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  1. Authorization. The client is engaging the designer 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 authorizes and gives full permission to the designer to access this account, and authorizes the web hosting service to provide the designer 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 the designer to publicize their completed website to Web search engines, as well as other Web directories and indexes.

  2. Basic Website Package Elements. (For Basic Website Packages Only.) The following elements are included in the Basic Website Packages:

    • Words of text supplied by the client (200 words per page approximate maximum if not supplied via diskette/email. Web pages of more than 1,000 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 3 per page. With the exception of an Affiliates page that supplies links to affiliates external pages.

    • Custom banner graphic (simple custom graphic incorporating company logo) for all pages in your website. Colorful lines and bullets, and colored and/or textured background.

    • Photos and other misc. graphic images are to be supplied by the client. Basic image navigation buttons that need to be created are included. Additional custom images, navigation buttons, image borders, text images needed to be created in order to provide specific font, size, color, etc. are considered to be part of the Graphic Design Package and are subject to the additional $100.00 fee.

    • Installation of webpages on the client's web hosting service.

    • Site publicity to major Web search engines, such as Google, Yahoo, AltaVista, InfoSeek, WebCrawler, Lycos, HotBot, etc.

    • E-mail response link on each webpage to any e-mail address the client designates.

    • Contact form included on the Contact page.

  3. Flash Package Elements. Includes everything within the Basic Package with the addition of Flash integration if a Flash menu, slideshow, or other Flash display is desired.

  4. Graphic Design Package. Includes the following elements:

    • Custom images, such as animated gifs or non-animated images (customized logos, headers, footers, etc.), to be displayed throughout the site.

    • More personalized navigation buttons to suit the layout and design of the site.

    • Custom image borders, if client so desires content to be displayed within a more frame-like container.

    • Text images needed to be created in order to provide specific font, size, color, etc.

  5. Basic Website Packages Only. The content of the web pages will be supplied by the client. The website includes up to 5 web pages. In case the client desires additional basic web pages beyond the original number of pages specified, the client agrees to pay the designer an additional $25.00 for each additional basic webpage.

  6. Graphic Website Packages Only. The content of the web pages will be supplied by the client. The website includes up to 5 web pages. In case the client desires additional basic web pages beyond the original number of pages specified, the client agrees to pay the designer an additional $50.00 for each additional basic webpage. After publication of website, additional custom graphics or text images shall be billed at an additional rate of $25.00 per page.

  7. Maintenance and Repair. If client selects month to month maintenance, this agreement includes maintenance to regular web pages (not store product pages) at a monthly fee of $100 per month, including updating links, making minor changes to a sentence or paragraph, removing nearly all the text from a page and replacing it with new text. If the client or an agent other than the designer attempts updating the client's pages, time to repair web pages will be subject to a fee of $35.00, and is not included as part of the updating time. The monthly maintenance period, if so desired by the client, commences upon the date the client signs the contract.

  8. 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 monthly rate.

  9. 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 the designer full access to the website and a cgi-bin directory via FTP. The client further understands that if the web hosting service's operating system is not a Linux system, certain codes, scripts, or programs may not work, and providing a substitute may incur additional charges.

  10. Completion Date. The designer 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 the date as shown on contract.

    If the client does not supply the designer complete text and graphics content all web pages contracted for within six weeks of the date the 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 contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is advertised.

  1. Payment of Fees. Fees to the designer are due and payable on the following schedule: 50% upon signing 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 $500, 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 CD-ROM 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 in the form of cash, certified check, or PayPal.

  2. Assignment of Project. The designer reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

  3. Legal Stuff. The designer does not warrant that the functions contained in these web pages or the Internet website 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 website is with client. In no event will the designer 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 website, even if the designer 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.

  4. Copyrights and Trademarks. The client represents to the designer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the designer 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 the designer and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

  5. 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 the designer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

  6. Copyright to Webpages. Copyright to the finished assembled webpages produced by the designer are owned by the client upon final payment of contract. The client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to source code and computer programs are specifically not transferred to the client, and remain the property of their respective owners. The designer and any subcontractors retain the right to display graphics and other web design elements from clients website as examples of their work in their respective portfolios.

  7. Receipt of payment and fees. In order for the designer 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. The designer 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 the designer. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in the state of Pennsylvania, and any dispute will be litigated or arbitrated in the state of Pennsylvania. Please pay on time.

  8. Sole Agreement. The agreement contained in this "Website Design Contract" constitutes the sole agreement between the designer 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 three (3) months after both parties sign this contract, with monthly site maintenance, as requested by the client, and provided by the designer, to follow above agreement terms. Additional full services after that time will require a new agreement.

  9. Initial Payment and Refund Policy.

    The total amount of contract is as stated on completed and signed contract.

    The agreement begins with an initial payment of 50% of total amount as stated on contract. If the client halts work and applies by registered letter for a refund within 30 days, to the designer, work completed shall be billed at a rate of 50% of initial payment at time of contract signing, 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 forfeit 75% of initial payment, the balance of which shall be returned to the client. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.