quote:

My contract is two pages of A4 which consists of the agreed costs, a description of the design/build process and a paragraph on each of the following points:

1. Copyright
2. Fees
3. Payment Terms
4. Consequential Loss
5. Search Engines
6. Browsers
7. Completion of Work
8. Supply of Materials
9. Approval of Work
10. Rejected Work
11. Right to Terminate
12. Events beyond my control

quote:

ORIGINAL: jaybee
And you get that on 2 pages? Is it really small print?

quote:


Website Design, Development and Maintenance Contract No: XXXXXX

Company/Business/Client: XXXXXXXX

ABN: XXXXXXXX Phone: XXXXXXXXXX Fax: XXXXXXXXXX

Authorised Representative of the Client: XXXXXXXXXX

Address: XXXXXXXXXX

City/Suburb: XXXXX State: XXX Postcode: XXXX

E-mail Address: XXXXXX

Current Website URL (if applicable): XXXXXX

Current Web Host (if applicable): XXXX

Terms of Agreement

1. Authorisation

XXXXXX is engaging NixDesign, as an independent contractor for the specific purpose of developing an Internet Website suitable for a (business type) to be installed on the Client’s web space located on an Web Hosting Provider’s server.

Hereafter, XXXXXX is referred to as the “Client” and NixDesign will be known as “NixDesign”

2. Hosting & Domain Name Registration

The Client will organise web hosting and domain name registration for the website or will request that NixDesign organise these on their behalf.

3. Base Package / Graphic Creation / E-mail

This agreement encompasses up to the number of web pages agreed upon, with layout and graphic creation included and agreed to in the “Scope of Work” see Appendix A.

4. Content

All content shall be provided by the Client either as an email, an email attachment in Microsoft Word.doc format or as a machine printed document easily legible and able to be scanned.

It is the sole responsibility of the Client to supply NixDesign complete text and graphics content for all web pages contracted. Should the Client fail to perform in this respect NixDesign reserves the right to cease development of the website. If necessary, NixDesign undertakes to send reminder notices to the Client setting out NixDesign’s requirements in respect of receiving all text and graphics to construct the website.

5. Cross Browser Compatibility.

This agreement includes the creation of a web site viewable by Netscape 6.0, Mozilla 1.0, Mozilla Firefox 1.0, Opera 7.0 and Microsoft Internet Explorer 6.0 and above. Compatibility is defined herein as all critical elements of each page being viewable and functional in these browsers.

6. Payment Terms / Work Flow

A minimum deposit comprising half of NixDesign’s quoted fee is required to commence work.

Once the deposit is received by NixDesign, if applicable, domain name registration will take place as well as web hosting organised and basic site design concepts will begin.

Once the initial design is completed, the Client’s website will be put online for the Client's viewing and approval. Communication between NixDesign and the Client is crucial during this phase to ensure that the final publication will match the Client's tastes and needs.

Upon completion of this stage, the Client will be asked to confirm acceptance for the basic site design via e-mail. Once this acceptance is received from the Client, the work necessary to complete the project will begin.

Upon completion of the web site, an e-mail or letter and invoice will be sent to the Client advising the Client that the work has been completed. Final payment of the remaining balance, plus any additional charges (see section 7 – Client Amends), incurred will fall due within thirty (30) business days after delivery of this e-mail or letter and invoice.

Upon receipt of the balance, the Client’s website will be uploaded to the Internet under the Client’s registered domain name. Under no circumstances will the Client’s websites be published online before final payment is received and cleared by a financial institution in the case of payments made by cheque.

Payment will be accepted by cash, cheque, money order, direct deposit or Paypal. Please note: Credit Card payments will not be accepted.

7. Client Amends

We encourage input from the Client during the design process but also understand that Clients may request significant design changes to pages that have already been built to the Client's specifications. To that end, please note that our agreement does not include a provision for "significant page modification" or creation of additional pages in excess of our agreed page maximum. If significant page modification is requested after a page has been built to the Client's specifications, we must count it as additional work.

Significant page modifications at the request of the Client include but are not limited to:

 Developing a new structure to accommodate a substantial redesign at the Client's request.
 Recreating or significantly modifying the company logo graphic at the Client's request.
 Replacing more than 75% of the text to any given page at the Client's request.
 Creating a new navigation structure or changing the link graphics at the Client's request.

NixDesign reserves the right in its sole discretion to determine the meaning of Significant Page Modification.

If significant page modification is requested by the Client after the page maximum has been reached, additional charges will be in accordance with our hourly rate. Moderate changes, however, will always be covered during development of the site and also covered by our one month of free maintenance immediately following the signing of the NixDesign Website Completion Contract.

Again, we strive to accommodate the needs of each Client and we maintain a liberal redesign policy. We cannot, however, provide major redevelopment services to the Client in excess of the page maximum contemplated by this agreement.

8. Maintenance Agreements

If the Client decides to have NixDesign maintain the website upon completion, a Maintenance Agreement and the terms of same will be listed as Appendix B to this agreement.


9. Search Engine Optimization

NixDesign will optimize the Clients web site with appropriate titles, keywords, descriptions and text. NixDesign however, cannot guarantee the completed website’s ranking position in any particular search engine.

10. Copyrights and Trademarks

The Client represents to NixDesign and unconditionally guarantees that any elements of text, graphics, photographs, designs, trademarks, or other artwork furnished to NixDesign for inclusion in the Client's web site are owned by the Client, or that the Client has express consent from the rightful owner to use each of these elements, and indemnifies NixDesign from all liability whatsoever.

11. Ownership to Web Pages and Graphics.

Copyright to the finished assembled work of websites produced by NixDesign shall be vested with the Client upon final payment for the project. This ownership is to include all content text, all supplied images , all graphics, source code and all other elements supplied by the client to NixDesign for the purposes of creating a website. Rights to purchased photographs are specifically not transferred to the Client, and typically remain the property of the photographer or the company that owns the original license.

Should any materials created by NixDesign and described in this contract be used on the web by the Client before the tender of final payment, then this contract is breached and appropriate penalties will apply.

12. Design Credit

The Client agrees that NixDesign may put a byline on the bottom of their website establishing design and development credit.

13. Completion Date

The parties agree to work together to complete the web site in a timely manner for the benefit of both parties.

We agree to work expeditiously to complete this project no later than: XXXXXX or as otherwise agreed by both parties.

14. Cancellation

Cancellation of the project at the request of either party shall be given by email or facsimile giving 30 days notice.

18. Entire Understanding.

This contract and Appendices attached hereto constitute the entire agreement between NixDesign and the Client regarding this project. It becomes effective only when signed by both parties. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and NixDesign. Specific details of our agreement will be attached as Appendix A, Appendix B.

Both parties warrant that they have read and understand the terms set forth in this agreement.

This agreement shall be governed and construed in accordance with the laws of the State of New South Wales.

Signed on behalf of the Client: ________________________________________

Date ___________________

Signed on behalf of the NixDesign: _____________________________________

Date __________________



Thank you for choosing NixDesign.


Appendix A: Scope of Work

The Client has agreed to contract NixDesign to design and develop a website incorporating the following elements;

 Web hosting
 Design website (which will include the following)
 Approximately 5 - 10 pages
 Consistent colour scheme throughout entire site
 Use of Client logo and any photographs/images the Client holds copyright on, or has permission to reproduce (approximately up to 10 )
 A site map
 Website traffic analyzer
 External links (Approximately 5 - 10 )
 One Contact Form
 Cross Browser Compatibility (as per section 5 – Cross Browser Compatibility)
 Basic Search Engine Optimization (as per section 10 – Search Engine Optimization)
 Compliance with W3C Web Standards
 Compliance with Web Content Accessibility Guidelines

This work will be completed and published on the World Wide Web by XXXXXX or as otherwise agreed by both parties at a cost to the Client of $XXXXXXXXXX.



Signed on behalf of the Client: ___________________________________________

Date ___________________


Signed on behalf of the Developer: _______________________________________

Date __________________

Appendix B: Maintenance Agreement

The Client has agreed to contract NixDesign to maintain the website on an ongoing basis.

Updates Provided

 Add/Delete photographs, images, pages, external links, remove external advertisers when advised by the Client
 Add/Remove/update text within the website when text becomes obsolete or outdated

Maintenance Provided

 Check of all external links
 Check for unauthorized copyrighted material use on other websites
 Modify/Change meta tags and or content elements to assist with improved search engine ranking (if necessary)
 Monitor web site traffic and suggest design changes based on user viewing preferences

All new text and other content shall be provided by the Client either as an email, an email attachment in Microsoft Word.doc format or as a machine printed document easily legible and able to be scanned.

The Client instructs NixDesign to perform regular updates and maintenance including the above mentioned tasks as required by the Client.

All updates requested by the Client will be uploaded to the website promptly and be charged at the hourly rate of XXXXXXXXXX.

Cancellation of this maintenance agreement at the request of either party must be made giving thirty (30) days notice to the other party.




Signed on behalf of the Client: Signed on behalf of the Developer:

Date: _________________________

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8pt is fine or even smaller.

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I have to disagree on that