial Payment and Refund Policy. This agreement begins with an initial payment
of $__75.00___. If the client halts work and applies for a refund within 30 days, to Power House Hosting, work completed shall be deducted from the initial payment, the balance 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. That work will then be turned over to the client and may not be fully functioning. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.
16. Legal Notice. In no event will Power House Hosting and/or subcontractors be liable to the Client or any third party for damages to the completed web design project, including, but not limited to, service interruptions caused by Severe Weather, Hackers or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor's computer or internet software, even if Power House Hosting has been advised of the possibility of such damages. Client understands they should keep a backup copy of this web design project on diskette or CD to minimize damages in the event of a server loss of data caused by but not limited to any of the above mentioned circumstances.
17. Confidentiality. All correspondence and documents regarding this web design project will be treated as confidential between the client, Power House Hosting and Infinitum Media unless consent has been granted by all parties involved.
The undersigned agrees to the terms of this web design contract on behalf of his or her sole proprietorship, organization or business.
On behalf of the client:
_______________________________________ Date ________________
On behalf of Power House Hosting:
_______________________________________ Date ________________
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