McCullough IT Solutions
Web Site Design Project Contract
Client Information:
[Name]
1. Authorization.
The above-named Client (hereinafter referred to as “Client”) is engaging McCullough IT Solutions as an independent contractor for the specific purpose of designing a World Wide Web site, herein after referred to as “Web Design Project”, to be published on the Client’s account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, herein after refer to as “Hosting Service”, or provided on CD or DVD at the Client’s option. The Client hereby authorizes McCullough IT Solutions to access this account, and authorizes the Hosting Service to provide McCullough IT Solutions with “full access” to the Client’s account, and any other programs needed for this Web Design Project that are included as part of the Client’s service agreement/level.
2. Development.
This Web Design Project will be developed using Wordpress or Drupal Content Management Software and HTML/PHP and other Open Source programming languages, when needed.
Compatibility – Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. McCullough IT Solutions represents and warrants that the web site we design for you will work with most major Internet browsers. We fully support Open Source text-based browsers so please let us know if you would like the site to work with these types of browsers.
For People with Disabilities – McCullough IT Solutions will make every effort possible to meet the current recommended guidelines for web site development for People with Disabilities. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.
3. Assignment of Web Design Project.
McCullough IT Solutions reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion.
4. Copyrights and Trademarks.
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to McCullough IT Solutions for inclusion in the Web Design Project 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, indemnify and defend McCullough IT Solutions and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
5. Web Site Maintenance.
Will be decided on with client on a per client basis.
6. Completion Date.
McCullough IT Solutions and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project no later than 30 days after Client has submitted all necessary materials. If the Client does not supply McCullough IT Solutions with complete text and graphics content for this Web Design Project within 45 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by McCullough IT Solutions as liquidated damages and the contract shall become null and void, at McCullough IT Solutions’ option, unless the Web Design Project is canceled in writing by the Client prior to 45 days of the effective date of the agreement.
7. Project Delivery.
The final web site design project will be published to the Client’s hosting service upon receipt of final payment or delivered via CD or DVD upon the receipt of full payment. The Client understands that McCullough IT Solutions does not provide any hosting services in connection with this Web Design Project. McCullough IT Solutions does offer hosting services but a separate contract is required. The Client agrees to select a hosting service which allows McCullough IT Solutions full access to the Client’s account via FTP (File Transfer Protocol). The Client will be solely responsible for any and all hosting service charges.
8. Electronic Commerce Laws.
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend McCullough IT Solutions and its subcontractors from any claim, suit, penalty, tax, fine, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
9. Web Design Project Copyright.
Copyright to the finished web design site produced by McCullough IT Solutions will be owned by McCullough IT Solutions. The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs specifically are not transferred to the Client, and remain the property of their respective owners. McCullough IT Solutions and its subcontractors retain the right to display graphics and other Web Design elements as examples of their work in their respective portfolios.
10. Payments.
Payments must be made promptly based on the terms of this Web Site Design Project. McCullough IT Solutions reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. All payments are to be made within 30 days after completion and approval of the Web Design Project by the Client. In case collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process. This agreement becomes effective only when signed by McCullough IT Solutions. All payments will be made in U.S. Dollars.
11. Payment Schedule.
Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and the Package Price, attached hereto and made a part of this agreement hereof. Notwithstanding any prices listed in literature or on Web pages, the Client and McCullough IT Solutions agree that the services described in this contract, and the Package Price, shall be completed for $________. The Client agrees to pay to McCullough IT Solutions an initial, non-refundable deposit of $________ (normally, 50% of the estimated total cost) upon execution of this agreement. Final payment is due within 30 days prior to publication and/or delivery of the Web Site Design Project. All amounts must be in U.S. Dollars.
12. Legal Notice.
Notwithstanding anything to the contrary contained in this contract, neither McCullough IT Solutions nor any of its employees or agents, warrants that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will McCullough IT Solutions be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor’s computer or Internet software, even if McCullough IT Solutions has been advised of the possibility of such damages.
13. This Agreement.
This agreement constitutes the sole agreement between McCullough IT Solutions and the Client regarding this Web Design Project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by both Client and McCullough IT Solutions. All prices specified in this contract will be honored for 6 months after both parties sign this contract. Continued services after that time will require a new
agreement.
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.
AGREED TO:
Client
(Sign) By_____________________________________ Date ________________
(Print) Name:
Title:
Address:
Phone:
E-mail:
McCullough IT Solutions
By__________________________________________ Date ________________
Chad McCullough
It’s Authorized Representative