RIVER TREE WEB SITE DESIGN
Lorain, Ohio 44074
440-225-0917
Typical Service Agreement for Web Site Design Assignment
Client contact Information
Name: _______________________________
Phone: Fax _____________________
Email: _______________________________________________
Company/Client: ____________________
Address: ________________________________________________________
Web Site Information:
Present WWW URL (if any):
Fees
After consulting with the client, RIVER TREE WEB DESIGN will submit a written estimate of the total of the hours it will take to create and upload the finished site multiplied by an hourly rate of $50. If during the design phase, design changes or additional pages are requested that affects the hours estimated, RIVER TREE WEB DESIGN will submit an addendum to the original estimate and receive authorization from the client before proceeding. Acknowledgement of the agreement and half of the estimate is requested before work begins. A final invoice will be sent 2 weeks after the site goes live.
Maintenance
For 30 days after completion, RIVER TREE WEB DESIGN rates remain at $50 an hour. After 30 days from completion of the site, RIVER TREE WEB DESIGN offers a maintenance program for as needed or scheduled maintenance at the hourly rate of $40.00. Maintenance consists of updating of text and links and other changes considered to be minor. This is an open agreement and the CLIENT is free to use other parties for updates if they wish.
Payment
RIVER TREE WEB DESIGN invoices on a monthly basis. Payment can be made by Visa and MasterCard, cash or check through PayPal and made payable to "River Tree Web Design" or Patricia West.
Proofing the site
The CLIENT will be given a link to a draft folder of their site where the pages will be viewed and proofed using their browser. Then the CLIENT should contact RIVER TREE WEB DESIGN with the changes. During this proofing stage, typographical errors, design changes, and other corrections will be made according to the instructions of the CLIENT. After the CLIENT approves the finished site, then RIVER TREE WEB DESIGN will transfer the files from the draft folder to the public site for final proofing. Final changes can be made.
Completion Date
RIVER TREE WEB DESIGN will also include an estimated completion date with the understanding that text and artwork (if applicable) will be provided by the CLIENT in a timely manner.
Assignment of Project
RIVER TREE WEB DESIGN reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion. RIVER TREE WEB DESIGN will be responsible for the final results of the project.
Additional Expenses.
CLIENT agrees to reimburse RIVER TREE WEB DESIGN for any additional expenses the CLIENT feels necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, etc.
Copyrights and Trademarks
CLIENT is responsible to obtain copyright for the literature and artwork they choose to use in the site. The CLIENT represents to RIVER TREE WEB DESIGN and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to RIVER TREE WEB DESIGN 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 RIVER TREE WEB DESIGN and its subcontractors from any claim or suit arising from the use of such elements furnished by the CLIENT.
Copyright to Web Pages.
Copyright to the finished, assembled work of Web pages produced by RIVER TREE WEB DESIGN is owned by RIVER TREE WEB DESIGN. The CLIENT is assigned rights to use as a Web site the design, graphics, and text contained in the finished, assembled Web site. Rights to photos, graphics, source code, workup files, and computer programs are specifically NOT transferred to the CLIENT, and remain the property of their respective owners. RIVER TREE WEB DESIGN and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
Authorship Credit
RIVER TREE WEB DESIGN reserves the right to include a copyright link at the bottom of the CLIENT’s Web page establishing authorship credit referring back to RIVER TREE WEB DESIGN’S site.
Limited Liability
CLIENT hereby agrees to indemnify and hold harmless RIVER TREE WEB DESIGN from any claim resulting from CLIENT's publication of material or use of those materials. CLIENT hereby agrees to indemnify and hold harmless RIVER TREE WEB DESIGN in any claim resulting from the submission of illegal materials.
RIVER TREE WEB DESIGN will do it’s best to back-up the files of the CLIENT’s site, but under no circumstances, including negligence, shall RIVER TREE WEB DESIGN, its offices, agents, or anyone else involved in creating, producing, or distributing its services, be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use RIVER TREE WEB DESIGN's services; or that result from mistakes, omissions, interruptions, deletion, or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to RIVER TREE WEB DESIGN’S records, programs, or services.
RIVER TREE WEB DESIGN acts as an independent contractor with all of the necessary permits and licenses and is responsible for its own state and federal taxes.
Indemnification
CLIENT agrees that it shall defend, indemnify, save, and hold RIVER TREE WEB DESIGN harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney's fees ("Liabilities") asserted against RIVER TREE WEB DESIGN, its agents, clients, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by CLIENT, its agents, employees, or assigns. CLIENT agrees to defend, indemnify, and hold harmless RIVER TREE WEB DESIGN against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with RIVER TREE WEB DESIGN's service, any material supplied by CLIENT infringing on the proprietary rights of a third party, copyright infringement, and any defective product which CLIENT has sold from the Web site RIVER TREE WEB DESIGN has designed.
Laws Affecting 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 RIVER TREE WEB DESIGN and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT's use of Internet electronic commerce.
Payment of Fees
RIVER TREE WEB DESIGN will invoice monthly and payment is due within 30 days. Delinquent bills will be assessed a 1.5% of the balance. If accounts become seriously delinquent RIVER TREE WEB DESIGN reserves the right to remove Web pages from public viewing until final payment is made. In case collection proves necessary, the CLIENT agrees to pay all fees incurred by that process. This CONTRACT becomes effective when agreed to by RIVER TREE WEB DESIGN. The CLIENT agrees that for purposes of venue, this CONTRACT was entered into in Lorain County, Ohio and any dispute will be litigated or arbitrated in Lorain County, Ohio. Acknowledgement of the agreement and half of the estimate is requested before work begins. A final invoice will be sent 2 weeks after the site goes live.
Entire Understanding.
This CONTRACT constitutes the sole agreement between RIVER TREE WEB DESIGN and the CLIENT regarding its Web Design Service. It becomes effective when agreed upon by both parties via email or signed hard copy. This CONTRACT shall be governed and construed in accordance with the laws of the State of Ohio. The parties agree that if any part, term, or provision of this Agreement shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected thereby.
The undersigned agrees to the terms of this CONTRACT on behalf of his or her organization or business.
On behalf of the
CLIENT: ____________________________________________
Date ______________
On behalf of
RIVER TREE WEB DESIGN: ______________________________ Date____________
