Sie sind auf Seite 1von 8

WEBSITE DESIGN AGREEMENT

This Website Design Agreement (the Agreement) is made and entered on _________________________________, 2013 by and between Company Name (referred to as Client in this agreement) and Ernest McDermon dba Front Wave Websites (referred to as Webmaster in this agreement) (Collectively referred to as the Parties). Clients current website address, if any, is: SEE APPENDIX B (DOMAIN NAMES) (the URL). The Parties agree as follows: 1. SERVICES: Client shall engage Webmaster for the specific project of developing and/or maintaining an Internet Website (the Site) to be installed on the clients web space, if any, located on its Server or an Internet Service Providers (ISPs) Web Server. Such services to be described in greater detail below (the Services): [initial those services that will be included] a) Email/Phone Consultation. Webmaster will be responsive to clients questions by email or phone. b) Web Page Design. Webmaster will provide Client up to 5 web pages (e.g. home page, contact page, products page, etc.) (the Pages). Client shall supply the initial draft text (500 word maximum per page) for each page. Further specifications for the Pages are listed in APPENDIX A attached hereto. Webmaster recommends that the graphics package be mobile friendly and use technologies like responsive design, HTML5, and touch-enabled. c) Domain Name Registration/Reservation. Effective 1 January 2013, Front Wave will no longer be in the business of registering domains. Client is responsible for all domain name fees and registration costs. Webmaster can provide advice on domain name considerations, and recommended registrars. d) Links. Webmaster will provide Client up to 5 links to external pages. e) Custom Graphics. Webmaster will provide Client with the following graphics (the Custom Graphics):

Website Design Agreement

Elements of the Initial Graphics Template Package (referred to as Graphics in this agreement, and defined as the overall design, colors, layout, images, and style sheets that comprise the website) may include graphics sourced from TemplateMonster.com (or similar on a Standard (Non-Exclusive) Use License basis, which will be customized for the Clients logo, ad copy, navigation buttons needed etc. Client will have the opportunity to preview Graphics before selection is made and construction begins. Webmaster will provide up to 5 non-exclusive use, screen resolution, royalty free images where appropriate to enhance page content (e.g. typewriter image on Contact Us page, etc.). f) Web Page Installation. Webmaster will install the Pages on the ISPs Host Computer. g) Registration. Webmaster will register the Page(s) with the following search engines: Sitemap file will be created and presented to Google on XML feed to pre-crawl the website. Any registration costs or fees are the responsibility of Client. h) Revisions/Updates. Webmaster will provide Client with up to 3 hours labor for consultation, telephone training where necessary, installing additional images into the website, Flash banner ads, etc. within a 30 day period after the installation of the Pages. The purpose of the revisions and updates is to: i) make cosmetic adjustments to the Pages and ii) correct spelling/grammar errors; however, they are not for the purpose of making major changes to the website (e.g. complete redesign). Additional consultation, revisions and maintenance may be purchased at Webmasters hourly maintenance rate of $55.00 per hour for Calendar Year (CY) 2013 - 2014, billable in 15 minute increments with a one hour minimum per project.

2. AUTHORIZATION. If applicable, Client hereby authorizes Webmaster to access the Sites Web Hosting and Domain Management account (defined as the Clients Account Administration area with their ISP or Domain Registrar) located on the following ISPs host computer: ___________________________________________________________________________

Website Design Agreement

3. COMPENSATION: For the Services contemplated in this Agreement, the Client will pay

WEBMASTER PROVIDES:
Initials

_____
Client

_____
Webmaster

For the Services contemplated in this Agreement, the Client will pay Webmaster a fee of $ . This fee does not include the production of any additional pages, additional photos, or additional graphics not described in Section 1 of this Agreement. Depends on Website Selected - Line out option not offered. Included Web Hosting Services with Webmaster for 1 Year on Webmasters web server. (1.5 GB storage, 2 GB data transfer monthly, 50 e-mail accounts.) Hosting renewal is $200.00 annually (or $20.00/month) for CY 2014. Included Non-Profit Web Hosting Services with Webmaster for 1 Year on Webmasters web server. (1.2 GB storage, 2.0 GB data transfer monthly, 10 email accounts.) Hosting renewal is $185.00 annually for CY 2014.

Initials

_____
Client

_____
Webmaster

_____
Client

_____
Webmaster

$__N/A CUSTOM GRAPHICS Client may elect to have our Graphic Artist prepare three sample Home Page designs for a completely custom look for the website. Once a design is selected, this will form the basis of the production version of the graphics template for included pages. Further customizations to a given design, or additional sample Home Pages are available at artists rate of $65.00 per hour. (Provided by Mielke Graphic Design)

_____
Client

_____
Webmaster

Included Contao CMS Webmaster will install and configure this powerful, but easy to learn Content Management System. This software will allow client to perform routine updates to the website. This includes 3 hours onsite/online training on this system. Additional labor charges will be required to setup / configure selected modules e.g. Employee Information. ($895.00 Retail Value)

CLIENT PROVIDES:

_____
Client

_____
Webmaster

Ad copy, text, graphics and images (including appropriate licensed copyright images of musicians, albums etc.) to ensure that construction of the new website proceeds in a timely manner. Client will be reasonably accessible to Webmaster by phone and e-mail to answer questions etc. which may arise during the build out phase of the new website.

4. TIME OF COMPLETION: Webmaster will take all reasonable actions to complete


Website Design Agreement 3

the services by 21 - 30 days from receipt of signed agreement. However, Client acknowledges that delays in Webmaster receiving materials from Client or a third party may slow completion of the Services. Completion of the Services means the earlier of: i) upon approval of the Site by Client after the Site has been uploaded to a temporary or permanent site on the Clients or the ISPs host computer, or ii) 7 days after the site has been uploaded to a temporary or permanent site on Clients or ISPs host computer for approval by Client if Client has not notified Webmaster of its approval or disapproval of the Site. 5. EXPENSES: Client agrees to reimburse Webmaster for all reasonable expenses authorized in advanced by Client and incurred in connection with this Agreement including, but not limited to, special graphics, special photography, special software, special fonts, etc. 6. INDEPENDENT CONTRACTOR. Webmaster is an independent contractor and not an employee of the Client, and, unless otherwise stated in this Agreement, is not entitled to any of the benefits normally provided to the employees of Client. 7. CONFIDENTIALITY: Webmaster acknowledges that he/she may have access to Clients confidential and proprietary information. Confidential Information means that information classified as a trade secret under the Georgia Trade Secrets Act of 1990. Such confidential information may include, without limitation: i) business and financial information, ii) business methods and practices, iii) technologies and technological strategies, iv) marketing strategies and v) other such information as Client may designate as confidential (Confidential Information). Webmaster agrees to not disclose to any other person (unless required by law) or use for personal gain any Confidential Information at any time during or after the term of this Agreement, unless Client grants express, written consent of such a disclosure. In addition, Webmaster will use his/her best efforts to prevent any such disclosure. Confidential Information will not include information that is in the public domain, unless such information falls into the public domain through Webmasters unauthorized actions. 8. OWNERSHIP OF PREPARED MATERIALS: Webmaster is the owner of the Prepared Materials. In consideration of the compensation paid by Client, Webmaster grants to Client an irrevocable, perpetual, worldwide and non-exclusive license to use the Prepared Materials in its advertising and marketing without any additional royalty or fee whatsoever. However, Client may not re-license, assign or otherwise permit any third party to use the Prepared Materials without the written consent of Webmaster. The Prepared Materials do not, however, include any items or materials that pre-existed this Agreement (Pre-existing Materials). Client acknowledges and agrees that Webmaster may include the Site, the Pages, Images or any of the other Prepared Materials in Webmasters portfolio. 9. CLIENT REPRESENTATIONS. Client represents and warrants that the text, graphics, and photographs provided to Webmaster for the Site are owned or licensed by Client, and that Client is authorized to use and display such items in the manner contemplated by this Agreement. Client shall be solely responsible for the Site and materials on the Site and the validity of copyrights, trademarks and ownership claimed by Client. Client agrees to
Website Design Agreement 4

indemnify and hold Webmaster harmless from and against any claim, loss, damage, expense or liability (including attorney's fees and costs) that may result in whole or in part, from: i) any infringement or any claim of infringement, of any trademark, copyright, trade secret, or negligence arising from any of the text, graphics, and photographs provided by Client, ii) any claim by a third party regarding any services or products sold or otherwise distributed by Client, its employees or agents, or iii) any claim, suit, penalty, tax or tariff arising from Clients use of the Internet or electronic commerce . 10. TERMINATION OF CONTRACT: In the event Client cancels or terminates this Agreement before Completion of the Services, Webmaster shall be paid by Client on the basis of the number of hours spent on the project multiplied by the Webmasters hourly rate for all completed work, plus payment of any authorized expenses. 11. RETURN OF PROPERTY: Upon termination of the Services, Webmaster will promptly return to Client all drawings, documents and other tangible manifestations of the Confidential Information (and all copies and reproductions thereof). In addition, Webmaster will return any other property belonging to Client including without limitation: computers, office supplies, and documents. 12. CONTINUING OBLIGATIONS: Notwithstanding the termination of this Agreement for any reason, the provisions of Sections 7, 8 and 9 of this Agreement will continue in full force and effect following such termination. 13. BINDING EFFECT: The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties. 14. CUMULATIVE RIGHTS: The Parties rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law. 15. WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that partys right to subsequently enforce and compel strict compliance with every provision of this Agreement. 16. SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited. 17. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified by hand in writing and must be signed by both Client and Webmaster. Hand written changes or additions to this Agreement should be initialed.

Website Design Agreement

18. NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by commercial delivery service, addressed as follows: Client: Company Name Contact Address City, State Zip Webmaster: Front Wave Websites 3551 Spring Creek Circle SW Snellville, GA 30039 Ofc: 770-558-2973 Cell: 770-354-8259 Phone: 770-945-5763 Fax: 678-714-5835 E-Mail: E-Mail: ernest@frontwavewebsites.com

Either party may change such addresses from time to time by providing notice as set forth above.

Website Design Agreement

19. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. Any disputes arising out of this Agreement shall be resolved in the magistrate, state or superior courts of the State of Georgia. The exclusive venue for the resolution of any dispute shall be Gwinnett County, Georgia without regard to the fact that no party hereto may be a resident of said county. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first written above. CLIENT: WEBMASTER:

_______________________________ Signature _______________________________


Name (please print)

______________________________ Signature ERNEST McDERMON


Name (please print)

_______________________________
Title

OWNER
Title

TOTALS:

Reimbursed Expenses (previously discussed)

TERMS:

50% Up Front, balance on delivery.

MAKE CHECK PAYABLE TO "FRONT WAVE WEBSITES"


Website Design Agreement 7

APPENDIX A SPECIFICATIONS FOR PAGES

Client Initials: __________

Webmaster Initials: __________

Das könnte Ihnen auch gefallen