The Client is engaging Summit Web Services, located in Aurora NE, as
an independent contractor for the specific purpose of developing, improving
and/or maintaining a World Wide Web site to be installed on the client's
web space located on an Internet Service Provider's (ISP) server.
The Client will hereafter be referred to as "client" and Summit Web Services
will be referred to as the "developer."
The client will establish a separate contract with an Internet Service
Provider (ISP) for hosting, or at the client's request, the developer
will establish one for the client. The client hereby authorizes the developer
to access this account, and authorizes the Host Provider to provide the
developer with "write permission" for the client's web page directory,
cgi-bin directory, and any other directories or programs which need to
be accessed for this project.
Domain Registration
The developer will secure a domain name (www.yourname.org) for the client
at the client's request. All charges incurred in doing so will be billed
to the client. These charges are Internic (Internet Network Information
Center) fees and are not a source of income for the developer.
If the client already has a domain name, the developer will coordinate
redirecting the address to the new host.
Text/Content
All text and content will be supplied by the client unless otherwise
specified.
Browser Compatibility
This agreement specifies the creation of a web site viewable by both
Netscape 6.0 and Microsoft Internet Explorer 5.2. Compatibility is defined
as all critical elements of each page being viewable in both browsers.
Client is aware that some advanced techniques on the Internet may require
a more recent browser version and brand or plug-in. Client is also aware
that as new browser versions of Internet Explorer and Netscape are developed,
the new browser versions may not be backward compatible. Time spent redesigning
a site for compatibility due to the introduction of a new browser version
will be charged at the standard fee of $25 per hour,
unless a maintenance contract has been agreed upon.
Graphics
It is agreed that the developer will create, capture, or receive from
the client all the graphic elements necessary to complete the client's
web site, unless otherwise indicated by the client. This includes scanning
services, but excludes photography services. The client is responsible
for any necessary photography.
CGI
This contract contemplates one basic form embedded on the client's web
site with the data captured in the form delivered to the client at the
client's specified e-mail address. If a specific script beyond this capability
is requested by the client and it must be purchased by the developer at
the client's request, the charge for the script, if any, will be billed
back to the client.
Payment Terms
Payment will be accepted by check, or money order. A 25% deposit will
be required upon approval of a mock-up of the web site. Communication
between the developer and the client is crucial during this phase to ensure
that the end product will match the client's taste and needs. Upon completion
of this mock-up phase, the client will be asked to confirm acceptance
of the basic design via email or by signing a printed copy of the design.
Once this acceptance and 25% deposit has been received, work will begin
on the completion phase of this project.
Communication will continue during this completion phase. The client
will be asked to view updates and express their preferences or dislikes
to the developer. Upon completion of the web site, an email or letter
and invoice will be sent to the client advising the client that the work
has been completed. Final payment of the remaining bill will be due within
15 business days of delivery of this email or letter.
Developer reserves the right to remove all web content from the Internet
if payment is not made within 30 days after delivery of the completion
notice.
Maintenance
Should revisions to the web site be requested after completion of the
web site, maintenance fees will be billed at the standard price of $20
per hour.
CD Burning
The developer will burn one copy of the client's web site onto a CD at
the client's request upon completion of the site. Additional copies of
the CD will be available at a cost of $25 each.
Search Engine Registration
The developer will optimize the client's web site with appropriate titles,
keywords, descriptions and text and will submit the client's web site
to the major free search engines and directories, unless requested otherwise
by the client.
Additional Expenses
Client agrees to reimburse developer for any critical client-requested
expenses necessary for the completion of the web site. Examples are:
Purchase of specific fonts at the client's request.
Purchase of specific photography or clip art at the client's request.
Purchase of specific software at the client's request.
Copyrights and Trademarks
The client represents to the developer and unconditionally guarantees
that any elements of text, graphics, photos, designs, trademarks, or other
artwork furnished to the developer for inclusion in the client's web site
are owned by the client, or the client has permission from the rightful
owner to use each of these elements, and will hold harmless, protect,
and defend the developer from any claim or suit arising from the use of
such elements furnished by the client.
Age
The client certifies that he or she is at least 18 years of age and is
legally capable of entering into a contract.
Limited Liability
Client agrees that any material submitted for publication will not contain
anything leading to an abusive or unethical use of the Web Hosting Service,
the Host Server, or the developer. Abusive and unethical materials and
uses include but are not limited to: pornography, obscenity, nudity, violations
of privacy, computer viruses, harassment, any illegal activity, spamming,
advocacy of an illegal activity, and any infringement of privacy.
Client hereby agrees to indemnify and hold harmless the developer from
any claim resulting from the client's publication of material or use of
those materials.
It is also understood that the developer will not publish information
over the Internet which may be used by another party to harm another.
The developer will also not develop a pornography web site for the client.
The developer reserves the right to determine what is and what is not
pornography.
Indemnification
Client agrees that it shall defend, indemnify, save and hold the developer
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees associated with the developer's development
of the client's web site. This includes Liabilities asserted against the
developer, that may arise or result from any service provided or performed
or agreed to be performed or any product sold by the client, its agents,
employees or assigns.
Client also agrees to defend, indemnify and hold harmless the developer
against Liabilities arising out of any injury to person or property caused
by any products or services sold or otherwise distributed over the client's
web site. This includes infringing on the proprietary rights of a third
party, copyright infringement, and delivering any defective product or
misinformation which is detrimental to another person, organization, or
business.
Ownership to Web pages and Graphics
Copyright to the finished assembled work of web pages produced by the
developer and graphics shall be vested with the client upon final payment
for the project. This ownership is to include: design, photos, graphics,
source code, work files and text specifically designed or purchased on
behalf of the client for completion of this project.
Design Credit
Client agrees that the developer may put a byline on the bottom of their
index.html or default.html web page establishing design and development
credit. Client also agrees that the web site created for the client may
be included in the developer's portfolio.
Nondisclosure
The developer agrees that, except as directed by the client, it will
not at any time during or after the term of this Agreement disclose any
confidential information to any person whatsoever. Likewise, the client
agrees that it will not convey any confidential information obtained about
the developer to another party.
Completion Date
The developer and client will work together to complete the web site
in a timely manner for both parties.
Cancellation
Cancellation of the project at the request of the client must be made
by certified letter. The developer reserves the right to retain the original
25% deposit. If this 25% deposit is not sufficient to cover the time and
expense already invested in this project, the client will be billed and
final payment will be expected within 15 days of billing.
