Website Design Terms
& Conditions
1. Authorization.
The named client is engaging WebPage Designer, as an independent
contractor for the specific web design project of developing and/or
improving a web site, hereinafter referred to as "web design
project" to be installed on the client's account on an Internet
Service Provider (ISP) / Web Presence Provider (WPP) computer, hereinafter
refer to as "Hosting Service". The client hereby authorizes
WebPage Designer to access this account, and authorizes
the Hosting Service to provide WebPage Designer with "full
access" to the client's account, and any other programs needed
for this web design project that are included as part of the client's
service agreement/level. The client also authorizes WebPage Designer
to submit the completed web design project to major Web Search Engines.
2. Development.
The following is included in the quoted web design project rate:
Client Web Design Project Detail
Web Design Package Features
Web Design Additions or Options
Browser Compatibility
Designing a web site to fully work in multiple browsers (and browser
versions) can require considerable, extra effort. It could also
involve creating multiple versions of code/pages. A WebPage Designer
guarantee that the web site we design for you will work in:
Microsoft Internet Explorer versions 5 and up.
Netscape Navigator/Communicator version 4 and up.
If the client requires the implementation of DHTML then A WebPage
Designer guarantee that the web site we design for you will work
in:
Microsoft Internet Explorer versions 4 and up.
Netscape Navigator/Communicator version 4 and up.
While A WebPage Designer will make every effort, always, to design
a fully functional web site, our guarantee does not cover AOL, text-based
browsers, or any requested special effect that we have advised you
against.
Accessibility for People with Disabilities
A WebPage Designer standard is to meet as many as possible of the
currently recommended guidelines for web site development. Without
sacrificing quality and design, we try to ensure that the content
and functions we build into our web sites are available to all visitors.
3. Assignment of web design project.
A WebPage Designer reserves the right to assign subcontractors to
this web design project to insure that the terms of this agreement
are met as well as on-time completion.
4. Copyright and Trademarks.
The client unconditionally guarantees that any elements of text,
graphics, photos, designs, trademarks, or other artwork furnished
to A WebPage Designer for inclusion in the web design project 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 A WebPage Designer and its subcontractors from
any claim or suit arising from the use of such elements furnished
by the client.
5. Web Site Maintenance.
This agreement allows for minor web site maintenance to pages over
a 1-month period, up to an average of one half hour per regular
web site, including updating lines and making minor changes to a
sentence or paragraph. It does not include updating replacing nearly
all the text from a page with new text, major page reconstruction,
new pages, guest books, discussion webs, navigation structure changes,
attempted updates by client repairs or web design projects delivered
to the client via diskette. The period of 1 months begins on the
date the clients web design site has been published to client's
hosting service or 30 days from the date this agreement was signed,
which ever comes first. If the client's web design package includes
database access using Active Server Pages (ASP), then very minor
page code changes will be accepted under this maintenance plan,
major page code and/or database structural changes will be charged
at current hourly rates.
6. Completion Date.
A WebPage Designer and the client must work together to complete
the web design project in a timely manner. We agree to work expeditiously
to complete the web design project no later than 30 days after the
client has submitted all necessary materials. If the client does
not supply A WebPage Designer with complete text and graphic content
for this web design project within 45 days of the date this agreement
was signed, the entire amount of the agreement becomes due and payable.
If the client still has not submitted all the required contents
within 60 days after signing this agreement, an additional continuation
fee of 15% of the total agreement price will be assessed for each
month until the web design project is published or the client cancels
the web design project in writing.
7. Project Delivery.
The web site design project will be published to the client's hosting
service upon receipt of the second payment or delivered via diskette
upon receipt of full payment. The client understands that A WebPage
Designer does not provide any hosting services in connection with
this web design project. Hosting services require a separate contract
with the A WebPage Designer. The client agrees to select a hosting
service which allows A WebPage Designer full access to the client's
account via FTP. The client will be solely responsible for all hosting
service charges.
Diskette:
The client assumes all responsibility for the use and functionality
of the web design project.
8. Electronic Commerce Laws.
The client agrees that the client is solely responsible for complying
with such laws, taxes and tariffs, and will hold harmless, protect,
and defend A WebPage Designer and its subcontractors from any claim,
suit, penalty, tax or tariff arising from the client's exercise
of Internet electronic commerce.
9. Web Design Project Copyright.
A WebPage Designer owns copyright to the finished web design site
produced by A WebPage Designer. The client will be assigned rights
to use the web design project as a web site, once final payment
under this agreement and any additional charges incurred have been
paid. 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. A WebPage Designer
and its subcontractors retain the right to display graphics and
other web design elements as examples of their work in their respective
portfolios.
10. Payments.
Payments must be made promptly based on the schedule below. 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. WebPage Designer reserves the right to remove
any web design project 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 A WebPage Designer. Adding
of Meta Tags (Description and Keywords) and the submission of the
web design project to Web Search engines and updating only occur
after the full final payment is made. All payments will be made
in AU $ funds. |