Agreement with Computer Consultant Regarding Web Site Design
Computer Consultant Services Agreement made this (date), between (Name of Client),
a corporation organized under the laws of (name of state), having its principal office at
(street address, city, state, zip code), referred to herein as the Client, and (Name of
Consultant), of (street address, city, state, zip code), referred to herein as Consultant.
I. Services to be Performed. Client authorizes the following services (collectively,
the service) to be performed by Consultant:
A. The design of a homepage for the World Wide Web. Consultant agrees,
based on information and data supplied by Client, to design and draft a
homepage, in HTML format, suitable to be placed by Client with an Internet
Service Provider (ISP). Consultant will provide assistance in selecting a suitable
company (the Provider) to host the homepage, but makes no representation or
warranty concerning the Provider. Client is responsible to reach an Agreement
for price and terms for hosting the website and is solely responsible for all costs,
including activation and monthly fees. Consultant makes no representations or
warranties concerning the potential downtime or interruption of service of the
computers maintained by the Provider.
B. Consultant agrees it will provide any information necessary to complete
the homepage, including updating of any Universal Resource Locator (URL)
addresses located in the homepage.
C. Consultant agrees to take reasonable steps to register Client's homepage
with Internet search engines, including (names of search engines), and assist in
obtaining links to the homepage from other homepages.
II. Consultation Services. Consultant agrees to act as Consultant and to advise
Client with respect to the development of the service. The parties agree that any written
or oral consultation provided by Consultant is advisory, involving Consultant's judgment
based on education and experience, and that there is no guarantee of any particular
result from consultation.
III. Independent Contractor Status. Client and Consultant agree that Consultant
shall act as an independent contractor. Consultant is not to be deemed an employee of
Client. Client retains the right to exercise final judgment with respect to the ultimate
development of the service and has responsibility for such development, although the
details of the service shall be within the discretion of Consultant.
IV. Materials. Except for services that must be performed on or with Client's
computers or service, Consultant shall provide data and information used in performing
the services described in this Agreement. Client is responsible for supplying any textual
materials to Consultant to be included on the homepage. Text is to be on a (type of
memory device) and in editable format such as ASCII, Word or WordPerfect.
V. Compensation. Consultant shall be paid at the rate of $_______ per hour for all
services rendered during the term of this Agreement. Billing shall be by invoice
prepared by Consultant by the first of each month following the performance of the
duties described in this Agreement. Client agrees to make payment on each invoice,
and payments are due upon receipt. The failure of Client to make payment on any
invoice within (number) days after its receipt by Client shall be cause for Consultant to
terminate this Agreement. Consultant shall receive no royalty or other remuneration on
the production or sale of the service.
VI. Expenses. Client shall reimburse Consultant for expenses that are reasonably
incurred by Consultant in the performance of this Agreement.
VII. Confidentiality. Consultant agrees that all confidential information
communicated to Consultant with respect to the services, including any confidential
information gained by Consultant or its representatives by reason of association or
employment with Client or its associates, is confidential. Client shall make reasonable
efforts to mark as confidential any materials to be protected pursuant to this section.
Consultant agrees that Consultant shall not disclose any confidential information to any
other person unless specifically authorized in writing by Client to do so, except to the
extent disclosure is required by subpoena or an order from a court of competent
jurisdiction. Consultant shall use its best efforts to prevent inadvertent disclosure of any
confidential information to any third party. Client agrees that Consultant may use the
homepage in its promotional materials and brochures, and may but is not required to
include a link to Client's page in Consultant's homepage or in any other page designed
VIII. Ownership of Work Product. Consultant agrees that the homepage or any
literature or illustrations that are conceived, developed, written, or contributed by