SAMPLE CONTRACT FOR NUSTAR NET
SOLUTIONS WEB DESIGN
CONTACT INFORMATION:
Contact
Name:______________________________________________________________________________
Phone:_____________________________________________________________________________________
Company/Client:____________________________________________________________________________
Address:___________________________________________________________________________________
Email
Address:_____________________________________________________________________________
WEB SITE INFORMATION:
Present URL (if
any):______________________________________________________________________
New Domain Name (if
applicable):___________________________________________________________
1. Definition of Terms:
NUSTAR NET SOLUTIONS: NUSTAR NET SOLUTIONS, located in
Elizabethtown, PA 17022
CLIENT:____________________________________________________________________________________
CONTRACT: This agreement and its attachment(s) (if any)
ATTACHMENT(s):_____________________________________________________________________________
2. Authorization:
The above named CLIENT is engaging NUSTAR NET SOLUTIONS, 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 ISP's computer (Web Hosting Provider). The CLIENT hereby authorizes
NUSTAR NET SOLUTIONS to access this ISP account and authorizes the
ISP to provide NUSTAR NET SOLUTIONS with any necessary "write
permission" for the Client's Web page directory, cgi-bin directory,
and any other directories or programs that need to be accessed for
this project. The CLIENT also authorizes NUSTAR NET SOLUTIONS to
publicize its completed Web site to Web search engines, as well as
other Web directories and indexes.
3.
Standard Hosting Service
It is agreed that this account will be hosted by iPowerweb.com. In the
opinion of NUSTAR NET SOLUTIONS this Web Hosting Provider offers
superior service and affordable value. All charges incurred in
securing, setting up, and/or otherwise administering the hosting
will be calculated and payed up front and in full by the Client.
Such fees are payable to the host provider and are non-refundable. The hosting fee and associated set-up
fees etc., are understood to be over and above any design and
development costs from NUSTAR NET SOLUTIONS. NUSTAR NET SOLUTIONS
will either secure the hosting account on behalf of the Client, or
the Client may secure the account independently. The cost is the
same whether NUSTAR NET SOLUTIONS or the CLIENT secures this
service. Please note: Using an alternate host is always an option
for the Client.
4. Domain Registration
It is agreed that a Domain Name will be registered through iPowerweb.com. In the
opinion of NUSTAR NET SOLUTIONS this Registrar offers
superior service and affordable value. All charges incurred in
securing, setting up, and/or otherwise administering the Domain Name will be calculated and payed
up front and in full by the Client. Such fees are payable to the
Registrar and are non-refundable. The Domain Name fee and associated set-up
fees etc., are understood to be over and above any design and
development costs from NUSTAR NET SOLUTIONS. NUSTAR NET SOLUTIONS
will either secure the Domain Name on behalf of the Client, or
the Client may secure the account independently. The cost is the
same whether NUSTAR NET SOLUTIONS or the CLIENT secures this
service. Please note: Using an alternate Registrar is always an
option for the Client.
5. Warranties:
NUSTAR NET SOLUTIONS represents and warrants to the CLIENT that it
has the experience and ability to perform the services agreed upon
in this CONTRACT; that it will perform said services in a
professional, competent and timely manner; that it has the power to
enter into and perform this CONTRACT; and that its performance of
this CONTRACT will not determine or exercise control as to general
procedures or formats necessary to have these services meet Client's
satisfaction.
The CLIENT represents and warrants to NUSTAR NET SOLUTIONS that it
will provide CLIENT materials as required in a professional,
competent, and timely manner; that it has the power to enter into
this Agreement on behalf of CLIENT; and that its performance of this
CONTRACT shall not infringe upon or violate the rights of any third
party or violate any federal, state and municipal laws.
6. Standard Web Site Products:
The standard Web site development as defined through NUSTAR NET
SOLUTIONS is as follows:
* Email/phone consultation. (Initial planning/development
consultation is free)
* Up to two hours total general Internet orientation, education,
marketing strategy, and Web design consultation. Telephone long
distance charges are in addition to rates quoted. Additional
education and consultation is at our hourly rate of $_______.
* Up to # Web pages - for example a home page, map and
directions page, "about us" page, contact page, services page,
products page, and products detail page.
* Text. Final text shall be supplied by the CLIENT (250 words per
Web page approximate maximum if not supplied via electronic format. Web pages
with more than 1,500 words of text may be subject to additional fees
for increased formatting time.)
* Links. Up to an average of #
external links per page, and an email
response link on each Web page to any email address the CLIENT
designates.
* Custom graphics. Company logo or other top-of-page graphic,
bullets, lines, colored or textured background as well as #
photos or graphics per page are included. Beyond the #
photos or graphics
per page, an extra charge will apply for scanning services,
photography, and graphic design and modification.
* Installation of Web pages on the CLIENTS's ISP host computer.
* A maximum of # revisions to the draft Web site will be included
at no extra cost to create the look and feel that is desired.
Further revisions will be billed at the normal hourly rate of
$_____.
* Minor updates and changes to existing Web pages for two
weeks from completion of Web site (includes up to one hour per page total,
subject to the limits** outlined below)
* Initial registration to the top ten search engines such as
AltaVista, Excite, Hot Bot, Google, and Yahoo. The top ten search
engines will be determined by NUSTAR NET SOLUTIONS. At no time does
NUSTAR NET SOLUTIONS promise or imply that we guarantee CLIENT's Web
site a certain rating in the search engines.
7. Fees:
NUSTAR NET SOLUTIONS will execute this Web site design as specified
by the CLIENT requirements as terms of this CONTRACT and
incorporated in this CONTRACT. Unless specified otherwise in the
ATTACHMENT, 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 NUSTAR NET SOLUTIONS an additional $_____ for
each additional Web page. Graphics or photos beyond the allowed
average of # per Web page
shall be billed at an additional $_____ each. Where custom graphic
work (beyond the scope of the "Custom Graphics" detailed above) is
requested, it will be billed at the hourly rate of $_____.
8. Maintenance:
This CONTRACT does not include our maintenance contract. Web page
maintenance will be the responsibility of the CLIENT. If a
maintenance service agreement is entered into between NUSTAR NET
SOLUTIONS and the CLIENT, it will be contained within its own
document and not connected to this CONTRACT. However, this CONTRACT
does include minor modifications and corrections requested within a
two-week period up to an average of one hour per page, including
updating links and making minor changes to a sentence or paragraph.
**It does not include removing nearly all the text from a page and
replacing it with new text. If the CLIENT or an agent other than
NUSTAR NET SOLUTIONS attempts to update the Client's pages during
this time, time to repair the Web pages will be assessed at the
hourly rate of $_____, and is not included as part of the
modification time.
9. Payment:
All services agreed to in this CONTRACT, shall be sold for the fee
specified at the end of this document. Payment shall be by cash,
check, or money order, in U.S. dollars, and made payable to "Michael
L. Wilson."
10. Payment Terms:
A minimum deposit of
fifty percent (50%) of the design cost is required to commence work.
The site will then be put on-line on a draft directory of NUSTAR NET SOLUTIONS 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
site will be moved to the main directory of the CLIENT's ISP.
Marketing of the site in the top ten search engines and directories
will occur only after the final payment is made.
11. Completion Date:
NUSTAR NET SOLUTIONS and the CLIENT must work together to complete
the Web site in a timely manner. Much of this depends on receiving
the appropriate images and text from the CLIENT. We agree to work
expeditiously to complete the Web site in a professional and timely
fashion.
12. Assignment of Project:
NUSTAR NET SOLUTIONS reserves the right to assign subcontractors to
this project to ensure the right fit for the job as well as on-time
completion. NUSTAR NET SOLUTIONS will be responsible for the final
results of the project.
13. Additional Expenses:
CLIENT agrees to reimburse NUSTAR NET SOLUTIONS for any additional
expenses necessary for the completion of the work. Examples would be
purchase of special fonts, stock photography, etc.
14. Additional Services:
Any revisions, additions or redesign CLIENT wishes NUSTAR NET
SOLUTIONS to perform not specified in this document shall be
considered "additional" and will require a separate Agreement and
payment.
15. Copyrights and Trademarks:
The CLIENT represents to NUSTAR NET SOLUTIONS and unconditionally
guarantees that any elements of text, graphics, photos, design,
trademarks, or other artwork furnished to NUSTAR NET SOLUTIONS 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 NUSTAR NET
SOLUTIONS and its subcontractors from any claim or suit arising from
the use of such elements furnished by the CLIENT.
16. Age:
CLIENT certifies that he or she is at least 18 years of age.
17. 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 site. 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 NUSTAR NET
SOLUTIONS from any claim resulting from Client's publication of
material or use of those materials. CLIENT hereby agrees to
indemnify and hold harmless NUSTAR NET SOLUTIONS in any claim
resulting from the submission of illegal materials.
If NUSTAR NET SOLUTIONS shall acquire an Internet Domain Name on
behalf of the CLIENT, then in such case CLIENT hereby waives any and
all claims which it may have against NUSTAR NET SOLUTIONS, for any
loss, damage, claim or expense arising out of or in relation to the
registration of such Domain Name in any on-line or off-line network
directories, membership lists or registration lists, or the release
of the Domain Name from such directories or lists following the
termination of the providing of this service by NUSTAR NET SOLUTIONS
for any reason.
Under no circumstances, including negligence, shall NUSTAR NET
SOLUTIONS, its offices, agents, or anyone else involved in creating,
producing, or distributing its services, be liable for any direct,
indirect, incidental, special, or consequential damages that result
from the use of or inability to use NUSTAR NET SOLUTIONS's services,
or that results from mistakes, omissions, interruptions, deletions,
or loss of files or data, errors, defects, delays in operation, or
of performance, whether or not limited to acts of God, communication
failure, theft, destruction, or unauthorized access to Nustar Net
Solutions's records, programs, or services. CLIENT maintains sole
responsibility for data back-ups and restoration. CLIENT hereby
acknowledges that this paragraph shall apply to all content on
Nustar Net Solutions's services.
Notwithstanding the above, Client's exclusive remedies for all
damages, losses, and causes of actions whether in CONTRACT, tort
including negligence, or otherwise, shall not exceed the aggregate
dollar amount that CLIENT paid during the term of this CONTRACT and
any reasonable attorney's fee and court costs.
18. Indemnification:
CLIENT agrees that is shall defend, indemnify, save and hold NUSTAR
NET SOLUTIONS harmless from any and all demands, liabilities,
losses, costs, and claims, including reasonable attorney's fees,
("Liabilities") asserted against NUSTAR NET SOLUTIONS, 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 NUSTAR NET SOLUTIONS
against Liabilities arising out of any injury to person or property
caused by any products or services sold or otherwise distributed in
connection with NUSTAR NET SOLUTIONS's 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 from the Web site NUSTAR NET SOLUTIONS has designed.
19. 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 NUSTAR NET SOLUTIONS and its
subcontractors from any claim, suit, penalty, tax, or tariff arising
from the Client's use of Internet electronic commerce.
20. Copyright to Web Pages.
Copyright to the finished, assembled work of Web pages produced by
NUSTAR NET SOLUTIONS is owned by NUSTAR NET SOLUTIONS. Upon final
payment of this CONTRACT, the CLIENT is assigned rights to use as a
Web site the design, graphics, and text contained in the finished,
assembled Web site. 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. NUSTAR
NET SOLUTIONS and its subcontractors retain the right to display
graphics and other Web design elements as examples of their work in
their respective portfolios.
21. Authorship Credit:
CLIENT may select that NUSTAR NET SOLUTIONS includes a byline and
link on the bottom of their Web page establishing authorship credit.
This byline is upon agreement by both CLIENT and NUSTAR NET
SOLUTIONS and must be removed at any time upon written request by
NUSTAR NET SOLUTIONS.
22. Non-Disclosure:
NUSTAR NET SOLUTIONS, its employees, and subcontractors agree that,
except as directed by CLIENT, it will not at any time during or
after the term of this CONTRACT disclose any Confidential
Information to any person whatsoever.
23. Cancellation:
In the event that work is postponed or canceled at the request of
the CLIENT by registered letter, NUSTAR NET SOLUTIONS shall have the
right to bill pro rata for work completed through the date of that
request, while reserving all rights under this CONTRACT. 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
NUSTAR NET SOLUTIONS and NUSTAR NET SOLUTIONS shall own all rights
to the Work. The CLIENT shall assume responsibility for all
collections of legal fees necessitated by default in payment.
24. Refund Policy:
If the CLIENT applies by a registered letter for a refund within
fifteen (15) days of signing this CONTRACT, work already completed
shall be billed at the hourly rate of $_____ 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 $_____.
25. Arbitration:
Any disputes in excess of $1,000 (or the maximum limit for small
claims court) arising out of this CONTRACT shall be submitted to
binding arbitration before the Joint Ethics Committee or 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 NUSTAR NET SOLUTIONS.
26. Payment of Fees:
In order for NUSTAR NET SOLUTIONS to remain in business, payments
must be made promptly. Invoices are due upon receipt. 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. NUSTAR NET SOLUTIONS 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 CONTRACT becomes
effective only when signed by NUSTAR NET SOLUTIONS. Regardless of
the place of signing of this CONTRACT, 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. Please pay on time.
27. Entire Understanding:
This CONTRACT constitutes the sole agreement between NUSTAR NET
SOLUTIONS and the CLIENT regarding its Web Design Service. It
becomes effective only when signed by both parties. This CONTRACT
shall be governed and construed in accordance with the laws of the
State of Pennsylvania. The parties agree that if any part, term, or
provision of this Agreement shall be found illegal or in conflict
with any valid controlling law, the validity of the remaining
provisions shall not be affected thereby.
28. Total Fee Due: $
The undersigned agrees to the term of this CONTRACT on behalf of his
or her organization or business.
On behalf of the CLIENT:
______________________________________________________Date_________________________________
On behalf of NUSTAR NET SOLUTIONS:
______________________________________________________Date_________________________________
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