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Everclips Design Project Contract
[Package #]

Client Information:

1.      Authorization. The above-named Client (hereinafter referred to as "Client") is engaging Everclips Design. (hereinafter referred to as "Everclips Design"), as an independent contractor for the specific purpose of designing a World Wide Web site (hereinafter referred to as " Everclips Design Project") to be published on the Client's account on an Internet Service Provider(ISP)/Web Presence Provider(WPP) computer, hereinafter refer to as "Hosting Service", or provided on diskette at the Client's option. The Client hereby authorizes Everclips Design to access this account, and authorizes the Hosting Service to provide Everclips Design and its employee, Jason F. Lopez, with "full access" to the Client's account, and any other programs needed for this Everclips Design Project that are included as part of the Client's service agreement/level. The Client also authorizes Everclips Design to submit the completed Everclips Design Project to major Web Search Engines.

2.      Development. This Everclips Design Project will be developed using Dreamweaver 2004

·        Browser Compatibility - Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Everclips Design represents and warrants that the web site we design for you will work in:


§        Microsoft® Internet Explorer versions 3 and up

§        Netscape Navigator/Communicator version 3 and up-


While Everclips Design will make reasonable efforts to design a fully-functional web site, Everclips Design’ warrantee does not cover AOL, text-based browsers or requested special effects that we have advise you against.


3.      Assignment of Web Design Project Everclips Design reserves the right, and you hereby agree, to assign subcontractors to this Everclips Design Project to insure that the terms of this agreement are met as well as on-time completion.

4.      Copyrights and Trademarks. The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Jason F. Lopez and/or Everclips Design for inclusion in the Everclips Design Project 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, indemnify and defend Jason F. Lopez and Everclips Design and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.

5.      Web Site Maintenance. This agreement allows for minor web site maintenance to pages over a 6 month period, up to an average of one half hour per regular web page, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guestbooks, discussion webs, navigation structure changes, attempted updates by Client repairs or Everclips Design Projects delivered to Client via diskette. The period of 6 months begins on the date the Client's web design site is available to be published to Client's hosting service or 30 days from the date this agreement was signed, which ever comes first. If the Client's web design package includes database access using Active Server Pages (ASP), then very minor page code changes will be accepted under this web site maintenance plan, major page code and/or database structural changes will be charged at then hourly rates.

6.      Completion Date. Everclips Design and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Everclips Design Project no later than 30 days after Client has submitted all necessary materials. If the Client does not supply Everclips Design with complete text and graphics content for this Everclips Design Project within 45 days of the effective date this agreement, the entire deposit amount of the agreement shall be retained by Everclips Design as liquidated damages and the contract shall become null and void, at Everclips Design’ option, unless the Everclips Design Project is cancelled in writing by the Client prior to 45 days of the effective date of the agreement.

7.      Project Delivery. The final Everclips Design project will be published to the Client's hosting service upon receipt of final payment or delivered via diskette upon the receipt of full payment. The Client understands that Everclips Design does not provide any hosting services in connection with this Everclips Design Project. Hosting services require a separate contract with the hosting service of the Client's choice. The Client agrees to select a hosting service which allows Everclips Design full access to the Client's account via FTP. The Client will be solely responsible for any and all hosting service charges.


·        Publishing: 1) If the hosting service has FrontPage®98 extensions installed and the extensions are not configured correctly to support publishing/FrontPage®98 functionality, Everclips Design charges at its then hourly rate for the effort involved to resolve whatever problems may arise. If the hosting service does not have FrontPage®98 extensions installed, Everclips Design charges at its then current hourly rate to publish the site.

·        Diskette: The Client assumes all responsibility for the use and functionality of the Everclips Design Project.


8.      Electronic Commerce Laws. The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Everclips Design Project or any other services contemplated herein, and will hold harmless, protect, and defend Jason F. Lopez and Everclips Design and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

9.      Everclips Design Project Copyright. Copyright to the finished web design site produced by Everclips Design will be owned by Jason F. Lopez and/or Everclips Design. The Client will be assigned rights to use the Everclips Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. 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. Everclips Design and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. All Everclips Design Projects will contain a copyright/legal statement with a link to Everclips Design' Design Services Web Site.

10.    Payment Schedule. Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and Attachment A, attached hereto and made a part of this agreement hereof. Notwithstanding any prices listed in literature or on Web pages, the Client and Everclips Design agree that the services described in this contract, and Attachment A, shall be completed for $_______. The Client agrees to pay to Everclips Design an initial, non-refundable deposit of $_______ (normally, 50% of the estimated total cost or a minimum of $200.00 ) upon execution of this agreement. Final payment is due prior to publication and/or delivery of the Everclips Design Project. All amounts must be in U.S. Dollars.

11.    Legal Notice. Notwithstanding anything to the contrary contained in this contract, neither Everclips Design nor any of its employees or agents, warrant that the functions contained in the Everclips Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Everclips Design Project is with the Client. In no event will Jason F. Lopez and/or Everclips Design be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service 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 Everclips 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 Everclips Design has been advised of the possibility of such damages.

12.    This Agreement. This agreement constitutes the sole agreement between Everclips Design and the Client regarding this Everclips Design Project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by both Client and Everclips Design. All prices specified in this contract will be honored for 6 months after both parties sign this contract. Continued services after that time will require a new agreement.


The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.






By_____________________________________ Date ________________
Social Security/Tax I.D. Number:
Duly Authorized




By_____________________________________ Date ________________
Jason F. Lopez
It’s Authorized Representative

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