This document and associated Terms & Conditions has been superceded, effective 12/01/2006

PROPOSAL

The following proposal is prepared for __________________________________ (hereinafter referred to as the Client) by Website Decor (hereinafter referred to as the Designer).

Services

Charges

Website Design (_____ core pages consistent format)

.

Website Design (_____ core pages differing format)

.

Domain administration (email, setup, 2 submissions to search engines)

.

Hosting (six months expiring _____________)

.

Domain Registration

.

Animated Banner (type:_________________)

.

Logo Design

.

Navigational Scripting (i.e. mouseovers)

.

.

.

.

.

Total Charges

.

Site development recap

  • Total Core Pages = ____ (sized at 800 pixels width and 3,500 pixels height maximum)
  • Domain administration
  • 2 submissions to search engines (one during development and one five months after completion)
  • Total cost of site development = __________
  • Six months hosting expiring on _________________ = __________
  • Domain name registration = ____________
  • Total Proposal = _______________

Additional Items and Applicable Costs if Added to the Website
(indicate acceptance of these items by signing initials beside each desired item)

  1. Enlargement of client provided photographs (where appropriate) when clicked = no additional charge.
  2. Scripting for mouse over effect on navigational items = $200 total cost for consistent format pages and $200 per page for differing format pages.
  3. Custom animated textual graphic/banner under 16 frames = $75 each.
  4. Additional pages--consistent format = $75 each up to ten total and $60 each after the tenth page.
  5. Additional pages--differing format = $200 each.
  6. Website Hosting Service Plan with Concentric (if chosen includes $50 setup fee for host)
    ________ CH-1 (10 email accounts, 40MB space, 3 GB data transfer) $25/month
    ________ CH-2 (20 email accounts, 60MB space, 4 GB data transfer) $50/month
    ________ CH-3 through CH-5 (30, 75, or 100 email accounts; 100, 150, or 300MB space; 6, 8, 10 GB data transfer) beginning at $100/month
    ________ Decline Concentric--Client already has hosting relationship with ____________

Additional Guarantees Subsequent to Completion of the Website and Submission of Final Invoice for Phase Covered by this Proposal

  1. Additional email accounts setup within the next 10 days at no additional charge
    ($25 per occurrence thereafter)
  2. Wording changes to any page within the next 30 days at no additional charge
    (completed usually within 24 hours of request)
  3. Graphical changes to navigation or any page within the next 30 days at $25 per
    change (completed usually within 48 hours of request), except for scripted navigation.
  4. Graphical changes to scripted navigation at $50 per request.
  5. Additional pages of consistent format added within the next 30 days at $60 per page
    (completed usually within 48 hours of request). Differing format at $200 per page.
  6. After 30 days, new pages can be added at $200 for the first page and
    $60 for each additional consistent format page if requested at the same time.
  7. Administrative assistance for next 30 days at no additional charge (i.e. assistance
    with email clients on office machines, consultation with computer/LAN administrator, etc.)

Other Notes

Design of logo or other graphics, database design and associated query scripting, online retailing (if not included above), and complex graphic/textual animation requires additional proposal based on detailed, Client specifications.

Hosting invoices will be sent every six months for $150 and payable on or before
_____ and _____ of each year for the next six month period.

Referral fee of $50 will be paid to you for any account you refer at 15 pages or less
and $100 for any account you refer at more than 15 pages at time of initial design.


Standard Terms & Conditions

Document WD-TC01
Revision Date 2/7/2000

1. Definitions
1.1 Website and Web page

The Website is defined as all electronic media installed under the Client Domain and includes the organization of such media, all web pages, scripts, and other common media. A Web Page is a finished product, measured in pixels, which may or may not include other electronic media as a part of its appearance. The inclusion of navigational media as well as common media (such as footers, headers, and scripts) are separate media which may or may not incur additional costs to the Client as identified in the Proposal. The size of a web page including all additional media will not exceed 800 pixels in width by 3,500 pixels in height without additional pricing at the rate of $100 per hour with a minimum 1 hour charge for each affected Web Page.
1.2 Consistent vs. Differing Format
A consistent format is one where a series of Web Pages apply the same organization appearance and navigation function. A differing format is one where a series of Web Pages apply a different organization appearance and/or navigation function including color modifications to common media. Differing formats may or may not require separate scripting and different graphical design of image objects.
1.3 Service, Title, and Copyright
The Service provided by the Designer to the Client includes all actions necessary to create and install a Website, Web Pages, and additional media for the proper function of the Client domain. Title to the Service passes to the Client when the charges for the Service have been paid in full. A copyright to all Client provided logos, images, multimedia, and text remains the property of the Client and the Client agrees to indemnify the Designer against any claims of copyright infringement by third parties. A copyright to the design and layout of the Website and Web Pages and all associated media and organization remains the property of the Designer and does not pass to the Client with Title to the Service provided. Said copyright is licensed to the Client for use as functional elements of the Website. No copies of said elements thus copyrighted by the Designer may be redistributed without the express, written consent of the Designer.
1.4 Proposal and Contract
This Proposal as submitted to the Client identifies the understanding of the Website content to be created. A Contract exists when the Client returns the Proposal to the Designer with a proper signatory and for consideration of $500.00 or half of the cost identified in the Proposal, which ever is less, in United States currency paid in Cash or by Check.
1.5 Website Hosting Service
The Client may use any hosting service with which it is affiliated or may accept the recommendation of the Designer for a hosting service. In either circumstance, the Client assumes and agrees to the following terms and conditions in addition to the terms and conditions of the selected hosting service.
1.5a Master administrator access to the domain located at the selected hosting service will be guaranteed for the Designer in order to configure, install, and update the Website, Web Pages, and other electronic media used to make the domain functional and to perform other maintenance to the Website as needed. The Client will not access the domain located at the selected hosting service for any purpose other than retrieval of web pages through a browser or of email through an email program unless otherwise identified in the Proposal.
1.5b The Client is liable for payment of hosting fees, and can make these payments through the Designer as a courtesy if included in the Proposal. The Client recognizes that the Designer is not an agent of the hosting service selected and indemnifies the Designer for any acts, whether by commission or omission, by the hosting service selected.
1.5c The Client agrees to be bound by the terms and conditions of the hosting service selected. The Designer, at its discretion, may elect to assist the Client in resolving any matters of dispute with the selected hosting service, but does not, by doing so, in any way acknowledge or accept responsibility or liability for the relationship with the selected hosting service. The Designer agrees to appear in court on behalf of the Client should any dispute with the selected hosting service result in litigation. In such circumstances, the Designer is entitled to compensation for time in appearance in court, or in any legal proceeding for deposition or affidavit. The rate of compensation will be $100.00 per hour payable in United States currency as Cash or by Check.
1.5d The Designer will create electronic mail accounts as directed by the Client according to the pricing of the Proposal. The Client acknowledges that direction of electronic mail is the responsibility of the selected hosting service and agrees to indemnify the Designer for any misdirection or loss of such electronic data.
1.6 Domain Registration and Ownership of Domain Name
The Client will be responsible to pay all fees associated with domain name registration and can pay such fees through the Designer as a courtesy in United States currency in the form of Cash or Check. The Client will indemnify the Designer for any domain name or trademark disputes arising from the assigned domain name. The Designer is in no way an agent for the Client in such matters. Likewise, the Designer is in no way an agent for the registrant of the domain name and the Client agrees to the terms and conditions of the registrant and indemnifies the Designer in regard to any circumstances of liability arising from registration of the domain name. Ownership and any future defense of the domain name assigned will be the property and responsibility of the Client.

2. Contract
2.1 A Contract exists when the above noted conditions of the Proposal are met. At that time, the Designer will, in good faith, perform the work agreed with the Client according to the Proposal and is entitled to progress billings of $500.00 or one-third of the total Proposal, whichever is less, as segments of the website are completed. These segments are defined as one-third of the total number of Web Pages identified in the Proposal.
2.2 The Client agrees to the placement of a hyper-link to the Designer at the foot of each page identifying the designer of the website.
2.3 The Client agrees to allow the Designer use of the Client's logo and link on a page within the Designer's website as a means of providing prospective clients with samples of work performed by the Designer.
2.4 Rework charges will apply for all modifications to the Website created under the Proposal. Such rework will be identified by the Designer in a revised Proposal before such rework is begun. The revised Proposal is to be accepted by the Client with revised pricing indicating a minimum $75 charge for each affected page with consistent formatting or $200 charge for each affected page with differing formatting before such rework is to begin.
2.5 Payment is due for all invoices upon receipt.

3. Remedies
3.1 The Client agrees that any irreconcilable disagreement arising between the Client and the Designer will be addressed by arbitration and the Client hereby waives any litigation in a court of law.
3.2 The Client agrees to pay the Designer according to the services performed in the Proposal, and in agreement with the above stated terms. Failure to pay will result in interest accruing at 1.5 percent per month, or the maximum allowed by the laws of the state of the Client's legal address, whichever is greater. The Client agrees to pay these charges, and any necessary and reasonable attorney fees associated with the collection of these funds.

4. Limit of Liability
4.1 The Designer will not be liable for any failure of the hosting service selected.
4.2 The Designer will not be liable for any failure of the Client to promptly respond to customer inquiries on the Client's Website.
4.3 The Designer will not be liable for any lost data or electronic mail originating from the Client Website.
4.4 The Designer in any circumstance regarding Website functionality and operation will only be liable to the amount of the Proposal and will have the option of specific performance to correct any errors or disfunction of the Website.
4.5 The Client is responsible for all representations made on the Website and agrees to indemnify the Designer regarding misstatements of fact regarding any charges of misrepresentation by third parties.
4.6 Neither the Client nor the Designer will be responsible for damages resulting from acts of God or acts of war, whether declared or undeclared.

4.7 The Client agrees to indemnify the Designer from damages resulting from activities of "hackers" provided reasonable security procedures have been instituted for sensitive information.

5. Severability
Each provision of these terms and conditions are severable and the denial of any provision by legal jurisdiction does not invalidate any other provision of this agreement.




Agreed this _______ day of _______________, 2000


Client_________________________________

Title__________________________________

 

Designer __________________________________

Title__________________________________