Web Design and Development Contract Agreement

CLIENT NAME, herein known as client, conducting business at ADDRESS AND/OR DOMAIN, is engaging YOUR NAME, herein known as Web Designer, conducting business at 123 Anystreet, Anytown, ST 12345 as an web design, on this date of the 26th of November in the year of 2011, November 26, 2011, for the specific purpose of designing and developing a World Wide Web site to be published on the client's web host server upon completion of this project as described here within:

Project Description

Client engages Web Designer to develop a web site for the primary purpose of

Additional work shall not be covered by this contract without a written agreement between client and Web Designer and amended to this contract.

Authorization

• Client authorizes and grants permission to Web Designer unconditional access to client's web host for the entire engagement of this contract.

• Client authorizes Web Designer to portfolio and showcase said web site on the World Wide Web (W.W.W.)

• Client authorizes Web Designer to place a link on the index (home) web page only of said web site identifying Web Designer as the designer/developer for as long as said web site is published on the World Wide Web (W.W.W.).

Client Responsibility

Client is responsible for providing all content. Content consists of text and text copy, images, graphics, pictures, multimedia, including audio and video, and company logo and slogan(s), and anything else that may be considered appropriate viewable material. All content shall be provided in digital format that is web ready.
Studio9 can provide content for a fee to be determined at the time of the request of said content by the client. Said work shall be added to this agreement.
All content shall be web-ready unless otherwise specifically expressed within this agreement.
Client is responsible for the copyrights to all content, obtaining permissions of use, and shall indemnify studio9 from any copyright violations and resultant litigation with respect to content.

Client is responsible for providing content, decisions, signing off, and payment in a timely fashion so as not to delay the project (see Termination).

Client shall secure and provide a UNIX based web host server capable of PHP 4.0 (minimum) and any other required functionality to successfully host this web site.

Web Designer Responsibility

Web Designer is responsible to provide client with validated html and css script respective of the W3C (World Wide Web Consortium) as it can be validated by client at http://validator.w3.org/

Web Designer shall attempt to validate third party script or software to the extent possible, however, remains the responsibility of said third party.

Web Designer is responsible to provide client with each phase of the project as fully disclosed here within.

Web Designer is responsible to advise client of any detriments to this project, as best known to studio9, prior to cause of or inclusion of said detriments.

Web Designer is responsible for the copyrights to all design and development elements, excluding content provided by the client, obtaining permissions of use, and shall indemnify the client from any copyright violations and resultant litigation with respect to said elements.

Assignment

Web Designer remains the rightful owner of said project until client remits and studio9 receives the final payment of this agreement at which time the project shall become the lawful copyright property of client.

Termination of this agreement by client prematurely to final payment causes said project to be the rightful property of Web Designer.

Termination of this agreement by Web Designer prematurely to final payment causes said project to be the lawful property of client and Web Designer shall provide client with all digital files and work finished that is not already accessible on client's web host server prior to termination.

Web Designer reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

Client agrees to a software license agreement for as long as client publishes said website on the W.W.W. when and if any script created by Web Designer is applied to this project whereas Web Designer is the sole owner of said software and its copyright.

Schedule & Payment

The website, in general, shall be predicated on the following information provided by client:

Phase Summary

Client may request a minor change per each phase without an additional charge being assessed. A minor change is one that is made within the boundaries of the phase. A major change is one that is a total makeover of or one that requires the phase to be entirely redeveloped. A major change shall incur a minimum fee of the amount of the phase due and payable prior to any further work.

Client shall remit payment for each phase prior to any work being started on any phase or prior to project being released to client.

Third Party

Client is responsible to compensate Web Designer for any/all third party software or services prior to said software and/or services is provided. Client is responsible for the cost of the software or service plus and handling and shipping and taxes.

Refund Policy

Web Designer collects payment for this project for and prior to each phase of the project. Upon the event that Web Designer collects a payment from the client and neither begins nor completes the phase, Web Designer shall return a pro-rated portion of the payment to client.

Termination

This agreement terminates if there is a period of 30 consecutive days of no activity or active participation in this project by either the client or Web Designer respective of all terms within this agreement.

This agreement terminates by written notice from either the client or Web Designer respective of all terms within this agreement.

Sole Agreement

The agreement contained within this Website Design Contract constitutes the sole agreement between Web Designer and client. Any additional work not specified in this contract must be authorized by a written change order.

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

Copyrights and Trademarks

Client represents to Web Designer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Web 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 Web Designer and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

Warranty

Web Designer does not warrant that the functions contained in these web pages or the 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 web site is with client. In no event will Web 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 web site, even if Web 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.

Payment

All payments are to be in U.S. Currency known as USD in the form of personal or business check or by Paypal. Receipt of payment means confirmation by the banking institution of available funds.
Default payment such as canceled or insufficient funds requires thereafter a certified instrument of payment. A returned check fee is assessed at $30.00 plus any expenses incurred to collect said funds.
Payment can be made using your credit/debit card via PayPal with remittance to otherwise either a link to a PayPal button shall be provided or a PayPal email invoice shall be sent.
Client is responsible for and shall compensate Web Designer for any incurred payment handling fees and expenses.
Web Designer neither collects nor stores client bank account numbers or credit/debit card numbers off-line or on-line.

All check or money order payments are made payable to

YOUR NAME

at:

YOUR NAME
YOUR COMPANY NAME
123 Anystreet, Anytown, ST 12345


The undersigned agrees to the terms of this agreement on behalf of his or her organization or business. Client can electronically sign this contract at http://a9webdesign.com/contract.php or sign manually below (copy signed contract and return original to ).

Signed:
coutqa
10121985
On behalf of client (authorized electronic signature)
Server IP: 176.65.164.111

Signed:

Dated: May 19, 2012
On behalf of Web Designer (authorized signature)