And Site-Maker Website Design having its principal
place of business at:
2708 Foothill Blvd., Suite 407, La Crescenta, CA 91214
Email: service@site-maker.com
In consideration of Client retaining Site-Maker to design or redesign,
and/or build and/or maintain a website for Client, it is agreed
as follows:
1. Compensation and Term
The above named Client retains Site-Maker, and Site-Maker agrees
to perform the following services: designing or redesigning, and/or
building, and/or maintaining a website for Client according to *specifications
agreed upon, and detailed at the bottom of this contract, between
Site-Maker and Client.
Term shall be until the agreed upon website work is completed within
the time frame specified.
Date to begin work:__________________ Date work is to be completed:__________________
Client is solely responsible for supplying website content, authoring,
organization, images in file format unless Site-Maker is hired specifically
for this purpose and it is stated in the agreed upon specifications.
If all text and graphics necessary to complete the work are not
received by Site-Maker within 30 days from the date of contract
the balance of payment may become due and payable upon request.
Any products or services not specified in this contract are not
required of Site-Maker.
The following fees shall apply:
A fee in the amount of $________ to complete the agreed upon work.
50% of said fee is due after initial consultation and before work
is begun. The remaining 50% shall be due and payable when work is
completed and shall be received before website is uploaded to it's
final destination. This fee does not include: the cost of domain
registration, hosting set up fee, hosting, merchant account, secure
online authorization or shopping cart.
Maintenance, if included in this contract, shall be on a monthly
basis, with a minimum of $25 in any month where updating is necessary.
Fees will be assessed on an hourly basis at $75/hr. No fee will
be charged in a month where no updating is necessary. Search engine
optimization, beyond the basic submission included herein shall
be contracted on the same basis as maintenance.
Site-Maker agrees to complete this project within the estimated
budget, unless client requires additional work or services not agreed
upon, or if client requires multiple design drafts or repeated changes
which would significantly increase work required of Site-Maker.
Site-Maker will not charge any fees in addition to those specified
in this contract without first consulting the client and reaching
an agreement regarding this. If it becomes necessary for Site-Maker
to bring legal action to collect any sums due under this Agreement,
it shall be entitled to collect, in addition to all damages, its
costs of collection, including reasonable attorney's fees.
This Agreement shall commence on the date stated above, and shall
remain in effect until all obligations under this Agreement have
been properly completed.
2. Warranties by Site-Maker
Site-Maker represents and warrants to Client that it has the experience
and ability to perform the services required by this Agreement;
that it will perform said services in a professional and competent
manner; that it has the power to enter into and perform this Agreement;
. However, Client will not determine or exercise control as to general
procedures, formats or sub-contracting necessary to have these services
meet Client's satisfaction.
3. Independent Contractor
Site-Maker acknowledges that the services rendered under this Agreement
shall be solely as an independent contractor. It is expressly understood
that this undertaking is not a joint venture.
4. Confidentiality
Site-Maker recognizes and acknowledges that this Agreement creates
a confidential relationship between Site-Maker and Client and that
information concerning Client's business affairs, customers, vendors,
finances, properties, methods of operation, computer programs, and
documentation, and other such information, whether written, oral,
or otherwise, is confidential in nature. All such information concerning
Client is hereinafter collectively referred to as "Confidential
Information."
5. Non-Disclosure
Site-Maker Associates agrees that, except as directed by Client,
it will not at any time during or after the term of this Agreement
disclose any Confidential Information to any person whatsoever and
that upon the termination of this Agreement it will turn over to
Client all documents, papers, and other matter in its possession
or control that relate to Client.
6. Grant
Client agrees that copyrights to Site-Maker's work product produced
in the performance of this Agreement shall remain the exclusive
property of Site-Maker, and that it will not sell, transfer, publish,
disclose or otherwise make the work product available to third parties
without Site-Maker's prior written consent. Any rights granted to
Client under this Agreement shall not affect Site-Maker's exclusive
ownership of the work copyright.
7. Site-Maker agrees to design, build, install, and/or maintain
a website for Client according to agreed upon specifications below,
including validated HTML, link check, custom graphics, header or
logo as specified, all pages and links necessary to display products
and/or services of client. Site-Maker shall also prepare the site
for search engine submission, which shall include analysis of text
for keyword content, alt tags for images, preparation and installation
of keyword and content meta tags, and submission to the major free
submission search engines. Presently we submit to Yahoo, Google,
MSN, Open Directory, Alta Vista, Fast/All the Web.. Site-Maker does
not guarantee listings on search engines as they alone determine
who they will list and who they will not. Site-Maker will provide
two months of minor changes and/or updates and up to two hours of
consultation. This work shall be completed for the above stated
fee.
*Specifications agreed upon
To be stated on an individual basis:
IN WITNESS WHEREOF, Client and Site-Maker have duly executed this
Agreement as of the day and year first above written.