Web Site Design Contract
This
AGREEMENT is dated and in effect as of the 14th of January, hereafter referred
to as "Client" and hereafter referred to as
"Consultant." This agreement is with respect to the re-design of Company
Name's website, hereinafter referred to as the "Work." Whereas, Consultant is a
professional web designer of good standing; Whereas, Client wishes Consultant to
create certain Work described more fully herein; and Whereas, Consultant wishes
to create such Work; Now, therefore, in consideration of the foregoing premises
and the mutual covenants hereinafter set forth and other valuable
considerations, the parties hereto agree as follows:
CONFIDENTIALITY:
The
Client and Consultant may disclose confidential information one to the other to
facilitate work under this Agreement. Such information shall be so identified in
writing at the time of its transmittal, and shall be safeguarded and not
disclosed to third parties by the receiving party. Confidential information
shall not include information that:
| 1. | is already known to the party to which it is disclosed; |
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2.
|
is
or becomes part of the public domain without breach of this
Agreement;
|
|
3.
|
is
obtained from third parties, which have no obligations to keep
confidential to the parties to this
Agreement.
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DESCRIPTION
OF WORK:
The
description of work has been agreed upon between consultant and the
client.
PAYMENT
SCHEDULE:
The full
length of this contract is as follows:
Starting
date is 1st day of January and estimated completion date is March 24 for the
total amount of $1,000.
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DUE
DATES:
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Consultant
agrees to deliver samples of design periodically throughout the development
process. Consultant will make every effort to meet agreed upon due dates. The
Client should be aware that failure to submit required information or materials
may cause subsequent delays in the production. Client delays could result in
significant delays in delivery of finished work.
FEES
& ADDITIONAL SERVICES:
Changes
in client input or direction or excessive changes will be charged at $50/hr. Any
work the Client wishes Consultant to create, which is not specified in the
DESCRIPTION section of this agreement will be considered an additional service.
Such Work shall require a separate Agreement and payment separate from and above
that specified in this Agreement.
EXPENSES:
Client
agrees to reimburse Consultant for any of the following expenses necessary in
completion of the Work: (e.g. Fonts, Messengers, Proofs, Props, Research,
Shipping, Software, Stock photography, Travel, Telephone
Consultation)
ASSIGNMENT
OF WORK:
Consultant
reserves the right to assign other designers or subcontractors to the Work to
ensure quality and on-time completion.
RESERVATION
OF RIGHTS:
All
rights not expressly granted hereunder are reserved to Consultant, including but
not limited to all rights in sketches, comps, or other preliminary
materials.
PERMISSIONS
AND RELEASES:
The
Client agrees to indemnify and hold harmless Consultant against any and all
claims, costs, and expenses, including attorney's fees, due to materials
included in the Work at the request of the Client for which no copyright
permission or previous release was requested or uses which exceed the uses
allowed pursuant to a permission or release.
PUBLICATION:
The
Client may publish or disclose information regarding the
Work and shall acknowledge the support of Consultant in all such publications.
The Client will not use
the name of
Consultant, in any advertising or publicity without the prior written approval
from the Consultant. The Consultant will not use the name of Client, in any
advertising or publicity without the prior written approval from the
Client.
COPYRIGHT
NOTICE:
Copyright is in
Consultant's name. Upon completion of Work, the copyright will only be released
to the Client upon the Consultant's signing of the Release of
Copyright.
TERMINATION:
Either party
may terminate this Agreement by giving 30 days written notice to the other of
such termination. In the event that Work is postponed or terminated at the
request of the Client, Consultant shall have the right to xxxx pro rata for work
completed through the date of that request, while reserving all rights under
this Agreement. If additional payment is due, this shall be payable within
thirty days of the Client's written notification to stop work. In the event of
termination, the Client shall also pay any expenses incurred by Consultant and
the Consultant shall own all rights to the Work. The Client shall assume
responsibility for all collection of
legal fees necessitated by default in payment. The Client and Consultant
are independent parties and nothing in this Agreement shall constitute either
party as the employer, principal or partner of or joint venture with the other
party. Neither the Client nor Consultant has any authority to assume or create
any obligation or liability, either express or implied, on behalf of the
other.
This Agreement
shall be governed by and construed in accordance with the laws of applicable
therein.
The undersigned
agrees to the terms of this agreement on behalf of his or her organization or
business.
On behalf of
the Client: /s/ Xxxx
Xxxxxxxx Date:
Jan 14, 2008
On behalf of
Consultant /s/ Xxx
Xxxxxxx Date: Jan
14, 2008
