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Everclips Design
Project Contract
[Package #]
Client Information:
[Name]
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.
AGREED TO:
Client
By_____________________________________
Date ________________
Name:
Title:
Address:
Social Security/Tax I.D. Number:
Duly Authorized
EVERCLIPS DESIGN
By_____________________________________
Date ________________
Jason F. Lopez
It’s Authorized Representative