Sample Contract

Web Site Design Project Contract (SAMPLE)
[Package Name]

Client Information:
[Name]

1. Authorization.
The above-named Client (hereinafter referred to as "Client") is engaging "Designs by Kricket" as an independent contractor for the specific purpose of designing a World Wide Web site, herein after referred to as "Web Design Project", to be published on the Client's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, herein after refer to as "Hosting Service", or provided on diskette at the Client's option. The Client hereby authorizes Designs by Kricket to access this account, and authorizes the Hosting Service to provide Designs by Kricket and its designer, Becky Sutton, 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 Designs by Kricket to submit the completed Web Design Project to major Web Search Engines.

2. Development.
This Web Design Project will be developed using Microsoft's FrontPage.

• 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. Designs by Kricket represents and warrants that the web site I design for you will work in:
  • Microsoft® Internet Explorer versions 5 and up
  • Netscape Navigator/Communicator version 4 and up
  • Mozilla Firefox version 1.0 and up

While Designs by Kricket will make reasonable efforts to design a fully-functional web site, Designs by Kricket's warranty does not cover AOL, text-based browsers or requested special effects that I have advised you against.

3. Assignment of Web Design Project.
Designs by Kricket reserves the right, and you hereby agree, 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. Copyrights and Trademarks.
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Designs by Kricket 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, indemnify and defend Becky Sutton and Designs by Kricket and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.

5. Web Site Maintenance.
This agreement allows for minor web site maintenance to the pages for one month after new design or re-design by Designs by Kricket. This includes updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guestbooks, discussion webs, navigation structure changes, repairs by Client for attempted updates or Web Design Projects delivered to Client via diskette, U.S. mail and e-mail. The period begins on the date the Client's web site is available to be published to the Client's hosting service. Major page code and/or graphics changes and additions will be charged at the $25.00 per page rate. (Notice: This rate is subject to change at any time.)

6. Completion Date.
Designs by Kricket and the Client must work together to complete the Web Design Project in a timely manner. I agree to work expeditiously to complete the Web Design Project no later than 30 days after Client has submitted all necessary materials. If the Client does not supply Designs by Kricket with complete text and graphics content for this Web Design Project within 45 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by Designs by Kricket as liquidated damages and the contract shall become null and void, at Designs by Kricket's option.

7. Project Delivery.
The final web site design project will be published to the Client's hosting service upon receipt of final payment or delivered via diskette upon the receipt of full payment. The Client understands that Designs by Kricket does not provide any hosting services in connection with this Web Design Project. Hosting services require a separate contract with the hosting service of the Client's choice. The Client agrees to select a hosting service which allows Designs by Kricket full access to the Client's account via FTP (File Transfer Protocol). The Client will be solely responsible for any and all hosting service charges.

• Publishing:
  • If the hosting service has FrontPage®98 extensions installed and the extensions are not configured correctly to support publishing/FrontPage2000 functionality, Designs by Kricket will not be responsible for problems arising from improperly installed FrontPage® Extensions.
  • There is no charge to publish the site if the hosting service does not have FrontPage2000 extensions installed and Designs by Kricket must use an FTP.

8. Electronic Commerce Laws.
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend Becky Sutton and Designs by Kricket and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

9. Web Design Project Copyright.
Copyright to the finished web design site produced by Designs by Kricket will be owned by Becky Sutton and/or Designs by Kricket. 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 specifically are not transferred to the Client, and remain the property of their respective owners. Designs by Kricket and its subcontractors retain 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 copyright/legal statement with a link to Designs by Kricket's Web Site.

10. Payments.
Payments must be made promptly based on the terms of this Web Site Design Project. Designs by Kricket reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. All payments are to be made prior to completion and after approval of the Web Design Project by the Client. This agreement becomes effective only when signed by Designs by Kricket. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into Polk County, Florida, and any dispute will be litigated or arbitrated in Polk County, Florida and the Client hereby consents to the personal jurisdiction of the Florida State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. Adding of Meta Tags (Description and Keywords) and the submission of the Web Design Project to Web search engines and updating occur only after the full final payment is made. All payments will be made in U.S. Dollars.

11. Payment Schedule.
Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and the Package Price, attached hereto and made a part of this agreement hereof. Notwithstanding any prices listed in literature or on Web pages, the Client and Designs by Kricket agree that the services described in this contract, and the Package Price, shall be completed for $________.

On projects valued below $500, The Client agrees to pay to Designs by Kricket an initial, non-refundable deposit of $________ (normally, 50% of the estimated total cost) upon execution of this agreement. Final payment is due upon completion of project and prior to publication and/or delivery of the Web Site Design Project. All amounts must be in U.S. Dollars.

On projects valued in excess of $500, The Client agrees to pay to Designs by Kricket an initial, non-refundable deposit of $________ (normally, 30% of the estimated total cost) upon execution of this agreement. The balance may be submitted in two (2) installments of 35% each with the final payment due upon completion of project and prior to publication and/or delivery of the Web Site Design Project. All amounts must be in U.S. Dollars.

12. Legal Notice.
Notwithstanding anything to the contrary contained in this contract, neither Designs by Kricket nor any of its employees or agents, warrants that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will Becky Sutton and/or Designs by Kricket be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor's computer or Internet software, even if Designs by Kricket has been advised of the possibility of such damages.

13. This Agreement.
This agreement constitutes the sole agreement between Designs by Kricket and the Client regarding this Web Design Project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by both Client and Designs by Kricket. All prices specified in this contract will be honored for 6 months after both parties sign this contract. Continued services after that time will require a new agreement.

The undersigned hereby agrees to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

AGREED TO:

Client

(Sign) By_____________________________________ Date ________________
(Print) Name:
Title:
Address:
Phone:
E-mail:

Designs by Kricket

By__________________________________________ Date ________________
Becky Sutton
Authorized Representative

Note: This is a SAMPLE ONLY and is subject to change. Your actual contract may vary based on the Package Type or Extra Services you choose.