EagleSuccess Webpage Design and
Services
Subsidiary of SelTrading Co.,
Ltd.
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:
-
is already known to the
party to which it is
disclosed;
-
is or becomes part of the
public domain without breach
of this Agreement;
-
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
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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