Any and all design clients must read and sign and contract and pay a deposit (Usually $1,200 or 50%). This contract is meant to make sure all parties are in agreement of the terms and conditions and to protect all parties from fraud or misuse of any disclosed information.
For your convenience we have list the basic Terms and Conditions of this contract below. Reading these terms are not an agreement of work or trade, all terms shall be discussed, negotiated and agreed upon with a signature for each and every client.
YOUR BUSINESS NAME. its owners and management (hereinafter referred to as CLIENT) is engaging N.A.I. MULTIMEDIA (herein after referred to as NAI) as an independent contractor for the specific project of developing a new Website (with or without) extensive Search Engine Optimization, to be installed on CLIENTS hosting service’s computer. (Or NAI Provided Hosting Account) The client hereby authorizes NAI to access this account, and authorizes the Web hosting service to provide NAI with “write permission” for CLIENT’S Web page directory, cgi-bin directory, databases and any other directories or programs which need to be accessed for this project. It is the sole responsibility of the client to advertise and promote the completed Website to maintain regular Web traffic.
CLIENT and NAI each agree that it shall defend, indemnify, save and hold the other harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, (“Liabilities”) asserted against CLIENT or NAI, and their respective agents, clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by CLIENT, and its respective agents, employee or assigns. CLIENT and NAI each agree to defend, indemnify and hold harmless each other against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with service’s, any material supplied by CLIENT or NAI infringing on the proprietary rights of a third party, copyright infringement, and any defective product which CLIENT has sold or otherwise made available via its Web presence.
3. Laws Affecting Electronic Commerce.
CLIENT agrees that CLIENT is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend NAI and its subcontractors from any claim, suit, penalty, tax, or tariff arising from CLIENT’S use of Internet electronic commerce.
4. Limited Liability.
CLIENT hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy, copyright or libel. CLIENT hereby agrees to indemnify and hold harmless NAI from any claim resulting from CLIENT’S publication of material or use of those materials. CLIENT hereby agrees to indemnify and hold harmless NAI in any claim resulting from the submission of illegal materials.
Under no circumstances, including negligence, shall NAI, its offices, agents or anyone else involved in creating, producing or distributing its services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use NAI ‘s services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to NAI’s records, programs or services. NAI will provide a CD backup of finished Website upon request, henceforth; Client maintains sole responsibility for data backups and restoration. CLIENT hereby acknowledges that this paragraph shall apply to all content on NAI’s services.
5. Custom Website Package
The Custom Website development as defined through NAI is as follows:
- E-mail/phone consultation. (Initial planning/development consultation is free)
- Up to 1hour total general Internet orientation, education, marketing strategy, and Web design consultation.
- Unlimited low resolution pre-build design mock ups of several design ideas until CLIENT finds and approves a layout to be used as the main website design.
- Web pages: to be determined and chosen by CLIENT.
- Content. Final text shall be supplied by the CLIENT. It is the sole responsibility of CLIENT to provide any and all content to NAI in a timely manner for site updates. This includes photographs, news, updates, etc via email or telephone. Although NAI will assist in gathering initial content, the responsibility is solely that of the CLIENT.
- Search Engine Optimization for site and all content.
- Content Management based administrative back end, including initial tutoring of all processes including creating pages, creating posts, traffic metrics, etc.
6. Delivery Timeline.
Because graphic design is not a solid product but a creative path to be taken by the designer and client alike, there is no real timeline as to when the product is completed. it varies greatly per jobs. For clients that take an active role in the process, return emails and approvals and submit requested content in a timely fashion, a full website can sometimes take as little as 3 to 4 weeks to be completed. When waiting for approvals and content, 8 weeks can be the norm. Sometimes, 3 months can be expected if there is little to no feedback and assistance from the client, if this is the case, I will usually research and write the content myself which is billed at an additional $40 an hour.
Upon agreement of a contract, a deposit of 50% is due before any additional design can be done. NAI charges a per hour fee of $40.00.
Client also agrees to pay any additional fees such as 3rd party scripts, additional site coding by additional programmers or clip art/photos where fair use royalties are paid. These charges will always be listed on your NAI invoice.
Our general contract agreement includes no maintenance contract. Client agrees to pay the standard rate of $40 per hour for additional site layout and updating upon completion of contractual project. We are always available to help you and do not require you sign an additional contract. if you need additional help, just call on us and we are there for you.
9. Inspection and Testing:
CLIENT agrees and acknowledges that CLIENT will thoroughly inspect and test the Website, Web pages, or code for all purposes during ‘pre-release’ testing. Any legal action, claim, or any arbitration relating in any way to this agreement or software covered by it must be officially filed no later than 90 days after release of the Website. NAI will put every reasonable effort to meet the Clients expectations during the pre-release and after the release of the Website.
10. Ownership of Web Pages and Graphics
Copyright to the finished Web pages produced by NAI shall be vested with CLIENT upon final payment for the project. Please note that graphics, text and/or code elements that were specifically designed for CLIENT will only belong to CLIENT. CLIENT further acknowledges that any library functions or code, royalty free images or graphics, page templates, or third party software and material are not owned by the Client.
11. Design Credit
CLIENT agrees that the Website created for CLIENT by NAI may be included in the NAI’s portfolio. NAI will place a small textual credit/link at the bottom of the web pages as well as a return portfolio link on NAI’s website to help promote Search Engine Optimization.
NAI, Its employees and subcontractors agree that, except as directed by the Client, will not at any time during or after the term of this Agreement disclose any confidential Information to any person whatsoever. Likewise, CLIENT agrees that it will not convey any confidential information obtained about NAI to another party, unless it is required by a court of law. Confidential Information includes all log in names, passwords, online banking and financial information and any proprietary business information.
Cancellation of the project at the request of CLIENT must be made in writing. In the event that work is postponed or canceled at the request of CLIENT, NAI shall have the right to retain all charges up to the point of cancellation as specified in paragraph 6. All service charges are non-refundable. Site files may be transferred at the request of CLIENT to another ISP if included in a written request.