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Sample Web Design Contract

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A sample web design contract for web developers.

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November 23, 2008 (7 months 8 days ago)
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Shared by: Michael Belleca
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T O: FROM: RE: KEANA REEVES, ILOVEESCORTS.COM DESIGNER’S NAME HERE, W EB MULTIMEDIA SPECIALIST ILOVE ESCORTS W EBSITE DEVELOPEMENT * Disclaimer: The Names of person, companies, rates etc. mentioned in this document are just representations of the actual figures and used for presentation purposes only. No legal infringement intended. The document serves as a guide for pricing quotes for web dev with terms and conditions. A. [PROJECT NAME]: I love escorts Website Development B. [PROJECT TYPE]: Full Flash website C. [PROJECT SCOPE]: Full Flash Website which includes standard website features. 1. Home Page 2. About us (Organization) a. Company Profile b. Mission c. Vision d. Partners 3. News 4. Products 5. Contact - Feedback Form D. [ESTIMATED NUMBER OF PAGES]: 10-20 pages E. [DELIVERABLES] 1. Complete Full Flash development of I love escorts online presence using the most up-to-date programming techniques utilizing Flash MX 2004 technology. 2. Custom Graphics and Illustration F. [ESTIMATED PROJECT TIME TABLE:] 3 WEEKS. The estimated project time frame is a visual guide to monitor the progress of the project. Changes to the schedule shall be made depending on the situation with prior notice. Data Gathering (2 days) Website Design Studies (2-3 days) Design Approval and Revision (2 days) Design Implementation (7 days) Testing and Quality Assurance (4 days) Final Revision and Uploading (2 days) Delivery Method: Web/FTP September September September September September September 1-2, 2004 3-5, 2004 6-7, 2004 8-14, 2004 15-18, 2004 19-20, 2004 H. [ESTIMATED PROJECT COST] Design Fee Animation Authoring Scripting/Programming Custom Graphics and Illustration Total Project Cost *OPTIONAL FEATURES a. 10 sec. INTRO b. Flash CMS for News and Gallery $100 $300 = = = = = $ $ $ $ $ 200 200 200 100 700 USD I. [Other Terms and Conditions]:  COMMENCEMENT. The project shall commence once the project requirements has been made available to Designers Name Here, hereinafter referred to as the WEB SPECIALIST by Keana Reeves, hereinafter referred to as THE CLIENT and this Project Agreement has been signed. The Development phase of the project shall only commence once a DESIGN CONCEPT has been approved by the client for development. MATERIALS. Website contents; including photographs, product info, and write-ups will come from the client. In cases where the Images used are licensed or copyrighted, the CLIENT shall purchase the image for legitimate use. DEFINITION OF TERMS. The following definitions shall apply whenever applicable in this agreement. o Design Concept. A design concept is a conceptual art of the look and feel of the website created by THE WEB SPECIALIST with elements completely recreated from scratch and shouldn’t be mistaken from a major revision. Minor revisions. Minor Revision includes navigation name changes, font styles, text changes, simple color changes, alteration of plain background or borders, replacement of new graphic already made available by the client. Major revisions. Major Revision includes changes in major design elements, like the entire color scheme of the site, complex background and complex borders, main character elements and custom graphics that will be created from scratch, changes in the navigational structure, 3D elements and those that will effect the slicing of graphics and overall look and feel of the website and those changes that will affect the structure of the database or other backend programs already integrated on the Final Artwork. Final Artwork (FA). A website is considered a Final Artwork once everything is in placed; this includes all required sections of the website, the navigation and backend/database (if there is any), and uploaded to the designated server or a temporary location for client viewing.   o o o  DESIGN CONCEPTS. A maximum of three (3) design concepts for the website subject for revision shall be presented to THE CLIENT for approval. $100 will be charged for each additional study. REVISIONS. Up to 10 minor revisions shall be allowed once the initial design was approved before going on to the development phase of the project. Once the design is approved and is ready for development phase, it shall be considered final and will be used  for the entire theme of the web site. o In cases where THE CLIENT wants to modify/change the design, and other major changes of the Final Artwork (FA), after the website has been uploaded to the designated/temporary server for client viewing, THE CLIENT shall be charged an additional 20% of the total project cost as indemnity for additional labor and man hours incurred. Minor changes are allowed until client is satisfied once the Final Artwork has been uploaded.  ENHANCEMENTS/ADDENDUM. Additional features requested by the CLIENT to be integrated such as additional section on CMS, additional sections on the frontend, replacement of an entire animated scene, or additional graphics not originally outlined on the Project Brief, shall be considered ENHANCEMENTS OR ADDENDUM to the project. Enhancements/Addendum are exclusive of the original time table of the project and will be billed separately. THIRD PARTIES. The Client shall not allow the services or assistance of a Third Party designer to work with the project without the permission and knowledge of the WEB SPECIALIST undersigned. Additional charges shall be applied accordingly as indemnity. PAYMENT. 50% payment upon signing and once a design studies has been forwarded to the CLIENT. Balance shall follow immediately after the website goes online or within 3 days upon completion of the project or the Final Artwork has been uploaded to the designated server for public viewing. Payment shall be coursed through Western Union Money Transfer or an alternative agreed upon by the WEB SPECIALIST and THE CLIENT. (Transaction charge shall be covered by the CLIENT). RUSH/AGGRAVATION FEE. A 50% addition of the total project cost shall be charged to the client for rush jobs. Rush jobs are determined if a project is at least 1 week ahead of the development deadline or if the CLIENT has expressly agreed for the project to be finished ahead of the scheduled deadline. NONE CONFORMANCE OF PAYMENT. The website will be shut down within 72 hours if the CLIENT has expressed none conformance of payment within 5 days after the billing statement has been received. INTEREST. A 10% interest of the total project cost shall be charged to the client for every weekly delay in payment of the project, once the Final Artwork (FA) is completed and uploaded to the designated server for public viewing. CONFIDENTIALITY. The WEB SPECIALIST shall hold in confidence all materials submitted by the CLIENT. Furthermore, The WEB SPECIALIST agrees to sign a nondisclosure agreement if the Client so requires. CANCELLATION/REJECTION OF PROJECT. The client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the client observes any nonconformance with the design plan, the designer must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the possible billing for all additional labor or expenses to date. All elements of the project must then be returned to the WEB SPECIALIST. Any usage by the client of those design elements will result in appropriate legal action. Client shall bear all costs, expenses, and reasonable attorney's fees in any action brought to recover payment under this contract or in which the WEB SPECIALIST may become a party by reason of this contract. RIGHTS. All properties of originals (Source Files) created by the WEB SPECIALIST, which includes but not limited to Photoshop Layered PSDs, Flash FLA’s, Illustrator AI’s and 3D source files shall remain the property of the WEB SPECIALIST unless otherwise purchased by THE CLIENT at a rate of 20% of the total project cost in which         case the client shall have unlimited license allowing client to modify the source however the client sees fit for their business and business use only. All files other than the source or originals which is defined in the previous statement shall be the property of the CLIENT. These include HTMLS, PHP, Database, Flattened JPEG images, SWFs, GIFs etc. Furthermore, All files used in the development of the website, including all source or originals, shall remain the property of the WEB SPECIALIST until duly paid by the CLIENT upon completion of the project as specified in the Project Time Schedule.  REPRODUCTION OF WORK: o THE CLIENT accepts no right to give away or resell any portion of the code created by the WEB SPECIALIST. The designer retains personal rights to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the designer's business. Where applicable the client will be given any necessary credit for usage of the project elements. o  LIMITATION OF LIABILITY. Should there be legal dispute from the execution of this Agreement, The WEB SPECIALIST’ liability shall be limited to the amount it has received from THE CLIENT as payment for its services. COMPLETION/DELIVERY OF PROJECT. The estimated completion date the project is ______________. Any shipping or insurance costs will be assumed by THE CLIENT. Any alteration or deviation from the above specifications involving extra costs will be executed with notice to THE CLIENT. Any delay in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the designer, shall entitle the WEB SPECIALIST to extend the completion/delivery date, upon notifying the client, by the time equivalent to the period of such delay. ACCEPTANCE OF AGREEMENT: The above prices, specifications and conditions are hereby accepted. The designer is authorized to execute the project as outlined in this agreement. Payment will be made as proposed above.   Prepared by: Conforme: Juan De La Cruz Web/Multimedia Specialist www.mywebsite.com Keana Reeves CEO www.iloveescorts.com

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