To be used in conjunction with the Web Site Planning Worksheet and the Web Site Content Worksheet which should also be printed out by the client.
Contact Name ______________________________ Phone ___________ FAX ___________
Company/Client _____________________________ E-mail address _________________________
Address ___________________________________________________________________________
City ____________________ State ____ ZIP ____ Country ___
Present WWW URL (if any):_______________________________________________
Username ________________ Password ______________________
Our desire is to satisfy 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 Superior Software Solutions, a sole proprietor, located at 88 Old Farm Road, South Windsor, CT 06074, as an independent contractor for the specific project of developing and/or improving a World Wide Web site to be installed on the client's web space on an Internet Service Provider's computer. The client hereby authorizes Superior Software Solutions to access this account, and authorizes the Internet Service Provider to provide Superior Software Solutions 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 Superior Software Solutions to publicize their completed Web site to Web search engines, as well as other Web directories and indexes.
2. Standard Web Site Package Elements. Superior Software Solutions includes the following elements in their Standard Web site packages:
3. Standard Web page packages only. The content of the Web pages will be supplied by the client and executed as specified by the client in the "Web Page Planning Worksheet" dated _______________. Notwithstanding any prices listed in literature or on Web pages, the client and Superior Software Solutions agree that the services described in this contract shall be completed for $__________________ which shall include up to ______ Web pages. In case the client desires additional standard Web pages beyond the original number of pages specified above, the client agrees to pay Superior Software Solutions an additional $_______ for each additional Web page. Graphics or photos beyond the allowed average of 1.5 per Web page 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.
Notwithstanding any prices listed in literature or on Web pages, the client and Superior Software Solutions 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.
Product Web pages, 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.
4. Special Instructions.
The space below describes any changes the client desires from
the services outlined above:
5. Maintenance and Hourly Rate.
This agreement includes Web page maintenance to regular Web pages
over a six-month period up to an average of one hour per regular
page, 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 Superior Software Solutions 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. The six-month
maintenance period commences upon the date the client signs this contract. Changes requested by the client beyond those
limits will be billed at the hourly rate of $ _________. This
rate shall also govern additional work authorized beyond the maximums
specified above for such services as marketing consulting, Web
page design, editing, modifying product pages and databases in
an on-line store, and art, photo, and graphics services.
6. Changes to Submitted Text.
Please send us your final text. Time required to make substantive changes to client-submitted text after the Web pages have been constructed will be additional, billed at the hourly rate.
7. ISP. The
client understands that any Internet Service Provider (ISP) services
require a separate contract with the ISP of the client's choice.
The client agrees to select an ISP which allows Superior Software Solutions
full access to the Web site and a cgi-bin directory via
FTP and telnet. The client further understands that if the ISP's
operating system is not a Unix system, the response form software
will not work, and providing a substitute will incur additional
charges.
8. Completion Date.
Superior Software Solutions and the client must work together to
complete the Web Site in a timely manner. We agree to work expeditiously
to complete the Web Site no later than _________________________. To avoid additional fees the client must supply
Superior Software Solutions the complete text and graphics content for the Web site within three months.
9. Payment of Fees.
Fees to Superior Software Solutions are due and payable on the following
schedule: 50% upon signing this contract, 50% when the Web pages
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.
If the total amount of this contract is greater than
$1000, payment of the total amount can be secured through leasing
over 12, 24 or 36 months with
Marlin Leasing, Tucker, GA (800-426-3194)
www.marlinleasing.com.
In case the client has not secured Web space on an Internet Service
Provider computer by the time the Web pages are completed, the
Web pages 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. If the client does not supply Superior Software Solutions complete text and graphics content all Web pages 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 Web site is advertised.
Payment Selection :
_____ Full at Signing
_____ 50% at Signing
_____ 12 month lease
_____ 24 month lease
_____ 36 month lease
10. Assignment of Project.
Superior Software Solutions 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 Stuff.
Superior Software Solutions does not warrant that the functions contained
in these Web pages or the Internet Web site will meet the client's
requirements or that the operation of the Web pages will be uninterrupted
or error-free. The entire risk as to the quality and performance
of the Web pages and Web site is with client. In no event will
Superior Software Solutions 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 Web site, even if Superior Software Solutions has been advised
of the possibility of such damages.
12. Copyrights and Trademarks.
The client represents to Superior Software Solutions and unconditionally
guarantees that any elements of text, graphics, photos, designs,
trademarks, or other artwork furnished to Superior Software Solutions
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 Superior Software Solutions
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 Superior Software Solutions and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
14. Copyright to Web Pages.
Copyright to the finished assembled work of Web pages produced by Superior Software Solutions is owned by Superior Software Solutions, unless otherwise agreed to in writing. Upon final payment of this contract, the client is assigned rights to use as a Web site the design, graphics, and text contained in the finished assembled Web site. 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. Superior Software Solutions 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 Superior Software Solutions 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.
Superior Software Solutions 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 Superior Software Solutions. Regardless of the place
of signing of this agreement, the client agrees that for purposes
of venue, this contract was entered into in Hartford County, Connecticut,
and any dispute will be litigated or arbitrated in Hartford County, Connecticut.
Please pay on time.
16. Sole Agreement.
The agreement contained in this "Web Page Design and Maintenance Agreement" constitutes the sole agreement between Superior Software Solutions and the client regarding this Web site. 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.
17. Initial Payment and Refund Policy.
This agreement begins with an initial payment of $_____________. If the client halts work and applies for a refund within 30 days, to Superior Software Solutions, 88 Old Farm Road, South Windsor, CT 06074, phone (860) 432-4449, 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:
_______________________________________ Date ________________
On behalf of Superior Software Solutions
_______________________________________ Date ________________