Phone ___________ FAX ___________

Company/Client _____________________________

Address ________________________________

______________________________________________

City ____________________ State ____ ZIP ____ Country ___

E-mail address _________________________

Present WWW URL (if any):

_______________________________________________

Username ________________ Password ______________________

These are the terms of our agreement together:

1. Authorization. The above-named client is engaging Steve McKinnis, a sole proprietor, located at 1010 University Avenue, #754, San Diego, California 92104, 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 Steve McKinnis to access this account, and authorizes the web hosting service to provide Steve McKinnis with "write 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 Steve McKinnis to publicize their completed website to Web search engines, as well as other Web directories and indexes.

2. Website Elements. Steve McKinnis includes the following elements in their Website Packages:

• E-mail/phone consultation (Up to 2 hours total general Internet orientation, marketing strategy, Web design consultation. Telephone and long distance charges are in addition to package rates quoted. Additional consultation is at our hourly rate.) No instruction is offered/given in coding or web site development or maintenance.
• Words of text supplied by the client (200 words per page approximate maximum via CD or e-mail in text or txt format. 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. Masthead 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 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 one month, 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 (submission/submitted to) to major Web search engines, such as Yahoo, Google, etc.

3. Website. 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 WebPages beyond the original number of pages specified above, the client agrees to pay Steve McKinnis 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. 

5. Maintenance and Hourly Rate. This agreement includes minor webpage maintenance to regular WebPages (not store product pages) over a one-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 it also does not cover unlimited or any replacement of files (meaning video, sound or wave files or anything animated that may require re-sampling, conversion or extra coding to function) if you have pages that include such files they will be re-installed but not edited or re-constructed as part of a re-work or re-build or overhaul of an existing site. All additional video, sound or wave files will be billed at the regular hourly rate. If the client or an agent other than Steve McKinnis 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 one-month maintenance period commences upon the date the client signs this contract. However, the one-month maintenance will be void if client extends the date of completion on their part (meaning, they hold up edits, or content by being busy, out of town, on vacation or something that is not germane to the site in general) as stipulated in the time line. 

Changes requested by the client beyond those limits will be billed at the hourly rate of $ 95.00. 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 e-mail me your final text. Time required to make substantive 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 Steve McKinnis 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. Steve McKinnis 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 Steve McKinnis complete text and graphics content all WebPages contracted for 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 Steve McKinnis are due and payable on the following schedule: 50% upon signing this contract, 50% when the WebPages have been constructed according to the client's original written specifications. If the total amount of this contract is less than $1,500, 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 US funds.

10. Assignment of Project. Steve McKinnis 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. Steve McKinnis 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 client. In no event will Steve McKinnis 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 WebPages or website, even if Steve McKinnis 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 Steve McKinnis and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Steve McKinnis 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 Steve McKinnis and his subcontractors from any claim or suit arising from the use of such elements furnished by the client. INFRINGEMENT (If discovered during the course of construction). If client knowingly includes materials that they do not hold permission or the copyright to; this contract will be void. No refund will be made either in part or in whole. If monies collected to date do not cover the time for the creation of the site to that date client will be responsible for the balance due. A holding page will be posted and all other content removed.

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 Steve McKinnis 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 Steve McKinnis is owned by Steve McKinnis. 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. Steve McKinnis and his subcontractors (if applicable) retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

15. Payment of fees. Payments must be made on time. Delinquent bills will be assessed and 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. Steve McKinnis 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 Steve McKinnis. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in San Diego County, California, and any dispute will be litigated or arbitrated in San Diego County, California. Please pay on time.

16. Sole Agreement. The agreement contained in this "Website Design Contract" constitutes the sole agreement between Steve McKinnis and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for four (4) 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 15 days, to Steve McKinnis, 1010 University Avenue, #754, San Diego, CA 92104, phone (619) 913-3101, 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 15 days of signing this contract.

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 Steve McKinnis (authorized signature)

_______________________________________ Date ________________

Steve McKinnis: Web/Graphic Designer [PC & MAC]
Mail: 1010 University Avenue #754 | San Diego, California 92103
619.913.3101 & 619.543.9795
E-mail me directly at: steve@stevemckinnis.com

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