Web Design Agreement
Used in conjunction with the Website
which should also be printed out by the client.
Contact Name ______________________________
Phone ___________ FAX ___________
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:
The above-named client is engaging My Computer Pro, a sole proprietor, located
at 2508 E Pine Island Ln. Payson, AZ 85541, as an independent contractor for the specific
project of developing and/or improving a World Wide website to be installed on a
web hosting service's computer. The client hereby authorizes My Computer Pro to
access this account, and authorizes the web hosting service to provide My
Computer Pro 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 My Computer Pro to
publicize their completed website to Web search engines, as well as other Web
directories and indexes.
2. Standard Website Package Elements.
(For Standard Website Packages Only. Cross out for online stores.) My Computer
Pro 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
- Words of text supplied by
the client (200 words per page approximate maximum if not supplied via
diskette. webpages of more than 1,200 words of text may be subject to
additional fees, especially if they require a great deal of formatting.)
to external pages, up to an average of 2.5 per page.
- Custom Graphics Package.
Masthead graphic on first page (simple custom graphic incorporating company
logo). Top-of-page graphic for all other pages in your website. Colorful
lines and bullets, and colored and textured background.
- Photos and other misc. graphic images supplied
by client (up to an average of 1.3 included per page in standard websites
and "regular" online store pages, in addition to masthead and
top-of-page graphic. Color originals larger than 5" x 8" are
- Installation of webpages
on the client's web hosting service.
- Minor updates and changes
to existing webpages for six months, subject to the limits outlined below.
Additional changes billed at hourly rate. For online stores, this includes
only "regular" pages, not product pages or the ordering system
- Site publicity to at
least a dozen major Web search engines, such as Yahoo, AltaVista, InfoSeek,
WebCrawler, Lycos, HotBot, etc.
- 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 6 pages.
This is not included in online stores, since the shopping cart software is a
- Image Map for internal
navigation (Not included in the package price for sites smaller than 6
3. Standard Website Packages only.
(Cross out this section for online stores.) 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 My Computer Pro an additional $_______ for each additional
webpage. Graphics or photos beyond the allowed average of 1.3 per webpage shall
be billed at an additional $____ each. Where custom graphic work (beyond the
scope of the "Custom Graphics Package" detailed above) is requested,
it will be billed at the hourly rate specified below. The store size and
additional services, and prices of each are detailed on the attached estimate.
4. Online stores only.
(Cross out this section for Standard Website Packages.) The text and graphic
content of the webpages will be supplied by the client and executed as specified
by the client in the "webpage Planning Worksheet" dated
_______________. and the Store Planning Worksheet dated _____________. It is
understood that total prices calculated below are likely to vary from the final
amount due to different quantities of products, categories, photos, regular
pages, etc. in the final store. An Estimate from My Computer Pro dated
____________ is attached to this document and governs the prices for this
Notwithstanding any prices listed in
literature or on webpages, the client and My Computer Pro agree that the
services described above in this section shall be completed for
$__________________ and upon this amount the first payment shall be determined.
The final payment shall reflect and include all elements actually completed at
the prices attached.
We include e-mail/phone consultation of up to
2 hours total general Internet orientation education, marketing strategy, Web
design consultation, and helping clients learn to use the store software.
Telephone long distance charges are in addition to package rates quoted.
Additional education and consultation is at our hourly rate.)
Product webpages, products, or photos added
after the store is ready for advertising to the Web search engines will be
calculated for actual time spent at the hourly rate specified below.
5. Maintenance and Hourly Rate.
This agreement includes minor webpage maintenance to regular webpages (not store
product pages) over a six-month 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 My Computer Pro 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 six-month maintenance period commences upon the date
the client signs this contract.
Changes requested by the client beyond those
limits will be billed at the hourly rate of $75.00 . 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 databases in an online
store, 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
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 My Computer Pro 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.
8. Completion Date.
My Computer Pro 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
If the client does not supply My Computer Pro
complete text and graphics content all webpages contracted 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 advertised.
9. Payment of Fees.
Fees to My Computer Pro 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. If the total amount of this
contract is less than $600, the total amount shall be paid upon signing this
contract. In case the client has not secured Web space on a web hosting service
by the time the webpages are completed, the webpages may be delivered to the
client on diskette or attached to an e-mail message. Advertising 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.
My Computer Pro 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.
My Computer Pro 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 My Computer Pro 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 My Computer Pro 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 My Computer Pro and unconditionall guarantees that any
elements of text, graphics, photos, designs, trademarks, or other artwork
furnished to My Computer Pro 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 My Computer Pro 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 My Computer Pro 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 My Computer Pro
is owned by My Computer Pro. 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. My Computer Pro 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 My Computer Pro 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. My Computer Pro 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 My Computer Pro. Regardless of
the place of signing of this agreement, the client agrees that for purposes of
venue, this contract was entered into in Maricopa County, Arizona, and any
dispute will be litigated or arbitrated in Maricopa County, Arizona.
16. Sole Agreement.
The agreement contained in this "Website Design Contract" constitutes
the sole agreement between My Computer Pro 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 six (6) months 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 My Computer Pro, 2508 E Pine Island
Ln. Payson, AZ 85541, phone (928) 474-4544, 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.
On behalf of the client (authorized
On behalf of My Computer Pro (authorized