Web Design Terms and Conditions
1.
Authorization. The above-named client is engaging Noble Reign Solutions (Inc),
located at 1-240 Bay St N, Hamilton, Ontario, L8L 1M3 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 on a web hosting service's computer. The
client hereby authorizes Noble Reign Solutions (Inc) to access
this account, and authorizes the web hosting service to provide
Noble Reign Solutions (Inc) 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 Noble Reign Solutions
(Inc) 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.) Noble Reign Solutions (Inc) 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 rate.)
- 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.)
- Links to external pages, up to an average
of 2.5 per page.
- Custom Graphics Package. Master 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 extra).
- 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 pages.
- Site publicity to at least a dozen major Web
search engines, such as 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 functional equivalent.)
- Image Map for internal navigation (Not included
in the package price for sites smaller than 6 pages.)
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 Noble Reign Solutions (Inc)
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 Noble Reign Solutions (Inc) dated
____________ is attached to this document and governs the
prices for this contract. Notwithstanding any prices listed
in literature or on WebPages, the client and Noble Reign Solutions
(Inc) 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 twelve-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 Noble Reign Inc
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 twelve-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 $ _________. 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 this rate.
6.
Changes to Submitted Text. Please send us your final text. Time required
to make substantial 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 Noble Reign Solutions
(Inc) 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. Noble Reign Solutions (Inc) 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 _________________________.
If
the client does not supply Noble Reign Solutions (Inc) complete
text and graphics content for 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 Noble Reign Solutions (Inc) are due and payable on the following
schedule: 40% upon signing this contract, 60% when the WebPages
have been constructed according to the client's original written
specifications. If the total amount of this contract is less
than $500, 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 Canadian funds.
10.
Assignment of Project. Noble Reign Solutions (Inc) 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. Noble Reign Solutions (Inc) 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 the client. In no event will Noble Reign Solutions (Inc)
be liable to the client or any third party for any damages,
including any lost profits, lost savings or other consequential
or special damages arising out of the operation of or inability
to operate these WebPages or website, even if Noble Reign
Solutions (Inc) 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 Noble Reign Solutions
(Inc) and unconditionally guarantees that any elements of
text, graphics, photos, designs, trademarks, or other artwork
furnished to Noble Reign Solutions (Inc) 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 Noble Reign Solutions
(Inc) 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 Noble Reign Inc 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 Noble Reign Solutions (Inc) is owned by Noble Reign Solutions
(Inc). 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. Noble Reign
Solutions (Inc) 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. Delinquent bills will be
assessed a $25 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. Noble Reign Solutions (Inc)
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 Noble Reign Solutions (Inc). Regardless of the place of
signing of this agreement, the client agrees that for purposes
of venue, this contract was entered in Hamilton, Ontario,
and any dispute will be litigated or arbitrated in Hamilton,
Ontario. Please pay on time.
16.
Sole Agreement. The agreement contained in this "Website Design Contract"
constitutes the sole agreement between Noble Reign Solutions
(Inc) and the client regarding this website. Any additional
work not specified in this contract must be authorized by
a written change of order. All prices specified in this contract
will be honored for twelve (12) months after both parties
sign this contract. Continued services after that time will
require a new agreement.
17.
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 Noble Reign Solutions (Inc), 1-240
Bay Street North, Hamilton, Ontario, L8L 1M3, phone (905)
522-0500, 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.
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