Contact Name _________________________________________________________________
Company/Client ________________________________________________________________
Address _____________________________________________________________________
City ____________________ State ____ ZIP ________________________________________
E-mail address ________________________________________________________________
Present URL (if any): ___________________________________________________________
Username ____________________________________________________________________
Password ____________________________________________________________________
My 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 Steve Lawrence (dba hereafter referred to as Neostead), a sole proprietor, located at 20114 Monarda Manor Ct, Spring, Texas as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on the client's web space or on a web hosting service's computer. The client hereby authorizes Neostead to access this account, and authorizes the web hosting service to provide Neostead with "written 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 Neostead to publicize their completed website to Web search engines, as well as other Web directories and indexes. The client further understands that if the web hosting service's operating system does not support FrontPage extensions some functions may not work, and providing a substitute may incur additional charges.
Neostead reserves the right to assign other designers or subcontractors from time to time as it sees fit to the project to ensure quality and on-time completion.
Neostead 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.
Upon receipt of full payment, Neostead grants to the Client rights of ownership in the finished Work (the site as is published) and all additional materials paid for by Client.
All rights not expressly granted hereunder are reserved to Neostead, including but not limited to all rights in sketches, comps, or other preliminary materials.
The Client agrees to indemnify and hold harmless Neostead against any and all claims, costs, and expenses, including attorneyıs 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.
Neostead does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will Neostead 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 website, even if Neostead 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.
Fees to Neostead are due and payable on the following schedule:
Set-up fee for Discount Packages is due and payable in full upon signing work agreement. For (custom) projects in excess of $1,000, 50% of price is due upon signing this contract, and 50% upon the expiration of 45 days or when the website is published, whichever comes first.
If the total amount of this contract is less than $1,000, 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 web pages are
completed or has not assigned Neostead as the web administrator, the web pages
may be delivered to the client on diskette. Advertising the pages to Web search
engines and updating occur only after the final payment is made.
*Each Monthly Web Package has a minimum term of 12 months. Non-monthly custom Packages are also available for a slightly higher development price. Additional charges apply for forms, additional and client supplied photos, and PDF documents. The included site maintenance is for 60 to120 accumulative minutes in one-minute increments. More minutes may be purchased as needed.
Upon settlement in full amounts due under the terms of this contract, all electronic files hosted as part of the web site are considered the property of CLIENT, In the event of non-payment, Neostead reserves the right to hold the customer and/or agency jointly and severally liable for such monies as are owed to Neostead, plus 18% interest, plus any collection costs that are incurred, on all amounts over 60 days past due. Additionally, any account that goes over 60 days past due for either hosting or design fees, may be pulled with a notice of non-payment on the site.
The content of the web pages will be supplied by the client. This website 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 Neostead an additional $_______ for each additional web page. Graphics or photos beyond the allowed average of 2 per web page shall be billed at an additional $____ each. Where custom graphic work (beyond the scope of the "Custom Graphics Package" detailed below) is requested, it will be billed at the hourly rate of $75/hr in one-minute increments with a minimum 15-minute charge.
Completion Date. Neostead 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 than _________________________.
The total amount of this contract is: $______________
This agreement begins with an initial payment of: $______________ and hereafter billed $___________ per month for 12 months. This will automatically renew at the end of the 12 month period unless client requests otherwise.
The balance due amount is: $______________
Changes in site maintenance, research, client input, client consultation, or client direction will be charged at $75 per hour billed in one-minute increments (minimum 15 minutes each) on a monthly basis. Payment will be due 15 days after receipt of invoice.
For subscribers of Discount Packages
This rate will apply to any maintenance which exceeds the 1 hour which is included in the package.
Any work which the Client wishes Neostead 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.
In the event that work is postponed or cancelled at the request of the Client, Neostead 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 Neostead and Neostead shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
Neostead shall be given the first opportunity to make revisions requested by the Client. Work shall be billed at the hourly rate listed above.
Client agrees to reimburse Neostead 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).
Copyright notice in Client's name shall be published with the Work. Neostead Design's name shall be published on all pages noting Neostead as designer unless specifically instructed otherwise. Should Client change designers, as long as original design remains intact, credit shall appear as described on all pages of site.
Authorship credit in the name of Neostead shall accompany the Work when it is reproduced or published in any manner. If the finished Work is used as a contribution to a magazine or for a book, authorship credit shall be given unless specified to the contrary in the preceding sentence.
The ownership of original artwork, including sketches and any other materials created in the process of making the finished Work, shall remain with Neostead. All such artwork shall be returned to Neostead by bonded messenger, air freight, or registered mail within thirty days of the Client's completing its use of the Work.
The Client and Neostead agree to comply with the provisions of the Code of Fair Practice, a copy of which may be obtained from the Joint Ethics Committee, P.O. Box 179, Grand Central Station, New York, New York, 10017.
Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this Agreement shall be submitted to a mutually agreed upon Arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney's fees and legal interest on any award or judgment in favor of Neostead.
The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.
On behalf of the client (authorized signature):
_______________________________________ Date ________________
On behalf of Neostead (authorized signature)
_______________________________________ Date ________________
Last updated January, 2006