Terms of
Agreement:
1. Authorization.
________________________________, herein after referred to as client is engaging
Sites4Unions, located at 4014 Ohio Avenue, Tampa, FL, 33616 USA, as an
independent contractor for the specific project of developing and/or improving a
World Wide Web Site to be installed on space on a web hosting service's
computer. The client hereby authorizes Sites4Unions to access this account, and
authorizes the web hosting service to provide Sites4Unions 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 Sites4Unions to publicize their completed website to Web
search engines, as well as other Web directories and indices should it be agreed
that Sites4Unions is to do so.
2. Package Choice.
Client has chosen the ____________ Package, which shall include up to ______ Web
pages. If more pages are required by Client, each page will be an additional
$95.00 for text only, or $115.00 for forms. The content of the site will be
provided by Client dated ____________, and is hereby made a part of this
contract.
3.
Content.
The
following features are included, with some exceptions as noted.
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Consultation - ______ hours of consultation time, in which time Company
shall determine Client's needs and goals. Consultations may take place by phone, e-mail or in person, at
Company's discretion.
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Long distance phone charges and travel costs are not included, and will be
added to package price.
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Text - Up to 180
words per page, provided by Client. Client hereby grants
permission for Company to place "Website design by
Sites4Unions.com" at the bottom of home page, and
copyright information at the bottom of every page, with links to Company's home page.
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Graphics - Home page Masthead, top-of-page graphic with navigation bar,
both designed by Company, plus background texture or color, bullets, and dividers. ______ graphics and
photos are also included with packages, which shall be provided by Client. Size of graphics files should be
limited to 20KB. If Client requests more graphics, they can be added for additional cost. If custom graphics
or backgrounds are requested, Company design time will be billed at $50.00/hour.
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Links - Mainly depending on website package chosen by Client determines
number of links on each page.
-
Hit Counter* - Home page hit counter for monitoring number of hits on the
site. Not available with all packages.
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Form* - Form for viewer feedback, requests for information, surveys,
database processing, etc. Form results can be emailed to the Client and/or updated into a database. Not available
with all packages.
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Search* - Page for viewer to search Client's entire website for keywords.
Not available with all packages.
-
Navigation Map* - Hyperlinked index of entire site for ease in navigation. Not
available with all packages.
-
Marketing - Submission to search engines.
NOTE: The Hit Counter, Forms and Search features require the client to
have ASP, CGI, Frontpage Extensions capability on their server.
4. Maintenance and
Hourly Rate.
Maintenance
agreements are negotiated based on
the needs of the Client. Maintenance agreements and the terms of the maintenance
agreement will be
listed as an appendix to this agreement. Sites4Unions offers 3
different types of agreements.
-
Client is allowed a fixed
number of hours for editing and updating with additional
hours beyond those billed at an hourly rate.
-
Client pays a fixed monthly rate for moderate changes and updating (This choice also includes a maximum number of hours)
-
Customer pays on an 'as needed' hourly basis.
NOTE:
Some Clients
will desire to independently edit or update their web pages after completion to
control costs and avoid the expense of a Maintenance Agreement.
This is always an option if the Client desires this capability, and it will be specifically listed
in the Appendix. However, if this option is selected and the Client and/or an agent of the Client other
than Sites4Unions attempts to update the web site and damages the design or impairs the ability for
the web pages to display or function properly, time to repair the web pages will be assessed at
the hourly rate of $55. There is a two hour minimum. Due to this, Clients are encouraged to obtain a
Maintenance Agreement.
5. Changes to
Submitted Text. Sites4Unions will do “polishing” or minor rewrites of
text,
where agreed upon, with final approval to be given by the client. Major
rewrites,
including but not limited to, those requiring research, will be
assessed an additional
charge, billed at the hourly rate of $45.00.
6. Hosting.
Sites4Unions
will either secure an account with a Host Provider on behalf of the Client, or
the Client may secure the account independently.
However, the
Client is encouraged to use the services of Sites4Unions. Client understands
that should they choose to secure an account with a Host Provider independently,
the agreement with such Host Provider is separate from this agreement and will
be listed as such as an appendix to this agreement. Domain registration is at an
additional fee of $45.00 per year for .com and $65 per year for
.ca.
International
Registration fees will per rate at time of signing agreement.
7. Completion
Date. Sites4Unions and the client must work together to complete the website
in a timely manner. Sites4Unions
will work expeditiously to complete the website no later than
____________________________. If the client
does not supply Sites4Unions complete text and graphics content for all web
pages contracted within 14 days
of the date this contract was signed, the entire amount of the contract becomes
due and payable.
8. Payment of
Fees. Fees to Sites4Unions are due and payable on the following
schedule:
** Updating
may occur only after the final payment is made.
All payments will be made in US
funds.
9. Assignment of
Project. Sites4Unions reserves the right to assign subcontractors
to this
project to insure the right
fit for the job as well as on-time completion.
10. Warranty.
Sites4Unions does not warrant that the functions contained in these
web pages or
the Internet website, or the
operation of the web pages will be 100%
uninterrupted or error-free. In no event
will Sites4Unions 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 website, even if Sites4Unions 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.
11. Copyrights and
Trademarks. The client represents to Sites4Unions and
unconditionally
guarantees that any elements of
text, graphics, photos, designs,
trademarks, or other artwork furnished to
Sites4Unions 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
Sites4Unions and its
subcontractors from any claim or
suit arising from the use of
such elements furnished by the client.
12. 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 Sites4Unions and
its subcontractors
from any claim, suit, penalty, tax, or tariff arising from the client's exercise
of Internet
electronic
commerce.
13. Copyright to
web pages.
Copyright to
the finished assembled work of web pages produced by Sites4Unions is owned by
Sites4Unions. 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. Sites4Unions and its subcontractors
retain the right to display graphics and other Web design elements as examples
of their work in their
respective portfolios.
14. Payment of
fees. 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. If an amount remains delinquent 30 days
after its due date, an
additional 5% penalty will be added for each month of delinquency. Sites4Unions
reserves the right to remove web
pages from viewing on the Internet until final payment is made. In case
collection proves necessary, the
client agrees to pay all fees incurred by that process. This agreement becomes
effective only when signed by
Sites4Unions. Regardless of the place of signing of this agreement, the client
agrees that for purposes of
venue, this contract was entered into in Hillsborough County, Florida, and any
dispute will be litigated or arbitrated in Hillsborough County, Florida.
15. Sole Agreement.
The agreement contained in this "Website Design Contract" constitutes the sole
agreement between
Sites4Unions 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 twelve (12) months
after both parties sign this contract. Continued services after that time
will require a new agreement.
16. Additional Expenses. Client agrees to reimburse Site4Unions for any
critical Client requested expenses necessary for the completion of the project.
Example:
A. Purchase of specific fonts at the Client's request,
B. Purchase of specific photography at the Client's request.
C. Purchase of specific software at the Client's request.
D. Submittal to specific search engines at the Client’s request.
17. Initial Payment
and Refund Policy.
The total amount
of this contract is $______________.
This agreement
begins with an initial payment of $_____________.
If the client
halts work and applies by registered letter for a refund within 30 days, to
Sites4Unions, 4014 Ohio
Avenue, Tampa FL 33616 Tel. 813-727-2866, 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 of
$45.00. No portion of
this initial payment will be refunded unless written application is made within
30 days of signing this
contract.
Authorized representative of the Client certifies that he or she is at
least 18 years of age and legally capable of entering a contract in the State of Florida on behalf of the Client.
The undersigned
agrees to the terms of this agreement on behalf of his or her organization or
business.
On behalf of
the client:
Printed Name:
_____________________________________________
Signature:
_________________________________________________
Date:
_________________________
On behalf of
Sites4Unions.com:
Printed Name:
____________________________________________
Signature: ________________________________________________
Date: _________________________
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