Client
Information
Business
Name
Your Name
Address
Phone
Fax
Email
Website
The above-named
client (referred to herein as "client")
has engaged The Daily Dipolognon Web Creations (TDDWC)
(hereinafter " TDDWC™)
for the specific purpose of designing a World Wide Web
site.
1.
SERVICES TO BE RENDERED. TDDWC
agrees to perform the following Web design services:
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Four
Page Web Site Design – (customer defines
site's main purpose or goal) |
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Simple
Quick loading site or home page |
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Submission
to 10 Top Search Engines … |
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Search
by these META TAG keyword parameters - (META
TAGS optional charge per page) |
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One
page from mail |
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Email
Confirmation of all orders |
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Custom
Graphic Design: logo(s), navigation bar,
buttons … |
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Web
site hosting arranged at the customer's option
of hosting agent. (Commercial
hosting charges
may apply) |
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More
… TDDWC
and Client are a team with TDDWC
publishing clients rendering. |
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Other
… Additional Optional features with
individual charges may apply. |
All services described
herein are to be performed by TDDWC or its
contractors in accordance with the most commonly
accepted standards and practices of the Web Services
Industry. That is to say, we will use web site design
technologies that are most universally acceptable in
order to satisfy the broadest web market possible.
2.
COST. Notwithstanding
any prices listed in literature or on Web pages, the
client and TDDWC
3.
ADDITIONAL SERVICES. The
terms and conditions set forth in this document
constitute the sole agreement between TDDMC and the
client regarding this Web site. Any additional
work not specified in this contract must be authorized
in writing. Should the client desire additional
standard Web pages beyond the original number of pages
specified above, the client agrees to pay TDDWC
4.
PERFORMANCE. TDDWC
5.
PAYMENT. Client
agrees to pay to TDDWC
6.
SUBCONTRACTING. TDDWC
reserves the right to assign other Web designers or
subcontractors to this project.
7.
WARRANTIES AND LIABILITY. MWC
does not warrant that the functions of the web site will
meet the client's expectations of site traffic or
resulting business. In no event will TDDWC
8.
TRADEMARKS & COPYRIGHTS. The
client represents to TDDWC
as to the design, graphics, and text in this Web site
transfer to the client.
9.
LITIGATION. Any
disputes arising from this contract will be litigated or
arbitrated in the city of Waynesboro, Virginia.
This Agreement shall be governed and construed in
accordance with the laws of the Republic of the
Philippines
The undersigned hereby
agree to the terms, conditions and stipulations of this
agreement on behalf of his or her organization or
business.
This Agreement constitutes the entire understanding of
the parties. Any changes or modifications thereto
must be in writing and signed by both parties.
IN
WITNESS WHEREOF,
the parties hereto have
executed this Agreement as of the date indicated below:
Signature _______________________________________
Date ________________
CLIENT Name & TITLE
- (Please print)_________________________________
Signature _______________________________________
Date ________________
Eddie A. Artajo, Owner of
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Terms of Agreement
1. Authorization
The above named client is engaging The Daily Dipolognon
Web Creation, a sole proprietor, located at Dipolog City,
Philippines, as an independent contractor for the specific
project of developing and/or improving a World Wide web
site to be installed on the client’s web space located
on an Internet Service Provider’s (ISP) computer or a
Hosting Company provided by The Daily Dipolognon Web
Creation at an extra fee. The client will establish a
separate contract with an ISP or The
Daily Dipolognon Web Creation can establish one for the
client if needed. The client hereby authorizes The
Daily Dipolognon Web Creation to access this account, and
authorizes the Internet Service Provider to provide The
Daily Dipolognon Web Creation 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. The client
also authorizes The
Daily Dipolognon Web Creation other Web directories and
indexes.
2. Standard Web Site Products and Services
Initial planning and development consultation by E-mail is
free. Telephone long distance charges are in
addition to rates quoted below. Any additional
consultation after web site is published is at our hourly
rate of $45.00.
Text. Final text shall be supplied by the client,
200 words per single page approximate maximum, in MS Word
(MS Office) via diskette or E-mail, Single Web pages
of more than 500 words of text may be subject to
additional fees for increased formatting time.
Links. As many external links as the client
designates per page, although it is not advisable to have
more than a few well-targeted links. E-mail response
links on each web page to any E-mail address the client
designates.
Custom Graphics. Company logo or other top-of-page
graphic, bullets, lines, colored or textured background as
well as one photo and/or graphic per page are included.
Additional photos and graphic images should be supplied by
client in digitized form. Extra charge may apply for
scanning and graphic services.
Installation of Web pages on the client’s ISP host
computer
Initial Marketing of registration to the top 6 search
engines such as Alta Vista, Excite, Hot Bot, Infoseek,
Lycos, and Yahoo, etc., is complimentary with our
design work ($25.00 value). At no time does The
Daily Dipolognon Web Creation promise or imply that we
guarantee client’s web site a certain rating in the
search engines.
3.
Fees and Maintenance.
The
Daily Dipolognon Web Creation
will execute this web site design as specified by the
client in the "Web Site Design
Specification" and this "Design
Contract" dated ________________ which is attached to
and incorporated in this Contract. This web site includes
up to _______________Web pages. In case the client
desires additional standard Web pages beyond the original
number of pages specified above, the client agrees to pay The
Daily Dipolognon Web Creation
an additional $25.00 for each additional Web page.
Graphics or photos beyond the allowed average of the
combination of 3 per Web page shall be billed at an
additional $5.00 each. Transparencies and/or
photographic prints incur an extra charge of $5.00 each
for scanning and design cleaning/manipulation. Color
originals larger than 8X10-inches are subject to
additional charges. Where custom graphic work (beyond the
scope of the "Custom Graphics" detailed above)
is requested, it will be billed at the hourly rate of
$5.00.
4. Maintenance.
Our 6 and 12 month Web Site Maintenance service includes
all updates to your web site as required by you for such
things as press releases, product updates, pricing
changes, updating links and making minor changes to a
sentence or paragraph, etc. It does not include
removing nearly all the text from a page and replacing it
with new text. Pricing depends upon the volume and
frequency of updates. Please call or E-mail us for a
quote based upon your circumstances. Note: If
the client or an agent other than The
Daily Dipolognon Web Creation
attempts to update the client’s pages and ruins the
design or ability for the Web pages to display or function
properly, time to repair the Web pages will be assessed at
the hourly rate of $45.00, and is not included as part of
the Web Site Maintenance service updating time.
5. Statistics Tracking.
If the clients ISP provides a Web statistics report for
free, The
Daily Dipolognon Web Creation
can obtain the report and provide it to the client once
each month. If the clients ISP charges for this
service, and the client wants the report, then all charges
for this service are between the client and the client’s
ISP.
6. Payment.
All services agreed to in this contract, shall be sold as
a package for the price specified at the end of this
document. Payment shall be by cash, check, or money order,
in US dollars, and made payable to The
Daily Dipolognon Web Creation
7. Payment Terms.
A minimum deposit of fifty percent (50%) is required to
commence work. The site will then be put online or printed
out for the client’s viewing. During this proofing
stage, typographical errors, design changes, and other
corrections will be made according to the instructions of
the client. Payment for the site must be made in
full before the entire site will be moved to the
client’s ISP. If the total amount of this contract is
less than $600.00, then said amount shall be paid upon
signing this contract. Initial Marketing of entering
the site in the top six search engines and directories
will occur only after the final payment is made.
8. Completion Date.
The
Daily Dipolognon Web Creation
and the client must work together to complete the web site
in a timely manner. Much of this depends on receiving the
appropriate images, graphics and text from the client. The
Client understands that if changes are made to the
original work specifications, or if materials are not
delivered to The
Daily Dipolognon Web Creation
in a timely manner, scheduling conflicts may cause the
time of completion to be impacted. We agree to work
expeditiously to complete the web site no later than
____________________.
9. Assignment of Project.
The
Daily Dipolognon Web Creation
reserves the right to assign subcontractors to this
project to insure the right fit for the job as well as
on-time completion.
10. Additional Expenses.
Client agrees to reimburse The
Daily Dipolognon Web Creation
for any additional expenses necessary for the completion
of the work. Examples would be: purchase of special fonts,
stock photography, etc.
11. Additional Services.
Any revisions, additions or redesign client wishes The
Daily Dipolognon Web Creation
to perform not specified in this document shall be
considered "additional" and will require a
separate Negotiation, Agreement and payment.
12. Copyrights and Trademarks.
The client represents to The
Daily Dipolognon Web Creation
and unconditionally guarantees that any elements of text,
graphics, photos, designs, trademarks, or other artwork
furnished to The
Daily Dipolognon Web Creation
for inclusion in Web pages 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 The
Daily Dipolognon Web Creation
and its subcontractors from any claim or suit arising from
the use of such elements furnished by the client.
13. Age.
Client certifies that he or she is at least 18 years of
age.
14. Warranty.
The
Daily Dipolognon Web Creation
does not warrant that the functions contained in these web
pages, or the internet web site, or that the operation of
the web pages will be uninterrupted. The
Daily Dipolognon Web Creation will
design to the client’s specifications. In no event
will The
Daily Dipolognon Web Creation
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 web
pages, or web site, even if The
Daily Dipolognon Web Creation
has been advised of the possibility of such damages,
unless failure to perform is due solely to negligence on
the part of Eddie A. Artajo, The
Daily Dipolognon Web Creation.
We guarantee client satisfaction with your web site
design. If you are unsatisfied with your design and The
Daily Dipolognon Web Creation
cannot make it right, you will receive a full refund.
15. Limited Liability.
Client hereby agrees that any material submitted for
publication will not contain anything leading to an
abusive or unethical use of the Web Hosting Service or
Host Server if provided by The
Daily Dipolognon Web Creation.
Abusive and unethical materials and uses include, but are
not limited to, pornography, obscenity, nudity, violations
of privacy, computer viruses, any harassing and harmful
material or uses, any illegal activity, or material
advocating illegal activity, and any infringement of
privacy or libel.
Client hereby agrees to indemnify and hold harmless The
Daily Dipolognon Web Creation
from any claim resulting from Client’s publication of
material or use of those materials. The
Daily Dipolognon Web Creation
may or may not give notice before deactivating the use of
an account which we decide is an abusive or unethical use
of, or a potentially illegal use of the provided Web
Hosting account or host server. Client hereby agrees to
indemnify and hold harmless The
Daily Dipolognon Web Creation
in any claim resulting from the submission of illegal
materials.
16. Indemnification.
Client agrees that it shall defend, indemnify, save and
hold The
Daily Dipolognon Web Creation
harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorney’s fees,
("Liabilities") asserted against The
Daily Dipolognon Web Creation,
agents, its clients, servants, officers and employees,
that may arise or result from any service provided or
performed or agreed to be performed or any product sold by
Client, its agents, employee or assigns. Client agrees to
defend, indemnify and hold harmless The
Daily Dipolognon Web Creation
against Liabilities arising out of any injury to person or
property caused by any products or services sold or
otherwise distributed in connection with The
Daily Dipolognon Web Creations’
service, any material supplied by Client infringing on the
proprietary rights of a third party, copyright
infringement, and any defective product which Client has
sold in the Web Design.
17. Laws Affecting 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 The
Daily Dipolognon Web Creation
and its subcontractors from any claim, suit, penalty, tax,
or tariff arising from the client’s use of Internet
electronic commerce.
18. Copyright to Web Pages.
Copyright to the finished assembled work of web site
produced and designed by The
Daily Dipolognon Web Creation
is owned by Eddie A. Artajo. Upon final payment of this
contract, all rights owned by Eddie A. Artajo as to the
design, graphics, and text in this Web site are assigned
to the client. Client ownership includes rights to
the design, any photos or graphics supplied, and source
code specifically designed for this particular web site.
Rights to photos and graphics programs which are not owned
by Eddie A. Artajo, The
Daily Dipolognon Web Creation
are limited to the client’s use only; the products
themselves remain the property of their respective owners.
19. Authorship Credit.
Client agrees that The
Daily Dipolognon Web Creation
may put a small graphic byline link on the bottom of their
Web Pages establishing authorship credit and copyright
notice. In order that The
Daily Dipolognon Web Creation
may remove their byline in the event of the design being
altered, it is mutually agreed that The
Daily Dipolognon Web Creation
will be notified of any design changes to this web site.
20. Nondisclosure.
The
Daily Dipolognon Web Creation,
its employees and subcontractors agree 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.
21. Cancellation.
In the event that Work is postponed or canceled at the
request of the Client by registered letter, The
Daily Dipolognon Web Creation
shall have the right to bill 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
notification to stop work. In the event of cancellation,
the Client shall also pay any expenses incurred by The
Daily Dipolognon Web Creation,
and upon payment the client shall own all rights to the
Work completed at that time. The Client shall assume
responsibility for all collection of legal fees
necessitated by default in payment.
22. Refund Policy.
If the client applies by a registered letter for a refund
within 15 days of signing this contract, work already
completed shall be billed at the hourly rate of $40.00 and
deducted from the initial payment. If the work that has
been completed is beyond the amount covered in the initial
payment, the client shall be liable to pay for all work
completed at the hourly rate of $40.00.
23. Payment of Fees.
In order for The
Daily Dipolognon Web Creation
to remain in business, payments must be made promptly.
Invoices are due upon receipt. Delinquent bills will be
assessed a $15.00 Charge if payment is not received by the
due date. If an amount remains delinquent 30 days after
its due date, an additional 1.5% penalty will be added for
each month of delinquency. The
Daily Dipolognon Web Creation
reserves the right to remove Web pages 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 Eddie A. Artajo, The
Daily Dipolognon Web Creation.
Regardless of the place of signing of this agreement, the
client agrees that for purposes of venue, this contract
was entered into in Dipolog City, Philippines, and any
dispute will be litigated or arbitrated in Dipolog City,
Philippines. Please pay on time.
25. Entire Understanding.
This contract and referential documents constitutes the
sole agreement between The
Daily Dipolognon Web Creation
and the Client regarding its Web Design Service. It
becomes effective only when signed by both parties. Any
additional work not specified in this contract must be
authorized by a written communication. Changes made
by E-mail must be acknowledged as received and approved.
All prices specified in this contract will be honored for
twelve (12) months after both parties sign this contract.
Continued services after that time will require a new
agreement. This agreement shall be governed and
construed in accordance with the laws of the State of
Texas.
The undersigned agrees to the terms of this agreement on
behalf of his or her organization or business. No
responsibility will be accepted for digital or photocopied
signatures.
On behalf of the Client:
__________________________________________Date_______________
On behalf of The
Daily Dipolognon Web Creation:
__________________________________________Date_______________ |
These are your detailed specifications, everything
we’ll need to know to develop and implement your
new Web Site. We’re going to use these
specifications along with the