Custom Web Site Design & Development Agreement
Contact Name ______________________________
Phone ___________ FAX ___________
Company/Client _____________________________
Address ________________________________
______________________________________________
City ____________________ State ____ ZIP ____ Country ___
E-mail address _________________________
Present WWW URL (if any):
_______________________________________________
Username ________________ Password ______________________
The desire of System Wizards Technology Group is to delight our 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 System Wizards Technology Group, L.L.C., a Limited Liability Corporation, located at 7450 W. 52nd. Ave. Suite M170, Arvada, Colorado 80002, as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on a System Wizards Technology Group server, on the client's web space or, on a web hosting service's computer. The client hereby authorizes System Wizards Technology Group to access this account, and authorizes the web hosting service to provide System Wizards Technology Group with "write permission" for the client's webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes System Wizards Technology Group to publicize their completed website to Web search engines, as well as other Web directories and indexes.
2. Custom Website Package Elements. System Wizards Technology Group includes the following elements in our Custom Website Packages:
3. Custom Website Packages The content of the webpages will be supplied by the client and executed as specified by the client in the "Website Planning Worksheet" dated _______________. This website includes up to ___________ webpages. In case the client desires additional standard webpages beyond the original number of pages specified above, the client agrees to pay System Wizards Technology Group an additional $_150___ for each additional webpage. Graphics or photos beyond the allowed average of 2 per webpage shall be billed at an additional $_50_ 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.
5. Maintenance and Hourly Rate. This agreement includes minor webpage maintenance to regular webpages over a six-month period, including updating links and making minor changes to text, not to exceed 100 words per page. If the client or an agent other than System Wizards Technology Group attempts to update the client's pages causing page damage, time to repair webpages 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 $ ___35____. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, webpage 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 webpage editor. CGI programming charges (if any) are not included in this rate.
6. Changes to Submitted Text. Please send us your final text. Time required to make substantive changes to client-submitted text after the webpages have been constructed will be additional, billed at the hourly rate.
7. Web Hosting. The client understands that any web hosting services not provided by System Wizards Technology Group require a separate contract with a web hosting service. The client agrees to select a web hosting service which allows System Wizards Technology Group full access to the website and a cgi-bin directory via FTP and telnet. 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.
8. Completion Date. System Wizards Technology Group and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website no later than _________________________.
If the client does not supply System Wizards Technology Group complete text and graphics content for work on all webpages contracted for within six weeks of the date this contract was signed, all work will discontinue until the complete text, graphics, and content required are provided. All advance payments to System Wizards Technology Group will become non-refundable if required documentation has not been received within sixty (60) days of the date of this contract. If the client has not submitted complete text and graphics content within ninety (90) days of the date of this contract, the contract will become void and client agrees to hold System Wizards Technology Group harmless for any liability or loss relating to this contract and will not seek recovery of any monies advanced to System Wizards Technology Group.
9. Payment of Fees. Fees to System Wizards Technology Group are due and payable on the following schedule: 50% at contract signing, 50% when the webpages have been constructed according to the client's original written specifications and prior to publishing the website to the World Wide Web. Advertising the pages to Web search engines and updating occur only after the final payment is made. System Wizards Technology Group reserves the right to hold the completed webpages on a non-published System Wizards Technology Group server until payment in full has been received. All payments will be made in US funds. 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 a web hosting service by the time the webpages are completed, the webpages may be delivered to the client on diskette or attached to an e-mail message.
10. Assignment of Project. System Wizards Technology Group 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 . System Wizards Technology Group does not warrant that the functions contained in these webpages or the Internet website will meet the client's requirements or that the operation of the webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the webpages and website is with the client. In no event will System Wizards Technology Group 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 webpages or website, even if System Wizards Technology Group 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.
12. Copyrights and Trademarks. The client represents to System Wizards Technology Group and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to System Wizards Technology Group for inclusion in webpages 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 System Wizards Technology Group and its 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 System Wizards Technology Group and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
14. Copyright to Webpages. Copyright to the finished assembled work of webpages produced by System Wizards Technology Group is owned by System Wizards Technology Group. Upon final payment of this contract, the client is assigned ownership to 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. System Wizards Technology Group and its subcontractors retain the right to display web pages, graphics, and other Web design elements as examples of their work in their respective portfolios.
15. Payment of fees. In order for System Wizards Technology Group to remain in business, payments must be made promptly. Delinquent bills will be assessed a 5% charge if payment is not received within 10 days of the due date. Accounts delinquent for 30 days past the due date, will be assessed an additional 5% penalty for each month of delinquency. System Wizards Technology Group reserves the right to hold webpages on a non-published System Wizards Technology Group server until final payment is made. Upon receipt of final payment System Wizards Technology Group will complete the transfer of the completed website to a System Wizards Technology Group server (if client requests System Wizards Technology Group hosting services), to the client's server or, to a third party hosting service server. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by System Wizards Technology Group. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Jefferson County, Colorado, and any dispute will be litigated or arbitrated in Jeffersonr County, Colorado.
16. Sole Agreement. The agreement contained in this "Website Design Contract" constitutes the sole agreement between System Wizards Technology Group and the client regarding this website. 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.
18. Initial Payment and Refund Policy.
The total amount of this contract is $______________
This agreement begins with an initial payment of $_____________, which must equal not less than 50% of the above stated total amount of this contract. If the client halts work and applies by registered letter for a refund within 30 days, to System Wizards Technology Group, 7450 W. 52nd. Ave., Suite M170, Arvada, Colorado 80002, phone (720) 218-6726, 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 the 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 (authorized signature):
_______________________________________ Date ________________
On behalf of System Wizards Technology Group (authorized signature)
_______________________________________ Date ________________