Portal HomeClient AreaAnnouncementsKnowledgebaseSupport TicketsDownloads

Knowledgebase
You are here: Portal Home > Knowledgebase > Legal Stuff > Website Design Agreement

Website Design Agreement

 

Our desire is to delight every client. One way is to make clear our understandings with each other. These are the terms of our agreement together:

1. Authorization. The client is engaging Andrechelle, as an independent contractor for the specific project of developing, maintaining and/or improving a World Wide website. The client hereby authorizes Andrechelle.com to access this account, and authorizes the web hosting service to provide Andrechelle.com 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 Andrechelle.com to publicize their completed website to Web search engines, as well as other Web directories and indexes.

2. Standard Website Package Elements. (For Standard Website Packages Only. Cross out for online stores.) Andrechelle.com includes the following elements in their Standard Website Packages:

  • E-mail/phone consultation (Up to 2 hours total general Internet orientation education, marketing strategy, Web design consultation, and helping clients learn to use their own webpage editor. Telephone long distance charges are in addition to package rates quoted. Additional education and consultation is at our hourly rate.)
  • Words of text supplied by the client (200 words per page approximate maximum if not supplied via diskette. webpages of more than 1,200 words of text may be subject to additional fees, especially if they require a great deal of formatting.)
  • Links to external pages, up to an average of 2.5 per page.
  • Custom Graphics Package (optional). Top-of-page graphic (simple custom graphic incorporating company logo) for all pages in your website. Colorful lines and bullets, and colored and textured background.
  • Photos and other misc. graphic images supplied by client (up to an average of 2.5 included per page in standard websites and "regular" online store pages, in addition to top-of-page graphic.
  • Installation of WebPages on to Andrechelle.com web hosting service, if applicable. Additional updates and changes in maintaining the web site hosted by another web hosting service shall be subject to additional fees at the agreed hourly rate. Minor updates and changes to existing webpages for six months, subject to the limits outlined below. Additional changes billed at hourly rate. For online stores, this includes only "regular" pages, not product pages or the ordering system pages.
  • Site publicity to at least a dozen major Web search engines, such as Google, Yahoo, MSN, AOL, AltaVista, InfoSeek, etc.
  • Response link on website to any e-mail address the client designates.

3. Standard Website Packages only. (Cross out this section for online stores.) The content of the webpages will be supplied by the client and executed as specified by the client in the "Website Planning Worksheet". This website includes up to the number of pages included in the chosen website design package. In case the client desires additional standard webpages beyond the original number of pages in the chosen package, the client agrees to pay Andrechelle.com an additional $100 for each additional webpage. Graphics or photos beyond the allowed average of 2.5 per webpage shall be billed at an additional $5 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. The store size and additional services, and prices of each are detailed on the attached estimate. 

4. Online stores only. (Cross out this section for Standard Website Packages.) The text and graphic content of the webpages will be supplied by the client and executed as specified by the client in the "webpage Planning Worksheet" and the Store Planning Worksheet.  It is understood that total prices calculated below are likely to vary from the final amount due to different quantities of products, categories, photos, regular pages, etc. in the final store. An Estimate from Andrechelle.com governs the prices for this contract. Notwithstanding any prices listed in literature or on webpages, the client and Andrechelle.com agree that the services described above in this section shall be completed for agreed upon amount and upon this amount the first payment shall be determined. The final payment shall reflect and include all elements actually completed at the prices attached.

We include e-mail/phone consultation of up to 2 hours total general Internet orientation education, marketing strategy, Web design consultation, and helping clients learn to use the store software. Telephone long distance charges are in addition to package rates quoted. Additional education and consultation is at our hourly rate.

Product webpages, products, or photos added after the store is ready for advertising to the Web search engines will be calculated for actual time spent at the hourly rate specified below.

5. Maintenance and Hourly Rate. This agreement includes minor webpage maintenance to regular webpages (not store product pages) over a twelve-month period, including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text. If the client or an agent other than Andrechelle.com attempts updating the client's pages, time to repair webpages will be assessed at the hourly rate, and is not included as part of the updating time. The twelve-month maintenance period commences upon the date the client orders. 

Changes requested by the client beyond those limits will be billed at the hourly rate of $100. 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 require a separate contract with a web hosting service. Andrechelle.com can arrange web space for the web site. It is advisable for the client to accept this service unless the client has already made such provisions. The Client agrees to select a hosting service or the hosting service provided by Andrechelle.com on the client's behalf, which allows Andrechelle.com full access to the Client's account via FTP (File Transfer Protocol). In the case of the client providing his or her own web hosting service, the Client will be solely responsible for any and all hosting service charges. 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.  In the case of provided hosting, Andrechelle.com reserves the right to relocate the site to an alternative server and/or amend the any other aspect of the domain hosting in order to maintain service. If this work is carried out, all links to the web site will be maintained, causing minimum disruption to traffic. Should the client wish to re-locate the site to an alternative service outside of those contracted by Andrechelle.com, this agreement will become void and no refunds will be due.

8. Completion date. Andrechelle.com and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website. Target completion date no later than 45 Business DAYS from initial order and after payment is received.

If the client does not supply Andrechelle.com complete text and graphics content for all webpages contracted for within four weeks of the date the design was ordered, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within six weeks after ordering, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is published.

9. Payment of Fees. Fees to Andrechelle.com are due and payable on the following schedule: 50% upon ordering, 50% when the webpages have been constructed according to the client's original written specifications. If the total amount of this contract is less than $1000, the total amount shall be paid upon ordering. 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, CD, DVD or attached to an e-mail message. 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.

10. Assignment of Project. Andrechelle.com 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 Notice. Andrechelle.com 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 client. In no event will Andrechelle.com 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 Andrechelle.com 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 Andrechelle.com and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Andrechelle.com 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 Andrechelle.com 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 Andrechelle.com 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 anything that you provide is your property, to do with as you see fit. That means the text you provide for us to add to your pages. You own the copyright to that text. It means any and all images and logos that you provide for us to add to your pages. You own the copyright to those.

Copyright to html code, javascript code, server side code, images, photographic or decorative (that we provide), structure, layout, and the 'look and feel' of the pages, menu and navigation concepts, and icons on webpages produced by Andrechelle.com remain the property of their respective owners. Upon final payment of this contract, the client is assigned royalty-free, license-free rights to use as a website the design, graphics, and text contained in the finished assembled website. Andrechelle.com and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

15. Payment of fees. Payments must be made promptly. Delinquent bills will be assessed a $10 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. Andrechelle.com reserves the right to remove webpages from viewing on the Internet until final payment is made.

If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency and the website will be "turned off from public viewing with a Splash Page. Any statement from the client that payment will not be made in the future, then Andrechelle.com reserves the right to "turn off " the web site at any given time past the actual due date. If an amount remains delinquent 60 days after its due date, all files will be removed from the server and no duplication rights or usage will be granted. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This Agreement becomes effective immediately upon web site publishing and clients are encouraged to read Agreement terms carefully and thoroughly and ask questions to Andrechelle if they should arise.

 In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by Andrechelle.com. Regardless of place of reading this agreement or clients’ residence or place of business, the client agrees that for purposes of venue, this contract was entered into in Lake County, Ohio, and any dispute will be litigated or arbitrated in Lake County, Ohio. Please pay on time.

16. Sole Agreement. The agreement contained in this "Website Design Contract" constitutes the sole agreement between Andrechelle.com 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 twelve (12) months after both parties agree. Continued services after that time will require a new agreement.



Was this answer helpful?

Add to Favourites
Print this Article

Also Read
Privacy Policy (Views: 142)
Acceptable Use Policy (Views: 148)
Billing / Refund Policy (Views: 160)
Domain Name Registration Agreement (Views: 131)

Powered by WHMCompleteSolution


Language: