Web Design Contract
(We will mail you the contract when you request our services.)
TERMS OF AGREEMENT
1. Project. The above-named client is engaging Premium Web Development, LLC for the specific project of designing/redesigning the company's
or person's Web Site as detailed here: (Complete details would be here.)
2. Authorization. The above-named client is engaging Premium Web Development, L.L.C., a sole proprietor, as an independent contractor. If the
above-named project requires developing and/or improving a World Wide
Web site, if the above named client wishes to have Premium Web Development, L.L.C. install the client's web space on PWD&H's web server, permission
to do such is granted. If the client prefers to have the site hosted elsewhere,
client hereby authorizes Premium Web Development, L.L.C. to access this
account, and authorizes the Internet Service Provider to provide Premium Web Development, L.L.C. with "write permission" for the client's
web page directory, cgi-bin directory, and any other directories or programs
which need to be accessed for this project. The client also authorizes
Premium Web Development, L.L.C. to publicize their completed Web site
to Web search engines, as well as other Web directories and indexes, if
this is included in the scope of the project.
3. Hourly Rate. Work under this contract shall be billed at the hourly
rate of $60/hour unless an amount was agreed upon for the job (see details
in #1).
4. ISP. The client understands that any Internet Service Provider (ISP)
services require a separate contract with the ISP of the client's choice.
The client agrees to select an ISP which allows Premium Web Development, L.L.C. full access to the Web site and a cgi-bin directory via FTP or
to sign up for web hosting with Premium Web Development, L.L.C..
5. Completion Date. Premium Web Development, L.L.C. and the client must
work together to complete the project in a timely fashion. We agree to
work expeditiously to complete the project no later than _____________________.
6. Payment of Fees and Expenses. A deposit of 50% ($______________) of
the total estimated project $__________ shall be remitted upon signing
this contract. In addition, Premium Web Development, L.L.C. hourly rate
and project expenses minus the 50% deposit shall be billed at project
completion. Expenses may include, but are not limited to, telephone, travel,
design and graphic services, and programming. All payments will be made
in U.S. funds. If paying by check, you agree that should your bank return
your check for any reason, you will be liable for any additional fees
incurred by Premium Web Development, L.L.C.. You further agree that should
your bank return your check(s), for any reason, Premium Web Development, L.L.C. will charge you a $30.00 fee and you will be responsible for payment
in full upon notification by your bank, and/or Premium Web Development, L.L.C..
7. Performance Liability. Premium Web Development, L.L.C. does not warrant
that the functions supplied by Web pages, consultation, advice, or Internet
Web site will meet the client's requirements or that the operation of
Web pages will be uninterrupted or error-free. The entire risk as to the
quality and performance of the Web pages and Web site is with client.
In no event will Premium Web Development, L.L.C. 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 Web pages or Web site, even
if Premium Web Development, L.L.C. has been advised of the possibility
of such damages.
8. Copyrights and Trademarks. The client represents to Premium Web Development, L.L.C. and unconditionally guarantees that any elements of text,
graphics, photos, designs, trademarks, or other artwork furnished to Premium Web Development, L.L.C. for inclusion in Web pages 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 Premium Web Development, L.L.C. from any claim or suit arising from the use of
such elements furnished by the client.
9. Copyright to Web Pages. Copyright to the finished assembled work of
Web pages produced by Premium Web Development, L.L.C. is owned by Premium Web Development, L.L.C.. Upon final payment of this contract, the client
is assigned rights to use as a Web site the design, graphics, and text
contained in the finished assembled Web site. 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.
10. Payment Terms. It is imperative that payments be made promptly and
as detailed in this web design contract. Source files will be stored temporarily,
for client review, on PWD&H's server or the client's ISP account and will
be uploaded to go live when full payment is received. If an amount remains
delinquent 30 days after its invoice date, an additional 5% penalty will
be added for each month of delinquency. Premium Web Development, L.L.C.
reserves the right to remove Web pages from viewing on the Internet until
final payment is made. If case collection proves necessary, the client
agrees to pay all fees incurred in that process. This web design contract
becomes effective only when signed by Premium Web Development, L.L.C..
Regardless of the place of signing of this agreement, the client agrees
that for purposes of venue, this contract was entered into in Dougherty
County, Georgia, and any dispute will be litigated or arbitrated in Dougherty
County, Georgia.
11. Sole Agreement. The agreement contained in this "Service Agreement"
constitutes the sole agreement between Premium Web Development, L.L.C.
and the client regarding the project outlined above. Any additional work
not specified in this contract requires a separate agreement. All prices
specified in this contract will be honored for three (3) months after
both parties sign this contract. Continued services after that time will
require a new agreement.
12. Initial Payment and Refund Policy. This agreement begins with an initial
payment of $_____________. If the client halts work and applies for a
refund within 30 days, to Premium Web Development, L.L.C., 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 this 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 web design contract on behalf
of his or her organization or business.
On behalf of the client:
_____________________________________
Date ________________
On behalf of Premium Web Development, L.L.C.:
_______________________________________
Date ________________
