Website Design Contract

Contact Name _________________________________________

Phone ______________________ FAX _____________________

Company/Client ________________________________________

Address ______________________________________________

_____________________________________________________

City __________________________ State ______ ZIP _________ Country __________

E-mail address _________________________________________

Present WWW URL (if any): _______________________________________________

Username ________________________ Password ____________________________

Our desire is to delight the client. One way is to make clear our understandings with each other. These are the terms of our agreement together:

1. Authorization. The above-named client is engaging Stormys'-), a sole proprietor, located at 3575 Vesta Rd., Lebanon, TN  37090, 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 hereby authorizes Stormys'-) to access this account, and authorizes the web hosting service to provide Stormys'-) 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 Stormys'-) to publicize their completed website to Web search engines, as well as other Web directories and indexes.

If the client does not already have a web server and wants Stormys'-) to secure one for them, a separate contract will be put in place for this service.

2. Standard Website Package Elements. (For Standard Website Packages Only. Stormys'-) includes the following elements in their Standard Website Packages:

• E-mail/phone consultation (Up to 2 hours total general Internet orientation education, marketing strategy, Web design consultation, and helping clients learn to use their own webpage editor. Telephone long distance charges are in addition to package rates quoted. Additional education and consultation is at our hourly rate.)
• Words of text supplied by the client (500 words per page approximate maximum if not supplied via diskette. webpages of more than 500 words of text may be subject to additional fees, especially if they require a great deal of formatting.)
  If text is Not Digitized and must be completely typed and formatted by Stormys'-), this will be charged at our hourly rate.
• Links to external pages, up to an average of 2 per page.
• Graphics Package. Masthead graphic on home page. Masthead graphic/logo can be placed on either Top-of-page or Bottom-of-page for all other pages in your website. Colorful lines and bullets, and colored and textured background.
• Other misc. graphic images supplied by client (up to an average of 2 included per page in standard websites, (1 page websites are different), in addition to masthead and top/bottom-of-page graphic. Color originals larger than 4" x 6" are extra).
• Photographs. Stormys'-) is including a Special "Photo Page" with up to 6 photographs. Photos will be furnished in a digitized format via a diskette or email. If Stormys'-) has to digitize the photographs, we will charge our hourly rate.
• Installation of webpages on the client's web hosting service.
  OR installing the website on the server secured by Stormys'-).
• Minor updates and changes to existing webpages for 30 Days, subject to the limits outlined below. Additional changes billed at hourly rate. This includes only "regular" pages, not product pages or the ordering system pages.
  If "Regular Maintenance" is required on either a weekly or monthly bases, it can be provided at an additional monthly fee.
• Site publicity to at least a dozen major Web search engines, such as Yahoo, AltaVista, InfoSeek, WebCrawler, Lycos, HotBot, etc. once the website has been paid in full.
• E-mail response link on each webpage to any e-mail address the client designates.
• Feedback or guest book form  (Basic CGI program included. Includes up to 20 fields. Extra charges may be incurred if the client's web hosting service does not use a Unix operating system. Not included in the package price for sites smaller than 11 pages. This is not included on the 1 page websites.
• Image Map navigation bar for internal navigation.

3. Standard Website Packages only The content of the webpages will be supplied by the client and executed as specified by the client in the "Website Planning Worksheet" dated _______________. This website includes up to ___________ webpages. In case the client desires additional standard webpages beyond the original number of pages specified above, the client agrees to pay Stormys'-) an additional $_______ for each additional webpage. Graphics or photos beyond the allowed average of 2 per webpage (plus the 6 on the photo page) shall be billed at an additional $_____ each. Where graphic work (beyond the scope of the "Graphics Package" detailed above) is requested, it will be billed at the hourly rate specified below. Custom Graphics and additional services, and prices of each are detailed on the estimate. 

4. Maintenance and Hourly Rate. This agreement includes changes and minor webpage maintenance to regular webpages over a 30 Day period, including updating links and making minor changes to a sentence or paragraph. It does not including removing nearly all the text from a page and replacing it with new text. If the client or an agent other than Stormys'-) attempts updating 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 30 Day maintenance period commences upon the date the client's website is published for public viewing on the World Wide Web. 

Changes requested by the client beyond those limits will be billed at the hourly rate of $ _________. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, webpage design, editing, modifying product pages, and art, photo, graphics services, and helping clients learn how to use their own webpage editor. CGI programming charges (if any) are not included in this rate.

5. Regular Weekly/Monthly Maintenance and Updates.  If a client would like to have Stormys'-) perform Regular Weekly or Monthly updates or changes to a website, this can be arranged for an additional monthly fee of $__________; or a One time fee of $________ for regular __________________ updates for 1 year from date of signed contract.
Occasional changes or updates to the website can be done as a 'pay per incident' and will be charged according the time the required changes take.

6. Changes to Submitted Text. Please send us your final text. Time required to make substantive changes to client-submitted text after the webpages have been constructed will be additional, billed at the hourly rate.

7. 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 Stormys'-) full access to the website and a cgi-bin directory via FTP and telnet. The client further understands that if the web hosting service's operating system is not a Unix system, standard CGI software may not work, and providing a substitute may incur additional charges.

The Client also understands that registering a Domain Name is an additions fee which is paid to Network Solutions. The client can obtain and register their domain name, or Stormys'-) can research available domain names and register the domain for a small charge over the registration cost.

Stormys'-) CAN Secure and Set up web hosting services for the client if they prefer. 
Paying Yearly is usually considerably less expensive than paying monthly.   A minimum of 3 months hosting fees of $________ per month totaling $___________; or a full year hosting fees, $__________;  plus set up fee of $________ would have to be paid to Stormys'-) before the website could be published to the internet.

8. Non Domain Hosting.  If a client decides on a standard website package, but wants to cut down on costs and does not want to secure a branded "domain name" at this time (which Has to be hosted on it's own server), Stormys'-) can also provide hosting of 'sub folder' websites on one of their many websites for an addition fee of $________ monthly. or $_________ Yearly.

9. Completion Date. Stormys'-) 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 _________________________.

If the client does not supply Stormys'-) complete text and graphics content all webpages contracted for within six weeks of the date this 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 this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is published to the internet.

9. Payment of Fees. Fees to Stormys'-) are due and payable on the following schedule: 50% upon signing this contract, 50% when the webpages have been constructed according to the client's original written specifications (unless a monthly schedule has been arranged). In case the client has not secured Web space on a web hosting service, or paid Stormys'-) to do so, by the time the webpages are completed, the webpages may be delivered to the client on diskette, CD, or attached to an e-mail message. Registering the pages to Web search engines and updating occur only after the final payment is made. All payments will be made in US funds.

10. Assignment of Project.  Stormys'-) reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

11. Legal Stuff. Stormys'-) 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 client. In no event will Stormys'-) 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 Stormys'-) 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.

12. Copyrights and Trademarks. The client represents to Stormys'-) and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Stormys'-) for inclusion in 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 Stormys'-) and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

13. 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 Stormys'-) and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

14. Copyright to Webpages. Copyright to the finished assembled work of webpages produced by Stormys'-) is owned by Stormys'-). 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. Stormys'-) and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

15. Payment of fees. In order for Stormys'-) 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. Stormys'-) reserves the right to remove webpages 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 Stormys'-). Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Wilson County, Tennessee, and any dispute will be litigated or arbitrated in Wilson County, Tennessee.       Please pay on time.

16. Sole Agreement. The agreement contained in this "Website Design Contract" constitutes the sole agreement between Stormys'-) 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 thirty (30) days after both parties sign this contract. Continued services after that time will require a new agreement.

 18. Initial Payment and Refund Policy.

The total amount of this contract is $______________

This agreement begins with an initial payment of $_____________. If the client halts work and applies by registered letter for a refund within 30 days, to the Director of Stormys'-), P.O. Box 313, Gladeville, TN, phone (615) 449-9881, work completed shall be billed at the hourly rate stated above, 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 pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.

The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.

_____________________________________________ Date __________________
On behalf of the client (authorized signature)

_____________________________________________ Date ___________________
On behalf of Stormys'-) (authorized signature)