Presence Web Design Agreement
The following terms are agreed upon and I authorize Claire Letendre of PresenceWebDesign.com to provide me with web design.
It is understood that:
You are hiring me as an independent contractor for the purpose of designing a world wide web site to be published on a hosting and domain account on an Internet Service Provider (ISP).
You authorize me to setup and/or access your hosting and domain accounts, or any other programs needed for this web design project that are included as part of your service requests.
YOU ARE ADVISED TO PLEASE KEEP YOUR HOSTING COMPANY ACCOUNT LOGIN AND PASSWORD INFORMATION IN A SAFE PLACE SO THAT YOU HAVE THEM IF NEEDED.
YOU WILL PLEASE KEEP YOUR ORIGINALS (OR A BACK-UP COPY) OF YOUR GRAPHICS, PICTURES, PHOTO CD'S, ARTWORK, LOGO ART, ETC. If you would like your items returned, please be sure to mark them with your name, and provide stamped, self-addressed mailing materials. If I am requested to come out and take photos or design a logo a charge of $30.00/hr will be charged and a $0.43/km charge for travel.
Development
During the process of creating your web site, you can view the work in progress on a site owned by me and give me feedback during the designing stages and I expect that you will promptly provide me with comments or instructions regarding any changes or corrections.
Copyrights and Trademarks
You guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to me for use in the project are yours or that you have permission from the rightful owner to use each of these elements and that I am not liable for using them on your behalf. You are responsible for your graphics, so you understand and agree to keep your original and only provide me with a copy to work from.
Website Maintenance
Minor changes are defined as being up to one half hour of my time per regular web page for minor changes to sentences or paragraphs, but does not include replacing a large amount of text with new text that will alter the page design layout; or any major page and design reconstruction; adding new pages, a guest book, discussion web, navigation structure changes, or correcting and repairing any attempted updates by client which have caused problems in the website after it was completed. If you make any changes yourself that requires a total rebuild of your website, you will be responsible for full fees a outlined on presencewebdesign.com (prices of service may change over time, without notice).
Completion Date
I cannot complete the web design in a timely manner without your cooperation! Once the project is scheduled to begin, you agree to provide the materials (content photos or text), that you want me to use . . . in a timely manner. I agree to work expeditiously to complete the project after you have submitted all necessary materials. Your cooperation is key to the scheduling of my other projects. If I am unable to maintain my work flow because you haven't provided materials as per this agreement, I may have to set your project aside for other scheduled projects. In the event this occurs, there will be a $50 reactivation charge/each time this happens, for the extra time spent re-establishing familiarity with the project and the work-flow.
Project Delivery
If we have not agreed to an instalment payment plan, the final payment for your website is expected within 5 days of completion. If not received by that time your website will be suspended until payment is received unless we've discussed it and have agreed otherwise. Once payment is received a hosting plan and domain name will be provided.
I do not in any way guarantee your placement in the search engine rankings. You will be solely responsible for any and all annual hosting and domain service fees which are to be paid to the hosting and domain companies when they come due within 1 year of activation. An email will be sent for renewal information. The initial fees for hosting and domain name may or may not be included in price. (Dependant on agreement reached at time of hiring)
Electronic Commerce Laws
You are also solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the project or any other services contemplated herein.
Copyright
The finished web design site I produce will belong to me until receipt of final payment at which time ownership is fully and completely yours, to do with as you wish. (Please note that I have no control over the legal rights to photos, graphics, source code, work-up files, and computer programs that are owned by others or provided by you. PresenceWebDesign.com remains in ownership of any photos, graphics, source code and other respective software I bring into the design.)
I reserve the right to display graphics and other web design elements as examples of their work in their respective portfolios. All web design projects will contain a link to my own web site as the designer/author. If at some future date you have another design company alter my design, you agree to have my name removed from the site and notify me so I can remove it from my samples portfolio.
Payments & Payment Schedule
You agree payments will be made promptly, and in the event collection proves necessary, agree to pay all fees (including all attorney's fees and court costs) incurred by that process. Credit card payment is accepted through PayPal with a small fee of $5.00/transaction.
You and I will have already discussed the estimated cost of your project and you agree to pay me the customary deposit (a non-refundable deposit of to be determined if I have permission to start your project.
Legal Notice
I cannot warrant that the functions contained in the web design project will be uninterrupted or error-free from any of the outside service providers such as internet or domain companies which are all beyond my control.
*Basic web design does not include; hosting (unless otherwise advertised); forms; made by me, photos; that need purchasing rights, freelance writing, galleries; that I need to create, stores; that I need to build or logo design. All the pre mentioned are done at extra cost. Basic web design would include any photos, writing and logos your business provides.
Dependant on availability of domain name chosen. Agreement may change without notice.