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Contract and Terms
In order for us to begin work on your website, you must agree to the following terms &
conditions. This is only a sample of the website design agreement and by clicking on the
"I Accept" button at the bottom of the page, you are in No way obligated to
Data RaCo for Website Design. Clicking on the "I Agree" simply
acquaints you with our agreement/terms & conditions and will take you
to "Quote" page. We will customize your contract to your individual
specs.
WEB SITE DESIGN AGREEMENT
AGREEMENT as of _________________, 2000, between _______________________, located at
_________________________________________
(hereinafter referred to as the "Client"), and Data RaCo located at
1028 County Rd 19, Norwich, New York 13815 with
respect to the creation of web site design work (hereinafter
referred to as the "Work").
ASSIGNMENT OF WORK: Data RaCo reserves the right to
assign other designers or subcontractors to the Work to ensure
quality and on-time completion.
DUE DATES: Data RaCo will make every effort to meet
agreed upon due dates. The Client should be aware that failure
to submit required information or materials may cause subsequent
delays in the production. Client delays could result in
significant delays in delivery of finished work.
GRANT OF RIGHTS: Upon receipt of full payment, Data RaCo
grants to the Client the following rights in the finished Work:
___ non-exclusive rights ___exclusive rights.
RESERVATION OF RIGHTS: All rights not expressly granted hereunder are reserved to Data RaCo, including but not limited to
all rights in sketches, comps, original digital files or other
preliminary materials.
ADDITIONAL USAGE: If Client wishes to make any additional uses of the work, Client agrees to seek permission from Data RaCo
and make such payments as are agreed to between the
parties at that time.
PERMISSIONS AND RELEASES: The Client agrees to indemnify and hold harmless Data RaCo against any and all claims, costs,
and expenses, including attorney’s fees, due to materials
included in the Work at the request of the Client for which no
copyright permission or previous release was requested or uses
which exceed the uses allowed pursuant to a permission or
release.
PAYMENT: Payment shall be advanced to Data RaCo in
phases as follows. At the time of signing this Agreement, Client
shall pay $____.00, which is one-third of the total site design
fee. Upon approval of sketches and/or preliminary web visuals,
Client shall pay $____.00, a further one-third of the total site
design fee. On the date of Data RaCo’s delivery of the
final Work (site published on web and final set of corrections
made), Client shall pay $____.00, the final one-third of the
total site design fee. Late fees past thirty days will be charged
at 1.5% per month.
OUT OF POCKET EXPENSES: Client shall be invoiced $____.00 and invoice shall be payable as received for all costs relating to
domain name registration and website hosting.
(These Out-of-Pocket expenses are detailed in the accompanying Proposal)
This can take up to six weeks and can potentially delay the
implementation of your website. Client also agrees to reimburse
Data RaCo for any of the following expenses necessary in
completion of the Work: (e.g. Fonts, Messengers, Proofs, Props,
Research, Shipping, Software, Stock photography, Travel,
Telephone). Expenses will be fully communicated to the client,
before being incurred.
WEBSITE HOSTING: Data RaCo is authorized to enter into
contracts with third parties to carry out the purposes of this
agreement, and shall be primarily liable to those parties for
payment due there under. Data RaCo shall exert a good
faith effort to prevent any loss to Client resulting from failure
of proper performance by those third parties, but Data RaCo
shall not be liable to Client by reason of any default
of those third parties or other parties who are not Data RaCo
employees. Server Space for the Hosting of Client’s
Website will be secured with a third party Web Hosting Provider
and shall be billed by and payable to Data RaCo (as
detailed in accompanying Proposal) on a quarterly basis. Client
agrees to pay (after initial Out-of-Pocket expenses) all
subsequent Website Hosting invoices within 30 days of receipt of
invoice.
IMPOSSIBILITY OF PERFORMANCE: Client acknowledges and agrees that
Data RaCo cannot guarantee the absence of service
interruptions by the Web Hosting Provider caused by Acts of God
or other circumstances beyond its control including, but not
limited to, telecommunications problems, of the Internet
backbone, of any Internet servers, of my or my customers'
computers, or of my or my customers' Internet software.
FEES: Changes in client input or direction and resulting changes
will be charged at $45./hour for HTML & production and $60./hr.
for graphics and advanced programming.
ADDITIONAL SERVICES: Any work which the Client wishes Data RaCo
to create which is not detailed in the Proposal which
accompanies this agreement will be considered an additional
service. Such Work will be billed at the hourly rate stated above
and will be added to the amount specified in the accompanying
Proposal. Before any Such Work is started additional charges
will be fully communicated to the client, before being incurred.
CLIENT’S ROLE AND COMMITMENT: Client shall supply, in a timely manner to ensure timely completion of Work, all copy, all
graphics and photos and a list of keywords to be included in the
“Meta” tags, etc.
CANCELLATION: In the event that Work is postponed or cancelled at
the request of the Client, Data RaCo shall have the
right to bill pro rata for work completed through the date of
that request, while reserving all rights under this Agreement. If
additional payment is due, this shall be payable within thirty
days of the Client's notification to stop work. In the event of
cancellation, the Client shall also pay any expenses incurred by
Data RaCo and Data RaCo shall own all rights to
the Work. The Client shall assume responsibility for all
collection of legal fees necessitated by default in payment.
REVISIONS: Data RaCo shall be given the first
opportunity to make revisions requested by the Client. If the
revisions are not due to any fault on the part of Data RaCo, such work shall be billed at the hourly rate listed
previously.
COPYRIGHT NOTICE: Copyright notice in Data RaCo's name
shall be published with the Work. A link back to Data RaCo
Website shall also accompany this.
AUTHORSHIP CREDIT: Authorship credit in the name of Data RaCo shall accompany the Work when it is reproduced. If the
finished Work is used as a contribution to a magazine or for a
book, authorship credit shall be given unless specified to the
contrary in the preceding sentence.
OWNERSHIP AND RETURN OF WORK: The ownership of original artwork,
including sketches and any other materials created in the process of making the finished Work, shall remain with Data
RaCo. All such artwork shall be returned to Data RaCo
by bonded messenger, air freight, or registered mail
within thirty days of the Client's completing its use of the
Work. The parties agree that the value of the original, finished
Web Site Design Work is $_____.00.
CODE OF FAIR PRACTICE: The Client and Data RaCo agree to
comply with the provisions of the Code of Fair Practice, a copy
of which may be obtained from the Joint Ethics Committee, P.O.
Box 179, Grand Central Station, New York, New York, 10017.
ARBITRATION: Any disputes in excess of $1,000 (or the maximum
limit for small claims court) arising out of this Agreement shall
be submitted to binding arbitration before the Joint Ethics
Committee or a mutually agreed upon Arbitrator pursuant to the
rules of the the American Arbitration Association. The Arbitrator's award
shall be final, and judgment may be entered in any court having
jurisdiction thereof. The Client shall pay all arbitration and
court costs, reasonable attorney's fees and legal interest on any
award or judgment in favor of Data RaCo.
On receipt of a signed agreement and initial payment or shortly
thereafter, Data RaCo will request the Client’s choices
of domain names and invoice Client for Out-of-Pocket Expenses
involved in setting up domain name and Website Hosting. This can
potentially take up to six weeks and can delay the implementation
of your website. The importance of setting up domain name and
Website Hosting to realizing a set schedule has already been
stressed. A Flow chart will be drawn up, detailing site
structure and navigation, based on the information and images
provided by client. Rough sketches of page layouts and graphical
treatment will also be submitted to Client for approval (these
will be based on further discussion of corporate colors and/or
preferences). All preliminary sketches and flow chart layouts
will require a signature of approval, before any actual HTML
coding will begin. A “working” site will then be coded with
“rough” graphics in place, changes and corrections will be made
at this time and once approved the finished site we be uploaded
to the Web Host Provider, with one last time for final
corrections. Once the final corrections are completed the
finished site will be deemed “live” and final payment will be due
net 30 days. 1.5% finance charge per month will be added per
month after 30 days.
The undersigned agrees to the terms of this agreement on behalf
of his or her organization or business. No responsibility will be
accepted for digital or photocopied signatures.
On behalf of the Client:
___________________________________ Date __________
On behalf of Data RaCo:
____________________________________ Date __________
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