Design Agreement
X-Graphix Design
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Contact Name: _____________________________Company Name: _____________________________Street Address: _____________________________
City, State, Zip: _______________ , __________ , _______
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GENERAL WEBSITE DESIGN AGREEMENT
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| X-Graphix Design – X-Graphix desire is to delight the client. One way is to make clear our understandings with each other. These are the terms of our agreement together: | |||||||||
| 1. Authorization. The above-named client is engaging X-Graphix – Webmaster, a Sole Proprietor, located at 1905 John Glenn Rd. Dayton, Ohio 45420, as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on the client’s web space on a web hosting service’s computer. The client hereby authorizes X-Graphix to access this account, and authorizes the web hosting service to provide X-Graphix with “write permission” for the client’s web page’s directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes X-Graphix to publicize their completed website to Web search engines, as well as other Web directories and indexes. | |||||||||
2. Standard Website Package Elements. (For Standard Website Packages Only. Cross out for online stores.) X-Graphix includes the following elements in their Standard Website Packages:
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| 3. Standard Website Packages only. (Cross out this section for online stores.) The content of the webpage’s will be supplied by the client and executed as specified by the client in the “Website Planning Worksheet” dated ___________ or email correspondences). This website includes up to ( 5 )static webpage’s In case the client desires additional standard webpage’s beyond the original number of pages specified above, the client agrees to pay X-Graphix an additional rate as defined by posted price list for each additional webpage. Graphics or photos beyond the allowed average of 2.3 per webpage shall be billed at an additional hourly rate. Where custom graphic work (beyond the scope of the “Custom Graphics Package” detailed above) is requested, it will be billed at the hourly rate specified on posted Price list. | |||||||||
| 4. Online stores only. (Cross out section for Standard Website Packages.) The text and graphic content of the webpage’s will be supplied by the client and executed as specified by the client in the “Website Planning Worksheet” dated _______________. and the Store Planning Worksheet dated _____________. It is understood that total prices calculated below are likely to vary from the final amount due to different quantities of products, categories, photos, regular pages, etc. in the final store. An Estimate from X-Graphix dated ____________ is attached to this document and governs the prices for this contract. Not withstanding any prices listed in literature or on webpage’s, the client and X-Graphix agree that the services described above in this section shall be completed for $__________________ and upon this amount the first payment shall be determined. The final payment shall reflect and include all elements actually completed at the prices attached.We include e-mail/phone consultation of up to 8 hours total general Internet orientation education, marketing strategy, Web design consultation, and helping clients learn to use the store software. Telephone long distance charges are in addition to package rates quoted. Additional education and consultation is at our hourly rate.)Product webpage’s, products, or photos added after the store is ready for advertising to the Web search engines will be calculated for actual time spent at the hourly rate specified below. | |||||||||
| 5. Maintenance and Hourly Rate. This agreement includes minor webpage maintenance to regular webpage’s (not store product pages) over a four week period, including updating links and making minor changes to a sentence or paragraph. It does not including removing nearly all the text from a page and replacing it with new text. If the client or an agent other than X-Graphix attempts updating the client’s pages, time to repair webpage’s will be assessed at the hourly rate, and is not included as part of the updating time. The four week maintenance period commences upon the date the client’s website is officially published to the web and all monies paid.Changes requested by the client beyond those limits will be billed at the hourly rate. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, webpage design, editing, modifying product pages and databases in an online store, and art, photo, graphics services, and helping clients learn how to use their own webpage editor. CGI programming charges (if any) are not included in this rate. | |||||||||
| 6. Changes to Submitted Text. Please send us your final text . Time required to make substantive changes to client-submitted text after the webpage’s have been constructed will be additional, billed at the hourly rate. | |||||||||
| 7. Web Hosting. The client understands that any web hosting services may require a separate contract with a web hosting service. The client agrees to select a web hosting service which allows X-Graphix full access to the website and a cgi-bin directory via FTP and telnet. The client further understands that if the web hosting service’s operating system is not a Unix or NT system, standard CGI software may not work, and providing a substitute may incur additional charges. In the event X-Graphix Design is given directly or indirectly the responsibility for setting up and incurring expense for hosting, all monies due prior to any changes. | |||||||||
| 8. Completion Date. X-Graphix and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website no later than 30 Business DAYS from Initial Contract Approval and initial 75% of Total Project Fee Deposit Paid.If the client does not supply X-Graphix complete text and graphics content all webpage’s contracted for within four weeks of the date this contract was signed, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within six weeks after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is published. | |||||||||
| 9. Payment of Fees. Fees to X-Graphix are due and payable on the following schedule: 75% upon signing this contract or verbal / email contact agreeing to the above, 25% when the webpage’s have been constructed and proofed according to the client’s original written specifications unless other arrangements have been agreed upon. The website will be published on the World Wide Web once all monies due are paid.If the total amount of this Agreement is less than $1500.00, the total amount shall be paid upon written acceptance this Agreement.In case the client has not secured Web space on a web hosting service by the time the webpage’s are completed, the webpage’s may be delivered to the client on diskette or attached to an e-mail message. Advertising the pages to Web search engines and updating occur only after the final payment is made. All payments will be made in US funds made out to, ” Jason T. Jones “. We accept Business Checks and Cash. Personal Checks must clear before website design will begin. | |||||||||
| 10. Assignment of Project. X-Graphix reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion. | |||||||||
| 11. Legal. X-Graphix does not warrant that the functions contained in these webpage’s or the Internet website will meet the client’s requirements or that the operation of the webpage’s will be uninterrupted or error-free. The entire risk as to the quality and performance of the webpage’s and website is with client. In no event will X-Graphix – Webmaster (X-Graphix.com ) 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 webpage’s or website, even if X-Graphix has been advised of the possibility of such damages. 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. | |||||||||
| 12. Copyrights and Trademarks. The client represents to X-Graphix and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to X-Graphix for inclusion in webpage’s 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 X-Graphix and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. | |||||||||
| 13. Laws Affecting Electronic Commerce – From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend X-Graphix and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce. | |||||||||
| 14. Copyright to Webpage’s Copyright to the finished assembled work of webpage’s produced by X-Graphix is owned by X-Graphix Design. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. 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. X-Graphix and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.Removing any such marks or links (defined as “designed by X-Graphix website design” or any other keywords selected by X-Graphix for designed web pages or URL links associated with those words) such pages will infringe on X-Graphix copyrights and will be liable for $250 per page per day they are removed. | |||||||||
| 15. Payment of fees. In order for X-Graphix to remain in business, payments must be made promptly. Delinquent bills will be assessed a $15 charge if payment is not received within 10 days of the due date. X-Graphix reserves the right to remove web page’s from viewing on the Internet until final payment is made. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency and the website will be ” turned off from public viewing (if its within our control) with a Splash Page stating that the website is undergoing routine maintenance. Any statement from the client that payment will not be made in the future, then X-Graphix reserves the right to “turn off ” the website at any given time past the actual due date. If an amount remains delinquent 60 days after its due date, all files will be removed from the server and no duplication rights or usage will be granted . In case collection proves necessary, the client agrees to pay all fees incurred by that process. This Agreement becomes effective immediately upon website publishing and clients are encouraged to read Agreement terms carefully and thoroughly and ask questions to X-Graphix- Webmaster, X-Graphix if they should arise. Regardless of the place of reading / signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Dayton, Ohio, and any dispute will be litigated or arbitrated in Dayton, Ohio. Please pay on time. | |||||||||
| 16. Sole Agreement. The agreement contained in this ” Website Design Agreement ” constitutes the sole agreement between Jason T. Jones – Webmaster X-Graphix, its subcontractors, and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for 12 months after all parties sign this contract. Continued services after that time will require a new agreement. | |||||||||
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17. Initial Payment and Refund Policy.
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The total amount of this Agreement is ______ (or as quoted in person or email) This agreement begins with an initial payment of _______ (or as quoted in person or email) |
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If the client halts work and applies by registered letter for a refund within 30 days, to the Sole Proprietor of X-Graphix, Dayton, Ohio 45420, phone (929) 322.4932, 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 above also applies to up front hosting fees. No refunds for hosting will be made after 30 days unless server logs demonstrate that the website was not accessible via a standard internet browser viewable for a period more than 10%. Either by contracting verbally / via email or by signing this agreement, the undersigned agrees to the terms of this agreement on behalf of his or her organization or business. |
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| On behalf of the client (authorized signature): __________________________________________ Date _________ | |||||||||
| On behalf of X-Graphix Design (authorized signature) ____________________________________ Date __________ | |||||||||