terms and conditions

Agreement for Production of Web Site

Client Name _____________________________________________________

 

DESCRIPTION OF PROJECT AND PROCESS

 

1. Devon Web Services, referred to in this document as “Design Firm”, will plan, design, and code a web site for the individual or corporation named above, referred to in this document as “Client”,  to the specifications in the attached SITE SPECIFICATION.

 

2. The estimate included here covers only that which is described in the SITE SPECIFICATION. Additional work will result in additional charges. Additional work is defined as the addition of pages, graphics, or other significant features, any graphic, page design, or actual page requiring more than two rounds of revisions, revisions to text content provided ready for publication, changes to elements which have been finalized, or significant changes in plan, scope, or direction of project. In this case, Client will be provided with a written CHANGE ORDER including an estimate for the additional work.

 

3. The process for the creation of visuals, such as graphics and page designs, consists of Design Firm providing a draft and asking for feedback from Client; the feedback is then used to produce another draft. This estimate assumes that 2 rounds of this process for each design element will suffice.

 

4. Text content will be provided by Client as final drafts ready for publication in one of the following formats; plain text/html (e.g. an email), .doc (MS Word), .odt (LibreOffice/OpenOffice), or .pdf (Adobe). Graphic content will be provided by Client in an orderly manner and clearly labeled as to desired use on site .png, .jpg, .gif are acceptable, other formats may be agreed upon.

 

5. To maintain our portfolio credentials, and the integrity of any applicable copyrights, Design Firm shall be entitled to place an unobtrusive credit with a hypertext link (“Web Site Design by…”) in the footer on each page of the web site. Design Firm is also entitled to reproduce samples of Client’s web site in our portfolio and in any marketing materials.

 

6. Design Firm may use qualified subcontractors under supervision for any or all work on this project.

 

ESTIMATE AND PAYMENT ARRANGEMENTS

 

7. Design Firm estimates that the cost for producing the site described in the attached SITE SPECIFICATION will be ________________ .

 

8. Payment shall be made as follows:

A deposit of 1/2 of estimated total, _____________, is due upon signing of this Agreement;

The second half is payable when the design is finalised.

 

9. Extra work can, but does not have to be, undertaken on an hourly rate.

 

2

OTHER LEGAL AGREEMENTS

 

10. Design Firm will maintain the confidentiality of Client’s source materials, technical and marketing plans and all other sensitive information.

 

11. Design Firm and Client agree that any dispute arising out of this Agreement shall first be resolved by mediation, if possible. This contract was entered into in the county of Devon, and any necessary arbitration or litigation will take place in this county.

 

12. Copyright to web documents produced by Design Firm, including page designs, source code, and the unique assembly of these elements which constitutes a web site, shall be retained by Design Firm. Upon full payment of all invoices due, Client is fully licensed to use and freely reproduce these products for her own purposes; however, this license may not be re-sold or transferred to any third party. Secondary materials created by Design Firm during production, including drafts, plans, graphic source files, and templates, remain the sole property of Design Firm.

 

13. Client is solely responsible for the editorial content of the material included on its website. Accordingly, Client agrees that it will defend and indemnify (hold harmless) Design Firm from any suit, demand, or claim resulting from the editorial content of the website.

 

14. Client represents to Design Firm and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Design Firm for inclusion in Client’s web site are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Design Firm and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

 

15. Design Firm will not be liable to Client or to any third party for any damages arising from the use of web site.

 

16. 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.

 

17. To be valid, this Agreement must be signed within 30 days of ___________________, and be accompanied by the agreed deposit.

 

18. To be valid, this Agreement must be have an attached SITE DESCRIPTION document, signed and dated by Design Firm and Client.

 

19. This Agreement may have attachments consisting of one or more initialed and dated CHANGE ORDERS, whose terms shall become part of this contract.

 

Our signatures below indicate our agreement with the terms of this contract.

 

Design Firm signature

_______________________________________________

 

Date

__________________

 

Client signature

_______________________________________________

 

Date

__________________

 

 

 

 

 

 

SITE SPECIFICATION

The following describes the planned web site for the purposes of the estimate included in the attached contract.

 

Specifications in subsequent CHANGE ORDERS shall supercede these.

Total Number Of Pages: ________

Total Number Of Graphic Images: ________

List Of Planned Pages:

___________________________________ ___________________________________

___________________________________ ___________________________________

___________________________________ ___________________________________

___________________________________ ___________________________________

___________________________________ ___________________________________

___________________________________ ___________________________________

___________________________________ ___________________________________

___________________________________ ___________________________________

___________________________________ ___________________________________

___________________________________ ___________________________________

Details On Text Content To Be Included:

 

 

Details On Graphic Elements To Be Included

 

 

Other features/functions

 

Agreed By:

 

Design Firm signature

 

_______________________________________________

 

Date

 

__________________

 

Client signature

 

_______________________________________________

 

Date

 

__________________