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If the Client already has a domain name, the Developer will coordinate redirecting the address to the new host.
Should the Client desire a specific domain name, which is already owned by another party, negotiations for said domain
name must be undertaken by the Client.
Text. Copy for web site must be supplied by the Client in a .doc format via disk or email attachment. Otherwise,
if not supplied on disk or via email, there will be an additional charge for typesetting.
Links. This agreement contemplates up to an average of 12 external or relative links per page
This agreement also contemplates making any link the Client desires "pop up" in a new window if requested at the specific dimensions and
configuration specified by the Author.
Photos. Photos and other misc. graphic images must be supplied by Client.
Installation. Finished site will be uploaded to Client's hosting company.
Cross Browser Compatibility. Our agreement contemplates the creation of a web site viewable by Chrome, Firefox, Internet Explorer, Opera, and Safari.
Compatibility is defined herein as all critical elements of each page being viewable in most browsers. Client is aware that some advanced techniques
on the Internet, however, may require a more recent browser version and brand or plug-in. Client is also aware that as new browser versions of
Chrome, Firefox, Internet Explorer, Opera, and Safari are developed, the new browser versions may not be compatible.
In the absence of a Maintenance Agreement time spent to redesign a site for compatibility due to the introduction of a new browser version will
be separately negotiated and in addition to the base price of our agreement.
The content of the web pages will be supplied by the Client and executed as specified by the Client in the "Web Site Planning Worksheet"
dated . This web site includes up to web pages.
In case the Client desires additional standard web pages beyond
the original number of pages specified above, the Client agrees to pay Developer an additional US$ for each additional web page.
Graphics or photos beyond the allowed average of 1.3 per web page shall be billed at an additional US$ 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.
The text and graphic content of the web pages will be supplied by the Client and executed as specified by the Client in the
"Web Page Planning Worksheet" and /or the Store Planning Worksheet. It is understood that total prices calculated are likely to vary
from the final amount due to different quantities of products, categories, photos, regular pages, etc. in the final store.
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 web pages, 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.
Client agrees to reimburse the Developer for any critical Client requested expenses necessary for the completion of the project.
Examples would be:
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Purchase of specific fonts at the Client's request,
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Purchase of specific photography at the Client's request.
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Purchase of specific software at the Client's request.
Developer prides itself in providing excellent customer service. That is the spirit of our agreement and the spirit of the
Developer's business. To that end, we encourage input from the Client during the design process.
The Developer understands, however, that Clients may request significant design changes to pages that have already built to the
Client's specification. To that end, please note that our agreement does not include a provision for significant page modification or
creation of additional pages in excess of our agreed page maximum [Appendix 3]. If significant page modification is requested after
a page has been built to the Author's specification, we must count it as an additional page.
Some examples of significant page modification at the request of the Client include:
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Developing a new table or layer structure to accommodate a substantial redesign at the Client's request.
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Recreating or significantly modifying the company logo graphic at the Client's request.
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Replacing more than 75% of the text to any given page at the Client's request.
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Creating a new navigation structure or changing the link graphics at the Author's request.
Significantly reconfiguring the Client's shopping cart with new product, shipping or discount calculation if an e-commerce enabled site
has been selected by the Client.
Clients who anticipate frequently changing the look of their site during the design process and Clients who desire to be intricately
involved design of each page are encouraged to negotiate an agreement which exceeds the page maximum. If significant page modification
is requested by the Client after the page maximum has been reached a Change Request with estimated costs will be submitted for Client
approval prior to changes being done.
Moderate changes, however, will always be covered during our development of the site and also covered by our one month of free maintenance.
Some Clients will desire to independently edit or update their web pages after completion of the site.
Note however, Developer is not responsible for any damage created by the Client or agent of the Client. Any repairs required will
be assessed at an hourly rate of US$ [1 hour minimum charge].
The Client agrees to select a web hosting service that allows MOSI GROUP ENTERPRISES llc full access to the web site 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.
Developer to submit a First Mockup Draft of web site no later than twenty (3) days after Developer receives signed agreement,
along with down payment and initial direction from the Client. Client to provide Developer with all the data needed to complete
web site, including text, company logo, and photos. Upon completion of this stage, the Client will be asked to confirm
acceptance for the basic site design via e-mail or by signing a printed copy of the design and faxing to Developer.
Once this acceptance is received from the Client, the work necessary to complete the project will continue.
Upon completion of the web site, an e-mail or letter and invoice will be sent to the Client advising the Client that the work has been
completed. Client will supply written approval by printing, initialing and faxing back each page in web site. After contract has been
paid in full, site will then be uploaded to ClientÕs hosting company.
This agreement includes minor web page maintenance to regular web pages (not store product pages) over a one-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 Developer attempts updating the ClientÕs
pages, time to repair web pages will be assessed at the hourly rate, and is not included as part of the updating time.
The one-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. This rate shall also apply toward additional
work authorized beyond the maximums specified above for such services as: general Internet orientation education, marketing consulting,
web page 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 web page editor. CGI programming charges (if any) are not included in this rate.
Terms for Maintenance Contracts will be listed using one of two methods.
The Monthly "Flat Rate Maintenance Contract, payable each month, allowing up to 2 hours of changes per month,
including new pages and store product changes.
The "Flat Rate" Agreement is payable each month, whether the time is used or not. Changes requested, which go beyond
the 2 hour limit, are chargeable at the rate disclosed in Agreement.
The "As Needed" Maintenance Contract is a monthly chargeable agreement, higher than the "Flat Rate", but offering cost savings on
sites with little to no changes. Charges incur when Client requests a change - 1 hour minimum charge.
The Client represents to Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks,
or other artwork furnished to Developer for inclusion in web pages 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 Developer and its subcontractors from
any claim or suit arising from the use of such elements furnished by the Client.
Authorized representative of the Client certifies that he or she is at least 18 years of age and legally capable of entering
a contract on behalf of the Client.
Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use
of the Web Hosting Service, the Host Server or the Developer. Abusive and unethical materials and uses include, but are not
limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming,
advocacy of an illegal activity, and any infringement of privacy..
Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client's publication of material or
use of those materials.
It is also understood that the Developer will not publish information over the Internet which may be used by another party to harm another.
The Developer will also not develop a pornography or warez web site for the Client. The Developer reserves the right to determine what
is and is not pornography.
Developer does not warrant the functions of the site will meet ClientÕs expectations of site traffic or resulting business or that the
operation of the web pages will be uninterrupted and / or error-free. Developer is not be held responsible for occasional downtime of
email or web site due to line interruptions and/or other instances beyond Developers control.
Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's fees associated with the Developer's development of the Client's
web site. This includes Liabilities asserted against the Developer, it's subcontractors, it's agents, its 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 the Client, its agents, employee or assigns.
Client also agrees to defend, indemnify and hold harmless the Developer against Liabilities arising out of any injury to person or
property caused by any products or services sold or otherwise distributed over the Client's web site. This includes infringing on
the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is
detrimental to another person, organization, or business.
Developer shall transfer, assign and make available to Client all property and materials in Developer's possession or subject
to Developer's control that are the property of Client, subject to payment in full of amounts due pursuant to this Agreement
Developer also agrees to provide reasonable cooperation in arranging for the transfer or approval of third party's interest in all
contracts, agreements and other arrangements with advertising media, suppliers, talent and others not then utilized, and all rights
and claims thereto and therein, following appropriate release from the obligations therein.
In the event the Client terminates this contract by registered letter within 30 days, 50% of down payment will be refunded.
Work completed shall be billed at the hourly rate stated in Appendix 7, and deducted from 50% of the down 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.
No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.
Refund request must be submitted by registered letter to MOSI GROUP ENTERPRISESLLC, 4421 BUCKEYSTOWN PIKE, FREDERICK, MD 21704
In the event of any default of any material obligation by or owed by a party pursuant to this Agreement, then the other
party may provide written notice of such default and if such default is not cured within ten (10) days of the written notice,
then the non-defaulting party may terminate this Agreement.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the
appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services.
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 Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the ClientÕs exercise
of Internet electronic commerce.
Copyright to the finished assembled work of web pages and graphics produced by the Developer shall be vested with the Client
upon final payment for the project. This ownership is to include, design, photos, graphics, source code, work-up files, text,
and any program(s) specifically designed or purchased on behalf of the Client for completion of this project.
Rights to photos, graphics, computer programs are specifically not transferred to the Client, and remain the property of their
respective owners. Developer and its subcontractors retain the right to display all designs as examples of their work in their
respective portfolios.
Any disputes arising form this contract will be litigated or arbitrated in FREDERICK COUNTY,FREDERICK, MD. This agreement shall
be governed and construed in accordance with the laws of the State of MARYLAND, USA.
Undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business.
This Agreement constitutes the entire understanding of both parties. Any changes or modification thereto must be in writing and signed
by both parties.
A minimum deposit of fifty percent (50%) is required to commence work.
Fees to Developer are due and payable on the following schedule: 50% upon signing of contract, 25% after first stage of site is
completed and approved and the balance upon page completion, but prior to delivery / uploading. If the total amount of this contract
is less than $400, the total amount shall be paid upon signing of contract and any additional costs incurred during development will
be invoiced at the completion of the web site.
Developer reserves the right to remove web pages from viewing on the Internet until final payment is made. If a payment delay is
anticipated, please contact the Developer immediately for an alternative arrangement. In case collection proves necessary, the
Client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by Developer.
Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this contract was entered into
in FREDERICK COUNTY,FREDERICK, MD, and any dispute will be litigated or arbitrated in FREDERICK COUNTY,FREDERICK, MD
The agreement contained in this "Web Site Design Contract" constitutes the sole agreement between Developer and the Client
regarding this web site. Any additional work not specified in this contract, must be authorized by a written change order.
All prices specified will be honored for 30 days after both parties sign this contract. Continued services after that time
will require a new agreement.
This agreement constitutes the entire understanding of the Developer and Client. This agreement terminates and supersedes all prior
understanding or agreements on the subject matter hereof. Any changes or modification thereto must be in writing and signed by both
parties (electronic signature)
The total amount of this contract is US$
This agreement begins with an initial down payment of US$
The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.
On behalf of the Client (authorized signature):
Date
On behalf of Developer (authorized signature)
Date
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