Wednesday, January 23, 2013

Software Implementation Consulting Contract

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[ ]
[ ]
Job: Software Implementation Consulting
Date: Jan 24, 2013
Projected Completion date: xx/xx/xxxx
1. [ ] (the client hereafter) is engaging[     ], a sole proprietor, located at [            ], as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on the client's web space on a web hosting service's computer. The client hereby authorizes [                         ] to access this account, and authorizes the web hosting service to provide [                         ] 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 authorizes [                         ] to publicize their completed website to Web search engines, as well as other Web directories and indexes.
2. Standard Website Package Elements. The following elements are generally available:
  • E-mail/phone consultation (Up to 2 hours total general Internet orientation education, marketing strategy, and web design consultation.).
  • Words of text supplied by the client.
  • Links to external pages.
  • 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.
  • Installation of web pages on the client's web hosting service.
  • Additional changes, billed at hourly rate.
  • E-mail response link on each webpage to any e-mail address the client designates.
  • Feedback or guest book form.
3. Standard Website Packages. The content of the web pages will be supplied by the client and executed as specified by the client. A brief description of the web pages included under this contract follows:
[Place your terms here]
4. Maintenance and Hourly Rate. This agreement includes minor webpage maintenance to regular web pages, including updating links and making minor changes to a sentence or paragraph. It also includes removing nearly all the text from a page and replacing it with new text. If the client or an agent other than [                         ] attempts updating the client's pages, time to repair web pages will be assessed at the hourly rate. Changes requested by the client will be billed at the hourly rate of $30. This rate shall also govern additional work authorized above for such services as webpage design, editing, modifying product pages and databases in an online store, art, photo, and graphics services. CGI programming charges (if any) is included in this rate.
5. 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 [                         ] full access to the website directory via FTP.
6. Completion Date. [                         ] and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website. If the client does not supply [                         ] complete text and graphics content for all web pages contracted for within two months after signing of this contract, the total work completed to date will be billed.
7. Payment of Fees. Fees to [                         ] are due and payable on the following schedule: 50% upon signing this contract and 50% when the web pages have been constructed according to the client's original written specifications. If the total amount of this contract is less than $300, 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 web pages are completed, the web pages may be delivered to the client on compact disc or attached to an e-mail message. All payments will be made in US funds.
8. Assignment of Project. [                         ] reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
9. Disclaimer. [                         ] does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will [                         ] 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 web pages or website, even if [                         ] 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.
10. Copyrights and Trademarks. The client represents to [                         ] and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to [                         ] 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 [                         ] and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
11. 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 [                         ] and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
12. Copyright to Web pages. Copyright to the finished assembled work of web pages produced by [                         ] is owned by [                         ]. 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. [                         ] and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
13. Delinquency. Delinquent bills will be assessed a $15 charge if payment is not received within 30 days of the due date. If an amount remains delinquent 60 days after its due date, an additional 15% penalty will be added for each month of delinquency. [                         ] reserves the right to remove web pages 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 [                         ]. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Virginia Beach, Virginia, and any dispute will be litigated or arbitrated in Virginia Beach, Virginia.
14. Sole Agreement. The agreement contained in this "Website Design Contract" constitutes the sole agreement between [                         ] and the client regarding this website. Any additional work not specified in this contract must be authorized by a written order. All prices specified in this contract will be honored for six (6) months after both parties sign this contract.
15. Initial Payment and Refund Policy.
The total estimate of this contract is $10,000.
This agreement begins with an initial payment of $500. If the client halts work and applies to [                         ], work completed shall be billed at the hourly rate of $80, 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.
Criteria for completion of project:
[Place your terms here]
The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.

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