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Webpage Design Contract

This AGREEMENT is dated and in effect as of the (date)_____________, (year)_____, between (client name)

_________________ of (Company name)________________________, hereafter referred to as "Client" and EagleSuccess, hereafter referred to as "Consultant".  This agreement is with respect to the re-design / creation of (Company Name’s) website, hereinafter referred to as the "Work."   Whereas, Consultant is a professional web designer of good standing; Whereas, Client wishes Consultant to create certain Work described more fully herein; and Whereas, Consultant wishes to create such Work; Now, therefore, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows:

DOMAIN NAME & WEB HOSTING

Consultants will expect that the client has his domain name secured already, if not, they may help the client to find one and it may require a fee that is different from the service they are about to offer.

The client understands that any web hosting services require a separate contract with a web hosting service. The client agrees to select a web hosting service which allows EagleSuccess Webpage Design Services full access to the website and a cgi-bin directory via FTP and telnet. The client further understands that if the web hosting service’s operating system is not a Unix system, standard CGI software may not work, and providing a substitute may incur additional charges.

CONFIDENTIALITY:

The Client and Consultant may disclose confidential information one to the other to facilitate work under this Agreement.  Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party.  Confidential information shall not include information that:  

1. is already known to the party to which it is disclosed; 
2. is or becomes part of the public domain without breach of this Agreement;
3. is obtained from third parties, which have no obligations to keep confidential to the parties to this Agreement.
    

DESCRIPTION OF WORK:

A separate Proposal will describe the Work that is required of Consultant for the Client.

PAYMENT SCHEDULE:

The full length of this contract is as follows:

Starting date is ____ day of ______, ______ and estimated completion* date is ____ day of ______, ______

for the total amount of $__________. Client shall pay Consultant  (50%) $ ___________, as a deposit for project commencement.

The balance of $__________ is due on completion date, and prior to file relinquishment, or upload and/or assembly of website on Client’s web server.

DUE DATES:

Consultant agrees to deliver samples of design on dates as agreed upon in the Proposal.  Consultant will make every effort to meet agreed upon due dates. The Client should be aware that failure to submit required information or materials may cause subsequent delays in the production. Client delays could result in significant delays in delivery of finished work.

FEES & ADDITIONAL SERVICES:

Changes in client input or direction or excessive changes will be charged at $45.00 an hour or at the Consultants discretion. If you need content written for your web pages, then there will be an additional fee for those services. Any work the Client wishes Consultant to create, which is not specified in the DESCRIPTION section of this agreement, or in the attached Proposal will be considered an additional service. Such Work shall require a separate Agreement and payment separate from and above that specified in this Agreement.

REFUND POLICY:

If the client halts work and applies in writing for a refund within 30 days, work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above.
No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.

EXPENSES:

Client agrees to reimburse Consultant for any of the following expenses necessary in completion of the Work: (e.g. Fonts, Messengers, Proofs, Props, Research, Shipping, Software, Stock photography, Travel, Telephone Consultation)

ASSIGNMENT OF WORK:

Consultant reserves the right to assign other designers or subcontractors to the Work to ensure quality and on-time completion.

RESERVATION OF RIGHTS:

All rights not expressly granted hereunder are reserved to Consultant, including but not limited to all rights in sketches, comps, or other preliminary materials.

PERMISSIONS AND RELEASES:

The Client agrees to indemnify and hold harmless Consultant against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.

PUBLICATION:

The Client may publish or disclose information regarding the Work and shall acknowledge the support of Consultant in all such publications. The Client will not use the name of Consultant, in any advertising or publicity without the prior written approval from the Consultant.  The Consultant will not use the name of Client, in any advertising or publicity without the prior written approval from the Client.

COPYRIGHT NOTICE:

Copyright is in Consultant’s name.  Upon completion of Work, the copyright will only be released to the Client upon the Consultant’s signing of the Release of Copyright.

TERMINATION:

Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that Work is postponed or terminated at the request of the Client, Consultant shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client’s written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Consultant and the Consultant shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.

The Client and Consultant are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party.  Neither the Client nor Consultant has any authority to assume or create any obligation or liability, either expresses or implied, on behalf of the other.

This Agreement shall be governed by and construed in accordance with the laws of the Companies Act, 1992, of The Bahamas applicable therein.

The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.

On behalf of the Client:   _________________________________ Date _____________

On behalf of Consultant:   __________________________________ Date ____________

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