Used in conjunction with the Website
Planning Worksheet which should also be printed out by
the client. If you are ordering an online store, also print
out the Store Planning Worksheet.
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Contact Name ______________________________
Phone ___________ FAX ___________
Company/Client _____________________________
Address ________________________________
______________________________________________
City ____________________ State ____ ZIP ____ Country ___
E-mail address _________________________
Present WWW URL (if any):
_______________________________________________
Username ________________
Password ______________________
My 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 Lori Leach DBA Zenful
Creations, a sole proprietor, located at 4240 NW 120th Lane,
Sunrise, FL, 33323, 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 Lori Leach
DBA Zenful Creations to access this account, and authorizes
the web hosting service to provide Lori Leach DBA Zenful Creations
with "write permission" for the client's webpage
directory, cgi-bin directory, and any other directories or
programs which need to be accessed for this project. The client
also authorizes Lori Leach DBA Zenful Creations 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.)
Lori Leach DBA Zenful Creations includes the following elements
in their Standard Website Packages:
- E-mail/phone consultation (Up to 2 hours total
general Internet orientation education, marketing strategy,
Web design consultation, and helping clients learn to use
their own webpage editor. Telephone long distance charges
are in addition to package rates quoted. Additional education
and consultation is at our hourly rate.)
- Words of text supplied by the client (200 words
per page approximate maximum if not supplied via diskette.
webpages of more than 1,200 words of text may be subject
to additional fees, especially if they require a great deal
of formatting.)
- Links to external pages, up to an average of
2.5 per page.
- Custom Graphics Package. Masthead graphic on
first page (simple custom graphic incorporating company
logo). Top-of-page graphic for all other pages in your website.
Colorful lines and bullets, and colored and textured background.
- Photos and other misc. graphic images supplied
by client (up to an average of 1.3 included per page in
standard websites and "regular" online store pages,
in addition to masthead and top-of-page graphic. Color originals
larger than 5" x 8" are extra).
- Installation of webpages on the client's web
hosting service.
- Discounted rates for web site maintenance.
- Discounted rates for Search Engine Optimization
- E-mail response link on each webpage to any
e-mail address the client designates.
- Feedback or guest book form (Basic CGI program
included. Includes up to 20 fields. Extra charges may be
incurred if the client's web hosting service does not use
a Unix operating system. Not included in the package price
for sites smaller than 6 pages. This is not included in
online stores, since the shopping cart software is a functional
equivalent.)
3. Standard Website Packages only.
(Cross out this section for online stores.)
The content of the webpages will be supplied by the client
and executed as specified by the client in the "Website
Planning Worksheet" dated _______________. This website
includes up to ___________ webpages. In case the client desires
additional standard webpages beyond the original number of
pages specified above, the client agrees to pay Lori Leach
DBA Zenful Creations an additional $_______ for each additional
webpage. Graphics or photos beyond the allowed average of
1.3 per webpage shall be billed at an additional $____ each.
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 below. The store size
and additional services, and prices of each are detailed on
the attached estimate.
4. Online stores only. (Cross
out this section for Standard Website Packages.)
The text and graphic content of the webpages will be supplied
by the client and executed as specified by the client in the
"Webpage 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 Lori Leach DBA Zenful Creations dated ____________
is attached to this document and governs the prices for this
contract. Notwithstanding any prices listed in literature
or on webpages, the client and Lori Leach DBA Zenful Creations
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 2 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 webpages, 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 a discounted rate for minor web page
maintenance to regular web pages (not store product pages),
including updating links and making minor changes to a sentence
or paragraph. This rate is $15.00 off our regular hourly rate.
If the client or an agent other than Lori Leach DBA Zenful
Creations attempts updating the client's pages, time to repair
web pages will be assessed at the hourly rate, and is not
included as part of the updating time.
Changes requested by the client beyond those limits will
be billed at the hourly rate of $35.00 p/h. This rate shall
also govern additional work authorized beyond the maximums
specified above for such services as general Internet orientation
education, marketing consulting, web page 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 web page 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 webpages have been
constructed will be additional, billed at the hourly rate.
7. Web Hosting.
The client understands that any web hosting services require
a separate contract with a web hosting service. The client
agrees to select a web hosting service which allows Lori Leach
DBA Zenful Creations 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 system, standard CGI software may not work, and providing
a substitute may incur additional charges.
8. Completion Date.
Lori Leach DBA Zenful Creations 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
_________________________.
If the client does not supply Lori Leach DBA Zenful Creations
complete text and graphics content all webpages contracted
for within six 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 two months 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
advertised.
9. Payment of Fees.
Fees to Lori Leach DBA Zenful Creations are due and payable
on the following schedule: 50% upon signing this contract,
50% when the webpages have been constructed according to the
client's original written specifications. If the total amount
of this contract is less than $600, the total amount shall
be paid upon signing this contract. In case the client has
not secured Web space on a web hosting service by the time
the webpages are completed, the webpages 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.
10. Assignment of Project.
Lori Leach DBA Zenful Creations 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.
Lori Leach DBA Zenful Creations does not warrant that the
functions contained in these webpages or the Internet website
will meet the client's requirements or that the operation
of the webpages will be uninterrupted or error-free. The entire
risk as to the quality and performance of the webpages and
website is with client. In no event will Lori Leach DBA Zenful
Creations 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 webpages or
website, even if Lori Leach DBA Zenful Creations 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 Lori Leach DBA Zenful Creations
and unconditionally guarantees that any elements of text,
graphics, photos, designs, trademarks, or other artwork furnished
to Lori Leach DBA Zenful Creations for inclusion in webpages
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 Lori Leach DBA Zenful
Creations 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 Lori Leach DBA Zenful Creations and its
subcontractors from any claim, suit, penalty, tax, or tariff
arising from the client's exercise of Internet electronic
commerce.
14. Copyright to Webpages.
Copyright to the finished assembled work of webpages produced
by Lori Leach DBA Zenful Creations is owned by Lori Leach
DBA Zenful Creations. 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.
Lori Leach DBA Zenful Creations and its subcontractors retain
the right to display graphics and other Web design elements
as examples of their work in their respective portfolios.
15. Payment of fees.
In order for Lori Leach DBA Zenful Creations 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. If an amount remains delinquent 30
days after its due date, an additional 5% penalty will be
added for each month of delinquency. Lori Leach DBA Zenful
Creations reserves the right to remove webpages 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 Lori Leach DBA Zenful Creations. Regardless of the
place of signing of this agreement, the client agrees that
for purposes of venue, this contract was entered into in Broward
County, Florida, and any dispute will be litigated or arbitrated
in Broward County, Florida. Please pay on time.
18. Process
The design process for the development of your website will
be as follows.
- Inital design consultation - up to two hours at no charge
- Deposit will be made via PayPal
- Design process begins per specs given by you
- Mockup is presented for your review and revisons
- Revisions are made and mockup is represented
- Mockup is approved and moves to coding
- Coding of design is done and remitted for ONE runthrough
- You remit any text changes and sign off
- You are invoiced the balance due
- Upon payment, files are remitted.
17. Sole Agreement.
The agreement contained in this "Website Design Contract"
constitutes the sole agreement between Lori Leach DBA Zenful
Creations 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 six (6) months after both parties sign
this contract. Continued services after that time will require
a new agreement.
19. 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 the Lori Leach DBA Zenful
Creations, 4240 NW 120th Lane, Sunrise, FL, 33323, phone (954)263-6456,
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 agreement on
behalf of his or her organization or business.
On behalf of the client (authorized signature):
_______________________________________
Date ________________
On behalf of Lori Leach DBA Zenful Creations
(authorized signature)
_______________________________________
Date ________________
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