Web Site Design
Project Contract
______________________________________
[Package Type]
Client Information:
_______________________________
Name
_______________________________
Address
_______________________________ ______________
______________
City
State Zip
_______________________________
Phone
1.
Authorization.
The above-named client (hereinafter referred to as "Client")
hereby engages Quicksilver Websites LC, 123 Hickory
Lane, Georgetown, Texas, 78628, its officers, agents,
employees, and subcontractors (hereinafter collectively
referred to as "Quicksilver"),
as an independent contractor for the specific purpose of
designing a World Wide Web site (hereinafter referred to
as the "Project") to be published on the Client's
account on an Internet Service Provider (ISP)/Web
Presence Provider (WPP) computer, hereinafter refer to
as "Hosting Service", or provided on such other media
that the Client requests in writing. The Client hereby
authorizes Quicksilver to access this account, and
authorizes the Hosting Service to provide Quicksilver,
with full controlling access to all levels of 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. The Client also
authorizes Quicksilver to submit the completed Web
Design Project to major Web Search Engines.
2.
Development.
The web design tools used to develop this Project will
be determined at the sole discretion of Quicksilver.
3.
Browser Compatibility.
Designing web pages to work identically in multiple
browsers and browser versions can require considerable
extra effort and expense as it could involve creating
multiple versions of various code pieces and pages.
Quicksilver represents and warrants that the web pages
it designs for function in Microsoft® Internet Explorer
versions 6.0 and later and Netscape Navigator/
Communicator version 7.2 and later. While Quicksilver
will make reasonable efforts to create designs that are
fully "backward compatible", the Client acknowledges
that such backward compatibility, especially with
advanced function, will involve significant additional
time and expense. Quicksilver does not warrant full
function on any other browser or version other than
those listed.
4.
Accessibility.
Quicksilver will make all reasonable efforts to ensure
full accessibility for all visitors, limited at its sole
discretion. Additional efforts directed by the Client
in writing will be at the Client's additional expense.
5.
Assignment.
Quicksilver may, at its sole discretion, assign portions
of this Web Design Project without change to any of the
basic terms and conditions of this Project Contract.
6.
Copyrights and Trademarks.
The Client unconditionally warrants that any elements of
text, graphics, photos, designs, trademarks, or other
artwork furnished to Quicksilver for inclusion in the
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 Quicksilver 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.
7.
Completion Date and Client-supplied materials.
Quicksilver agrees to complete the Project no later than
_______ days after Client has submitted all necessary
materials. If the Client does not supply Quicksilver
with complete text and graphics content for this Project
within 45 days of the effective date of this agreement
the entire deposit amount of the agreement may be
retained by Quicksilver, at its sole discretion, as
liquidated damages and the contract shall become null
and void.
8.
Cancellation.
The Project may be cancelled in writing by either party
without prejudice and without liquidated damages, within
15 days of the effective date of this agreement.
Deposits are refundable at the
sole discretion of Quicksilver.
9.
Website Completion.
Quicksilver and Client will each exert all due effort to
complete all Project requirements by the completion date
and to render final payment. By rendering final payment
for the Project Client acknowledges completion of all
requirements of the Project.
10.
Project Delivery and Hosting.
The final project will be published to the Client's
hosting service upon receipt of final payment or
delivered via other media at the Client's request, upon
receipt of full and final payment. The Client
acknowledges that any hosting services provided to it by
Quicksilver are not part of this agreement, and are
subject to a separate agreement. If hosting services
are contracted from a source other than Quicksilver the
Client agrees to contract with a hosting service that
meets the server software requirements of the Project as
determined by Quicksilver including FTP and/or Microsoft
FrontPage®. Client further agrees that Quicksilver will
have complete "root" access to the hosted domain.
Client acknowledges that Quicksilver's efforts to
resolve server software issues with non-Quicksilver
servers, including FrontPage® Server extensions and
other required server software are subject to additional
hourly charges of $____ or as referenced in Paragraph _
. If the Client elects project delivery on other media
of its choice the Client assumes all responsibility for
the use and functionality of the Project.
11.
Meta Tags and Search Engines.
Adding of Meta Tags (Description and Keywords) and the
periodic submission and resubmission of the web design
project to search engines and updating occur only after
the full final payment is made, and are subject to
additional charges.
12.
Website Maintenance.
Quicksilver and Client may enter into a separate
agreement for website maintenance services after the
completion of the Project, but none are contemplated in
this Contract.
13.
Electronic Commerce Laws.
The Client acknowledges that it is solely responsible
for complying with any laws, taxes, and tariffs
applicable in any way to the Project and all services
contemplated herein, and will hold harmless, protect,
and defend Quicksilver from any claim, suit, penalty,
tax, fine, or tariff including attorney’s fees, arising
from the Client's exercise of Internet electronic
commerce and/or any failure on the part of Client to
comply with any such laws, taxes, and tariffs.
14.
Copyrights.
Copyright to the finished web design site produced by
Quicksilver will be the sole property of the Client 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 are specifically not transferred to the Client,
and remain the property of their respective owners.
Quicksilver and its subcontractors retain the right to
display graphics and other Web design elements as
examples of their work in their respective portfolios.
The Project may contain a copyright and/or legal
statement with links to Quicksilver’s family of
websites.
15.
Arbitration.
Any
controversy or claim arising out of or relating to this
agreement, or any breach thereof, shall be
settled by arbitration in the city of Georgetown, Texas,
in accordance with the rules then obtaining of the
American Arbitration Association, and judgment upon the
award rendered may be entered in any court having
jurisdiction thereof.
16.
Collection. Quicksilver
reserves the right, at its sole discretion, to remove
any and all web content from view on the Internet when
any legitimately incurred amount is outstanding and
overdue from the Client to Quicksilver, and will
endeavor to restore such content promptly and without
delay upon the receipt of such payment. In case
collection proves necessary, the Client agrees to pay
all fees (including all attorney’s fees and court costs)
incurred by that process.
17.
Venue.
Regardless of the place of signing of this agreement,
the Client agrees that for purposes of venue, this
agreement was entered into in Williamson County, Texas,
and any dispute will be litigated or arbitrated in
Georgetown, Texas, and the client hereby consents to the
personal jurisdiction of the Texas State Courts.
18.
Legal Notice.
Notwithstanding anything to the contrary contained in
this contract, neither Quicksilver 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 rests
with the Client. In no event will Quicksilver 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 Quicksilver's 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
Project, failure of any service provider, of any
telecommunications carrier, of the Internet backbone, of
any Internet servers, the Client's or site visitor's
computer or Internet software, even if Quicksilver has
been advised of the possibility of such damages.
19.
Payments and Deposit. Payment for services provided hereby shall be made in
accordance with the conditions contained in this
contract and any documents attached hereto and made a
part of this agreement by inclusion. Notwithstanding any
conflicting prices listed in literature or on Web pages
as published from time to time, the Client and
Quicksilver agree that the services described in this
contract and any attachment included by reference, shall
be completed for $__________. The Client agrees to pay
to Quicksilver an initial, non-refundable deposit of
$__________ upon execution of this agreement. Final
payment is due prior to publication and/or delivery of
the Project. All amounts are in U.S. Dollars.
20.
Sole Agreement. This agreement constitutes the sole agreement between Quicksilver and
the Client regarding this 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 Quicksilver.
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.
Quicksilver and the undersigned Client through their
authorized representatives hereby agree to the terms,
conditions and stipulations of this agreement.
ACCEPTED BY:
Client
By_____________________________________ Date
________________
Name __________________________________
Title ___________________________________
Quicksilver Websites LC
By_____________________________________ Date
________________
Name __________________________________
Title ___________________________________
Note: This is a sample ONLY and is subject to change.
Your actual contract may vary
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