Contact Name ______________________________
Phone _______________ FAX ___________
Company/Client _____________________________
Address __________________________________________________
E-mail address _________________________
Present website(s) URL (if any): _______________________________________________
Username ________________ Password ______________________
I wish to provide the best service possible to the client. One way is to make
clear our understandings with each other. These are the terms of our agreement
together:
1. Authorisation.
The above-named client is engaging NZWebPro, located at
116 Moncks Spur Road, Redcliffs, Christchurch as an independent contractor
for the specific project of developing and/or improving a website
to be installed on the client's web space on a web hosting service's computer.
The client hereby authorises NZWebPro to access this account, and authorises
the web hosting service to provide NZWebPro with "write permission"
for the client's webpage directory, cgi-bin directory, and any other directories
or programs which need to be accessed for this project. The client also authorises
NZWebPro to publicise their completed website to Web search engines, as well
as other Web directories and indexes.
2. Standard Website Package.
NZWebPro includes the following elements in
their Standard Website Packages:
• E-mail/phone consultation (Up to 2 hours total general Internet orientation
education, marketing strategy, Web design consultation, and helping clients
learn to use their own webpage editor. Telephone long distance charges are
in addition to package rates quoted. Additional education and consultation
is at our hourly rate.)
• Words of text supplied by the client (200 words per page approximate
maximum if not supplied via diskette. webpages of more than 1,200 words of
text may be subject to additional fees, especially if they require a great
deal of formatting.)
• Links to external pages, up to an average of 2.5 per page.
• Custom Graphics Package. Masthead graphic on first page (simple custom
graphic incorporating company logo). Top-of-page graphic for all other pages
in your website. Colorful lines and bullets, and colored and textured background.
• Photos and other misc. graphic images supplied by client (up to an
average of 1.3 included per page in standard websites and "regular"
online store pages, in addition to masthead and top-of-page graphic. Color
originals larger than 5" x 8" are extra).
• Installation of webpages on the client's web hosting service.
• Minor updates and changes to existing webpages for six months, subject
to the limits outlined below. Additional changes billed at hourly rate. For
online stores, this includes only "regular" pages, not product pages
or the ordering system pages.
• Site publicity to at least a dozen major Web search engines, such
as Yahoo, AltaVista, InfoSeek, WebCrawler, Lycos, HotBot, etc.
• E-mail response link on each webpage to any e-mail address the client
designates.
• Feedback or guest book form (Basic CGI program included. Includes
up to 20 fields. Extra charges may be incurred if the client's web hosting
service does not use a Unix operating system. Not included in the package
price for sites smaller than 6 pages. This is not included in online stores,
since the shopping cart software is a functional equivalent.)
• Image Map for internal navigation (Not included in the package price
for sites smaller than 6 pages.)
3. Standard Website Packages only. (Cross out this section for online stores.)
The content of the webpages will be supplied by the client and executed as
specified by the client in the "Website Planning Worksheet" dated
_______________. This website includes up to ___________ webpages. In case
the client desires additional standard webpages beyond the original number
of pages specified above, the client agrees to pay NZWebPro an additional
$_______ for each additional webpage. Graphics or photos beyond the allowed
average of 1.3 per webpage shall be billed at an additional $____ each. Where
custom graphic work (beyond the scope of the "Custom Graphics Package"
detailed above) is requested, it will be billed at the hourly rate specified
below. The store size and additional services, and prices of each are detailed
on the attached estimate.
4. Online stores only. (Cross out this section for Standard Website Packages.)
The text and graphic content of the webpages will be supplied by the client
and executed as specified by the client in the "webpage Planning Worksheet"
dated _______________. and the Store Planning Worksheet dated _____________.
It is understood that total prices calculated below are likely to vary from
the final amount due to different quantities of products, categories, photos,
regular pages, etc. in the final store. An Estimate from NZWebPro dated ____________
is attached to this document and governs the prices for this contract. Notwithstanding
any prices listed in literature or on webpages, the client and NZWebPro agree
that the services described above in this section shall be completed for $__________________
and upon this amount the first payment shall be determined. The final payment
shall reflect and include all elements actually completed at the prices attached.
We include e-mail/phone consultation of up to 2 hours total general Internet
orientation education, marketing strategy, Web design consultation, and helping
clients learn to use the store software. Telephone long distance charges are
in addition to package rates quoted. Additional education and consultation
is at our hourly rate.)
Product webpages, products, or photos added after the store is ready for advertising
to the Web search engines will be calculated for actual time spent at the
hourly rate specified below.
5. Maintenance and Hourly Rate. This agreement includes minor webpage maintenance
to regular webpages (not store product pages) over a six-month period, including
updating links and making minor changes to a sentence or paragraph. It does
not including removing nearly all the text from a page and replacing it with
new text. If the client or an agent other than NZWebPro attempts updating
the client's pages, time to repair webpages will be assessed at the hourly
rate, and is not included as part of the updating time. The six-month maintenance
period commences upon the date the client signs this contract.
Changes requested by the client beyond those limits will be billed at the
hourly rate of $ _________. This rate shall also govern additional work authorised
beyond the maximums specified above for such services as general Internet
orientation education, marketing consulting, webpage design, editing, modifying
product pages and databases in an online store, and art, photo, graphics services,
and helping clients learn how to use their own webpage editor. CGI programming
charges (if any) are not included in this rate.
6. Changes to Submitted Text. Please send us your final text. Time required
to make substantive changes to client-submitted text after the webpages have
been constructed will be additional, billed at the hourly rate.
7. Web Hosting. 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 NZWebPro 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.
8. Completion Date. NZWebPro and the client must work together to complete
the website in a timely manner. We agree to work expeditiously to complete
the website no later than _________________________.
If the client does not supply NZWebPro complete text and graphics content
all webpages contracted for within six weeks of the date this contract was
signed, the entire amount of the contract becomes due and payable. If the
client has not submitted complete text and graphics content within two months
after signing of this contract, an additional continuation fee of 10% of the
total contract price will also be assessed each month until the website is
advertised.
9. Payment of Fees. Fees to NZWebPro are due and payable on the following
schedule: 50% upon signing this contract, 50% when the webpages have been
constructed according to the client's original written specifications. If
the total amount of this contract is less than $600, the total amount shall
be paid upon signing this contract. In case the client has not secured Web
space on a web hosting service by the time the webpages are completed, the
webpages may be delivered to the client on diskette or attached to an e-mail
message. Advertising the pages to Web search engines and updating occur only
after the final payment is made.
10. Assignment of Project. NZWebPro reserves the right to assign subcontractors
to this project to insure the right fit for the job as well as on-time completion.
11. Legal Stuff. NZWebPro does not warrant that the functions contained in
these webpages or the Internet website will meet the client's requirements
or that the operation of the webpages will be uninterrupted or error-free.
The entire risk as to the quality and performance of the webpages and website
is with client. In no event will NZWebPro be liable to the client or any third
party for any damages, including any lost profits, lost savings or other incidental,
consequential or special damages arising out of the operation of or inability
to operate these webpages or website, even if NZWebPro has been advised of
the possibility of such damages. If any provision of this agreement shall
be unlawful, void, or for any reason unenforceable, then that provision shall
be deemed severable from this agreement and shall not affect the validity
and enforceability of any remaining provisions.
12. Copyrights and Trademarks. The client represents to NZWebPro and unconditionally
guarantees that any elements of text, graphics, photos, designs, trademarks,
or other artwork furnished to NZWebPro for inclusion in webpages are owned
by the client, or that the client has permission from the rightful owner to
use each of these elements, and will hold harmless, protect, and defend NZWebPro
and its subcontractors from any claim or suit arising from the use of such
elements furnished by the client.
13. Laws Affecting Electronic Commerce. From time to time governments enact
laws and levy taxes and tariffs affecting Internet electronic commerce. The
client agrees that the client is solely responsible for complying with such
laws, taxes, and tariffs, and will hold harmless, protect, and defend NZWebPro
and its subcontractors from any claim, suit, penalty, tax, or tariff arising
from the client's exercise of Internet electronic commerce.
14. Copyright to Webpages. Copyright to the finished assembled work of webpages
produced by NZWebPro is owned by NZWebPro. Upon final payment of this contract,
the client is assigned rights to use as a website the design, graphics, and
text contained in the finished assembled website. Rights to photos, graphics,
source code, work-up files, and computer programs are specifically not transferred
to the client, and remain the property of their respective owners. NZWebPro
retains the right to display graphics and other Web design elements as examples
of their work in their respective portfolios.
15. Payment of fees. In order for NZWebPro to remain in business, payments
must be made promptly. Delinquent bills will be assessed a $15 charge if payment
is not received within 10 days of the due date. If an amount remains delinquent
30 days after its due date, an additional 5% penalty will be added for each
month of delinquency. NZWebPro reserves the right to remove webpages from
viewing on the Internet until final payment is made. In case collection proves
necessary, the client agrees to pay all fees incurred by that process. This
agreement becomes effective only when signed by NZWebPro. Please pay on time.
16. Sole Agreement. The agreement contained in this "Website Design Contract"
constitutes the sole agreement between NZWebPro and the client regarding this
website. Any additional work not specified in this contract must be authorised
by a written change order. All prices specified in this contract will be honored
for six (6) months after both parties sign this contract. Continued services
after that time will require a new agreement.
17. Initial Payment and Refund Policy.
The total amount of this contract is $______________
This agreement begins with an initial payment of $_____________. If the client
halts work and applies by registered letter for a refund within 30 days, to
NZWebPro, at 58 Hastings Street West, Sydenham, 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.
The undersigned agrees to the terms of this agreement on behalf of his or
her organisation or business.
On behalf of the client (authorised signature):
_______________________________________ Date ________________
On behalf of NZWebPro (authorised signature)
_______________________________________ Date ________________
