Final text will be supplied by the Client. All content text shall be provided by the Client’s point of contact in Microsoft Word.doc or .RTF format. Submission can be made as:
an email attachment; or
a 1.44 MB floppy diskette; or
a 100 MB zip diskette.
a Cd / DVD Rom
1500 words or less per page approximate a standard web page. Web pages of more than 1,500 words of text may be subject to additional fees for increased formatting time.
If the client does not supply the Developer with complete text and graphics content for all web pages contracted within two weeks of the date this contract was signed, the entire project may be put on hold or rescheduled untill further notice from the Developer.
2. Cross Browser Compatibility
Our agreement contemplates the creation of a web site viewable by both Netscape Navigator 4.0 and Microsoft Internet Explorer 4.0. Compatibility is defined herein as all critical elements of each page being viewable in both 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 Internet Explorer and Netscape are developed, the new browser versions may not be backward 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.
3. Graphic Creation
It is anticipated that the Developer will receive from the Client all the graphic elements necessary to complete the Client’s website. This includes any ancillary images, animated graphics and banner advertisements. This also includes photography or scanning services as listed below. This contract does not contemplate, however, the creation of banner advertisements and animated images.
This agreement contemplates scanning up to 5 images for the Client. If more than 5 images need to be scanned, the charge for each image will be $5.00 after the 5-image allowance has been reached.
Photography when necessary can be organised by the client or the Developer on behalf of the Client. If the latter is true the rate at which the Developer will charge the client will depend upon the nature of the work involved and will be quoted separately from the web site project.
6. Client Amends
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 been 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. If significant page modification is requested after a page has been built to the Client's specification, we must count it as an additional page and charge accordingly.
Some examples of significant page modification at the request of the Client include but not limited to:
Developing a new structure to accommodate a substantial redesign at the Client's request.
Recreating or significantly modifying the company logo graphic at the Client's request.
Creating a new navigation structure or changing the link graphics at the Client's request.
Creating and installing additional graphics and images at the Client's request.
Clients who anticipate frequently changing the look of their site during the design process and Clients who desire to be intricately involved in the design of each page are encouraged to negotiate an agreement which exceeds the allowable consultation time for the project.
If significant page modification is requested by the Client after the page maximum has been reached the charge will be $27.50 for every 15 minutes that the developer spends on the modification of each page. Moderate changes, however, will always be covered during our development of the site.
7. Maintenance Arangements
Maintenance Agreements are negotiated on a Client by Client basis as each Client will have differing needs. The Developer offers a maintenance agreement in which the client pays on an ‘as needed’ hourly basis. The rates will vary depending on the nature of the work involved.
8. Third Party or Client Page Modification
Some Clients will desire to independently edit or update their web pages manually (without the aid of a Content Management System) after completion of the site as a way to control costs and avoid the expense of a Maintenance Agreement. This is always an option for Clients of the Developer.
Note however, that if the Client or an agent of the Client other than the Developer attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at a rate of $22.00 per 15 minutes. In this regard, Clients are encouraged to obtain a Maintenance Agreement.
9. Payment Terms / Work Flow
A minimum deposit of 50% of the total amount is required to commence work.
Once the first deposit is received by the Developer, work will commence to establish a basic site design & concept and will be emailed to the Client for viewing and approval. Alternatively, Developer may show Client the designs in person via lap top computer.
Communication between the Developer and the Client is crucial during this phase to ensure that the ultimate publication will match the Client's taste and needs.
Upon completion of this stage, the Client will be asked to confirm acceptance for the basic site design and structure by signing a printed copy of the design template and site map and faxing or mailing it to the developer. Once this acceptance is received from the Client, the work necessary to complete the project will begin.
Upon completion of the web site, an e-mail or letter invoice will be sent to the Client advising the Client that the work has been completed. Final payment of the remaining balance plus any additional charges must be paid to the Developer in order for the website to be published online.
If payment is not made within (14) days of the website being completed an additional charge of 10% of the final invoice will be charged to the client.
If payment is not made within thirty (30) days of notification, simple interest will accrue on the balance owed at a rate of 20% from the date the 10% penalty was levied.
Most frequently, problems making payment timely are the result of poor communication channels in a company's Accounting Department. If a payment delay is anticipated, please contact the Developer to discuss potential problems in advance. If problems are anticipated we may be able to accommodate an alternate arrangement.
10. CD Burning
On request the Developer will burn one copy of the Client's web site into a CD upon completion of the site. Additional copies of the CD are available for $25.00 each.
11. Additional Expenses
Client agrees to reimburse the Developer for any additional expenses necessary for the completion of the project. Examples would be:
Purchase of specific fonts at the Client's request
Purchase of specific photography at the Client's request
Purchase of specific software at the Client's request
12. Copyrights and Trademarks
The Client represents to the Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Developer for inclusion in the Client's web site 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 the Developer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
13. Limited Liability
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 policy.
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 otherwise unethical web site for the Client. The Developer reserves the right to determine what is and is not unethical content.
The Developer, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any confidential information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about the Developer to another party.
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, its subcontractors, its 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, employees 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 upon 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.
16. Ownership to Web Pages and Graphics
Copyright to the finished assembled work of web pages produced by the Developer and graphics 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.
17. Design Credit
Client agrees that the Developer may put a byline on the bottom of their web pages for establishing design and development credit. Client also agrees that the web site created for the Client may be included in the Developer's portfolio.
Cancellation of the project at the request of the Client must be made by a certified letter. In the event that work is postponed or cancelled at the request of the Client by certified letter, the Developer shall have the right to retain the original 50% deposit. In the event this amount is not sufficient to cover the Developer for time and expenses already invested in the project additional payment will be due with the rate calculated at $27.50per 15 minute block. If additional payment is due, this will be billed to the Client within 10 days of notification via certified letter to stop work. Final payment will be expected under the same terms as listed in Article 9 above.
19 Client Delays
In the event that work is delayed by the client for a period of 14 days or more from the Developers last submittal for content or review, the Developer shall have the right to retain the original 50% deposit and charge the client for the work that has already been completed on the project. Payment will be expected under the same terms as listed in Article 9 above.
20. Refund Policy
Payments may be paid by cash, credit card, or bank transfer.In some cases a deposit of 50% of the total estimate is required to begin work as per the project contract and supporting documents.
ll moneys paid are refundable within 7 days in full as long as Golive Technology has not performed any services. In the event that Golive Technology has, in good faith, begun web site design and/or any other services then the services earned will be deducted from the refund amount - the balance of which will be returned to the client. In all cases, no refunds are issued after the 7 day period. This is agreed upon with payment of any deposits/estimates/invoices.