Here are the terms that are laid out in the contract.
1. Maintenance and Hourly Rate. This agreement includes twelve minor website maintenance updates to pages at no charge for the first year of the client’s web site, up to an average of one half hour. Minor maintenance 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, guestbook’s, discussion webs and navigation structure changes. If the client or another agent attempted to update the client's pages, time to repair WebPages will be assessed at the hourly rate, and is not included as part of the updating time. The one year maintenance period commences upon the date the client's web site is officially published to the web and all monies paid.
Changes requested by the client beyond those limits will be billed at the hourly rate of $40.
2. Third Party Web Hosting and Domain Name. The client understands that any web hosting and domain name services purchased through a third party require a separate contract with a web hosting service. The client agrees to select a web hosting service which allows Tanya Fraser full access to the website and a cgi-bin directory via FTP.
3. Completion Date. Tanya Fraser and the Client must work together to complete the WebPages in a timely manner. Tanya Fraser agrees to work expeditiously to complete the WebPages no later than 30 days after the Client has submitted all necessary materials and deposit has been paid. If the Client does not supply Tanya Fraser 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 Tanya Fraser as liquidated damages and the contract shall become null and void, at Tanya Fraser’s option.
4. Payment of Fees. Fees to Tanya Fraser are due and payable on the following schedule: 50% (non-refundable deposit) upon signing this contract, 50% when the WebPages have been constructed. The web site will be published on the World Wide Web once all monies due are paid.
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 attached to an email message. Adding of Meta Tags (Description and Keywords) and the submission of the WebPages to Web search engines and updating occur only after the full final payment is made. All payments will be made in Canadian funds made out to, “Tanya Fraser". All payments are to be paid via cheque, email transfer or PayPal.
Payments must be made promptly; delinquent bills will be charged $25 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 10% penalty will be added for each month of delinquency. In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred by that process. This agreement becomes effective only when signed by Tanya Fraser. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into Mississauga, Ontario, and any dispute will be litigated or arbitrated in Mississauga, Ontario and the Client hereby consents to the personal jurisdiction of the Ontario Provincial Courts.
5. Sole Agreement. The agreement contained in this "Website Design Agreement" constitutes the sole agreement between Tanya Fraser 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 12 months after all parties sign this contract. Continued services after that time will require a new agreement.
6. Cancellation. If the client decides at any point to cancel the Web Design Project they must do so in writing. The client understands the entire deposit amount and the WebPages shall be retained by Tanya Fraser.
7. Copyrights and Trademarks. The client represents to Tanya Fraser and unconditionally guarantees that any elements of text, graphics, photos, videos, designs, trademarks, or other artwork or multimedia furnished to Tanya Fraser for inclusion in the WebPages 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 Tanya Fraser from any claim or suit arising from the use of such elements furnished by the client.
8. Copyright to WebPages. Copyright to the finished assembled work of WebPages produced by Tanya Fraser. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. 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. Tanya Fraser retains the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
9. Laws Affecting Electronic Commerce. 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 Tanya Fraser 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.
10. Legal. Tanya Fraser does not warrant that the functions contained in these WebPages or the Internet website will meet the client's requirements or that the operation of the WebPages will be uninterrupted or error-free. The entire risk as to the quality and performance of the WebPages and website is with the client. In no event will Tanya Fraser 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 WebPages or website, even if Tanya Fraser 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.
