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Salris Web Design and Support Web Site Contract This CONTRACT including its attachment of the Web Design Proposal dated today: ______________ provides CLIENT and Salris Web Design with a formal, binding understanding and agreement to purposes and goals. The terms follow:
1. Engagement. _________ _ ("CLIENT") is engaging Salris Web Design, as an independent contractor for the specific project of designing and implementing a web site for client's contracted web host server account. Client agrees to authorize Salris Web Design access to this account and authorizes their web host service provider to grant Salris Web Design "write permission" for the Client's web page directory, cgi-bin directory (if applicable), and any other directories or programs which need to be accessed in order to complete this project.
2. Warranties. Salris Web Design represents and warrants to CLIENT that it has the experience and ability to perform the services required by this CONTRACT; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this CONTRACT; and that its performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. However, CLIENT will not determine or exercise control as to general procedures or formats necessary to have these services meet Client’s satisfaction. The CLIENT represents and warrants to Salris Web Design that it will provide CLIENT materials as required in a professional, competent, and timely manner; that it has the power to enter into this CONTRACT on behalf of CLIENT; and that its performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any federal, state or municipal laws.
3. Web Design Contract Components. · Design Consultation. Design consultation is included in this contract. The purpose of this consultation is to discover client needs and plan the web site design. These consultations may be in person or by phone. · Site Pages. Salris Web Design agrees to setup 3 or less main web site pages such as (Home, About, Events and Artists and setup 20 Artist pages with their information and photo gallery. (Additional pages will be 50.00 each) · Textual Content. Textual content will be supplied by CLIENT. · Photographs. Photographs will be supplied by CLIENT in digital or print format. If in print format Salris Web Design will scan them into a standard digital format. · Graphical Content. Each page to contain company logo if desired by CLIENT. Logo is to be provided by CLIENT. A maximum of five revisions to the draft layout will be included at no extra cost to create the look and feel that is desired. · Upload. Development of website will take place on the Salris Web Design server. Salris Web Design will upload the completed website to the CLIENT'S contracted web hosting account upon receipt of final payment from CLIENT. · Minor Updates and Changes. After website is completed and approved Salris Web Design agrees to 6 additional updates, or train someone to manage website if preferred and be available to help troubleshoot with them for 3 months (after this time 50.00 hour minimum 1hour). Updates and changes are defined as updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text. · E-mail. Salris Web Design agrees to setup Email accounts with domain name for all artists ex: (janedoe@treasurevalleyartist.com) 4. Maintenance and Updates. CLIENT may contract Salris Web Design to provide maintenance services for the website after the approved site is uploaded and the 6 additional update have been completed. 5. Submitted Content. Salris Web Design will endeavor to meet specified deadlines from client but will not be responsible if target launch date cannot be met due to late submission of materials by Client. 6 . Web Hosting. The Client understands that any web hosting services are not provided by Salris Web Design but that ICDSoft.com is recommended and Salris Web Design will facilitate contracting web hosting services with them. If Client chooses to host with another service then they would be required to do that separately. 7 . Launch Date. Salris Web Design and Client must work together to complete the elements of the web site in a timely manner. We agree to work expeditiously to complete the web site by Target Date Here, subject to date of receipt of signed contract and all materials from Client. 8 . Payment Schedule. Fees to Salris Web Design are due and payable on the following schedule. · 1/2 due upon signing this contract · Balance due upon completion of web site. · All payments will be made in US funds. Salris Web Design promises to complete all work by an agreed upon date, subject to approval and receipt of all materials from Client. All final payment shall be due on agreed-upon date, regardless of delays by Client. However, if Salris Web Design is delayed due to circumstances beyond his or her control, contract completion and required final payment will be postponed to a new agreed-upon date. At that new date, all fees will be due. 9. Legal Issues. Salris Web Design does not guarantee that the functions contained in the web pages or the web site will meet the Client's requirements or that the operation of the web site will be uninterrupted or error-free. The entire risk as to the quality and performance of the web site and pages therein is with the client. In no event will Salris Web Design be liable to Client or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if Salris Web Design has been advised of the possibilities 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. 10. Copyrights and Trademarks. Client represents to Salris Web Design and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Salris Web Design for inclusion in the web site are either 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 Salris Web Design from any claim or suit arising from the use of such elements furnished by Client. 11. Copyright to web pages. When final payment is received and web pages are published to Client's web host account the Copyright to the pages will be as follows: Logos, banners, buttons and other graphics created by Salris Web Design, for Client, are owned and copyrighted by Client. Salris Web Design is not required to keep or provide client with native source files used in the creation of these graphics. Content and photographs provided by Client are owned and copyrighted by Client or respective owners who have granted use rights to Client. HTML code and server side and browser side scripting is owned by Salris Web Design and its licensors and is licensed to Client for use on this web site only. Client is not permitted to use these scripts elsewhere or sell them to a third party. Salris Web Design reserves the right to display and link to completed web site as part of a web design portfolio. 12. Payment of Fees. Payments are due by the dates outlined in this contract or web design quote sheet. Outstanding balances that are 30 days past due will be assessed a late fee of 1.5% per each month of delinquency. Salris Web Design reserves the right to remove web pages from viewing on the internet until final payment is made. In case collection proves necessary, Client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by Salris Web Design Regardless of the place of signing of this agreement, Client agrees that for purposes of venue, this contract was entered into in Vale Oregon, and any dispute will be litigated in Vale Oregon. 13. Sole Agreement. The agreement contained in this "Web Design Contract" constitutes the sole agreement between Salris Web Design and Client regarding this web site. Any additional work not specified in this contract or web design quote sheet must be authorized by 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 date will require a new agreement. 14. Initial Payment and Refund Policy. This contract becomes binding with an initial payment in the amount of 1/2 of total amount of contract. If Client halts work and applies by registered letter for a refund within thirty days of date of contract, work completed shall be billed a the hourly rate of 50.00hr, and deducted from the initial payment, the balance of which shall be paid back to Client. If, at the time of request for refund, work has been completed beyond the amount covered by the initial payment, 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. 15. Price $____________ USD 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 __________________ Salris Web Design (authorized signature): _____________________________ Date __________________
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