CONTRACT FOR WEBSITE DESIGN SERV

CONTRACT FOR WEBSITE DESIGN SERVICE

The following contract is for Website design and other described services to be performed by CobWeb Designs ("Us, We, Our") on behalf of ___________________________ ("Client") as detailed on the Our written estimate. All clients will be required to signs this contract. The following general terms and conditions apply to this service, in addition to any specific terms and conditions described in the written estimate:

Definitions

"Written" - in all cases, "written" is understood to include machine-generated or digitally-formatted material (i.e. a Web page).
"Delivery" is made when client is notified by Us that the contracted work is complete and ready for client review prior to approval. Special circumstances may allow delivery to be made prior to site completion (i.e. if client-provided information will not be available for use in a timely manner) by mutual agreement between the parties. It is understood that such circumstances are not a basis to withhold or refuse any payment due "on delivery."
Approval" is met when Client agrees that the service they have purchased has been delivered in a satisfactory condition. The 'special circumstances' clause in paragraph 1A above also applies to the approval process.

Payment Methods
1. Payment may be made via Cash, Check, or Money Order. Payment amounts are in US Dollars. Cash, Check, and Money Order payments may be made by hand or via regular mail.
Payment Terms
1. Payments are based on a 1/2, 1/2, system as detailed in paragraphs 3A, 3B, and 3C below.
2. 1/2 of total estimated cost of design service due on contract. 1/2 of the total price of this service contract (plus any necessary domain registration fees and the first month's hosting fee) is payable immediately upon agreement for service between client and Us. Work will not begin on client site until the first 1/2 payment is received by Us. If payment is made by check, work will not begin until the check has clears.
3. 1/2 due on delivery. Client will be notified of site completion, and the site will be published to a ‘staging area’ for Client's review pending approval. If payment for the second 1/2 is not received by Us within 5 business days of delivery, the site will be deactivated until payment is received. Deactivation will consist of all client pages being taken offline, until payment is received. There will be a re-activation fee of $25.00 to be paid prior to re-activation.
4. Once We have delivered the site, Client will have 30 days to examine, consult regarding corrections, additions, refinements, and deletions to the site as delivered. In the absence of any ongoing approval issues, the client is assumed to have approved of the delivered product at this time. When Client and Us agree that the delivered product is satisfactory, the final 1/2 payment is due. "Approval issues" do not consist of dramatic redesigns, major overhauls, or the addition of material not originally agreed upon in the initial written estimate. Contracted on-site training and/or e-mail setup will take place after client approval.
Web Hosting Services
1. We will, upon request from client, set up web hosting services for the website. Fees are payable each month prior to the fifth calendar day of each month. Hosting fees must be paid on a monthly basis when they are due. Client's web hosting bill must be paid on time.
2. In the event that a hosting payment is not received by Us by the payment due date, client will be notified and given opportunity to take whatever steps are necessary to ensure prompt payment. No site which has not paid its hosting fee will remain online beyond 10 days past due. (re-activation fee apply)
3. If a website is deactivated due to non-payment of hosting fees, the site will be removed from the hosting space and replaced with a single page stating that the site has been disabled due to non-payment.
4. Any website which has been deactivated due to non-payment of hosting fees will be subject to a $25 re-activation fee plus whatever outstanding fees are due. Both the reactivation fee and the outstanding hosting fees must be paid prior to site reactivation.
5. Site fees will not be prorated to compensate for downtime due to deactivation.
6. We reserve the right to allow exceptions to this policy at its sole discretion.
Data Entry
1. Unless We are specifically contracted for data entry services (i.e. shopping cart), client site will be delivered with ONLY the sample data set used for setup, development, and testing of dynamic pages. Lack of data entry by the customer is not a valid reason to withhold site approval.
Site Maintenance
1. It is Our policy to strive toward avoiding the need for ongoing site maintenance and update plans. In most cases, Client will be given the tools necessary to make content changes to the site at their discretion.
2. Occasionally, changes may be necessary that are beyond the ability of the customer to complete on their own. These changes will be estimated in writing.
  1. Changes priced at less than Two Hundred Dollars ($200) are payable prior to commencement of work.
  2. Changes priced above Two Hundred Dollars are payable under a separate contract based on the "1/2, 1/2" system outlined above.
3. In the event that the customer requires ongoing service and maintenance (for instance, regular page updates outside the scope of the tools We provides), a separate agreement will be reached to cover the specific details of that arrangement.
  1. This agreement will be based on a predetermined number of hours-per-month multiplied by an hourly rate.
  2. If the contracted number of hours-per-month is exceeded by a factor greater than 1.25, Client will be held responsible for fees at the contracted hourly rate to be paid with the monthly maintenance fee due immediately following the month in which work was performed.
  3. If the work performed in a given month constitutes 75% or less of the contracted number of hours-per-month, the following month's fee will be discounted by the percentage of unused hours. Under no circumstances will fees be discounted by more than 50%.
E-Mail Accounts
1. Setup and Maintenance
  1. Client is responsible for setting up and maintaining e-mail accounts using tools provided by Us (which may include a 'control panel' and a web-based e-mail interface).
  2. The first e-mail address is at no cost per domain. 50 e-mail accounts are available per domain There will be no charge for email accounts.
  3. For reasons of security, We will retain the webmaster@ (your domain) address.
  4. Client is provided with web access to each e-mail account which allows for basic account maintenance including changing existing known passwords and configuring filters.
  5. Unsolicited Commercial E-Mail (UCE)/Unsolicited Bulk E-Mail (UBE) ("Spam")
2. We maintain a strict anti-spam policy. Clients who use Our resources to send "Spam" will be immediately removed from the hosting server and no refunds of any type will be given regardless of the amount or term of any advance hosting payment.
3. It is the responsibility of the Client to understand what constitutes "Spam" and to maintain records indicating the consent of recipients to receive bulk e-mail from the Client. We are happy to consult with Client regarding the issue of "spam" at no additional charge.
4. Spam complaints will be handled on a case-by-case basis.
5. The use of outside resources to send "spam" promoting any site hosted or designed by Us is subject to the same penalties as outlined above.
Site Content
1. Client agrees that they may not feature, display, host, or promote content which meets any of the following criteria:
  1. Sexually-explicit content (pornography, soft or hard)
    1. Sexually explicit content includes any image, sound, video, or text content which displays, depicts, or describes sexual activity.
  2. Sites containing medical information are exempt from this clause.
  3. Sites for media companies (i.e. video-rental services) which include 'adult' videos or magazines are exempt from this clause provided that:
  4. no displays or descriptions of sexual acts or genitalia are included in the content
  5. Clients affirms that to their best knowledge all products offered are completely legal in the jurisdiction where their primary office is located
  6. Clients handling adult content agree to release Us from any legal liability arising from minors accessing said content
  7. Client includes an additional ‘barrier’ page between normal and adult content requiring that anyone viewing said content certify that they are over the age of eighteen years and legally allowed to view such content.
  8. Any pages containing references to adult material must contain information allowing the page to be registered with Cyber Patrol, CYBERsitter, Family Connect, ICRA, Net Nanny, SafeSurf, and SurfWatch.
2. "Hate" content
  1. Content which promotes discrimination against any person or group of people on the basis of religion, ethnicity, sexual orientation, gender, physical attribute, handicap, or economic status.
  2. Content which encourages or promotes the destruction of property.
  3. Content which encourages or promotes violence.
    1. Exceptions may be made to subparagraph c above for sites which feature information regarding sporting and entertainment events, provided that said event does not violate any other sub-paragraphs in this section.
  4. Political opinions and legitimate social observations do not constitute "hate content" for the purposes of this contract. Client is encouraged to contact CobWeb Designs if they are unsure about whether any content they are considering might violate this section.
  5. Content which violates or infringes a copyright or trademark.
    1. It is the responsibility of the holder of said copyright or trademark to notify CobWeb Designs of any infringement. Any party claiming infringement of a copyright or trademark must provide evidence of ownership.
  6. Content which is libelous or slanderous? The burden of proof for any complaint of libel or slander rests with the complaining party.
  7. Content which is intended to harm, impede, invade, scan, or disable a computer visiting the site. This includes, but is not limited to, viruses, Trojan horses, Spyware, aware, malware, and/or scripts or programs which examine the contents of a visitor’s computer without their permission.
  8. "Phishing" schemes
    1. "Phishing" is an illegal practice whereby computer users are led to believe that a given website is actually a different site for the purpose of collecting financial or other sensitive data.
    2. Any site hosted by CobWeb Designs which is found to be operating a 'phishing' scheme will be immediately reported to the Federal Bureau of Investigation, including any and all identifying information about the operator which collected by CobWeb Designs through normal business operations or through independent investigation.
  9. Multi-Level-Marketing (MLM), Make Money Fast (MMF), pyramid, or Ponzi schemes.
    1. The determination of whether site content fits these criteria will be made at the sole discretion of CobWeb Designs.
  10. Consequences:
    1. Any site, individual, or organization which secures services from CobWeb Designs and violates the terms of any of the above paragraphs (Section 8A, paragraphs I-VI) will be subject to immediate disconnection and deletion of their site with no refund of any kind for any reason.
    2. CobWeb Designs reserves the right to share any personal information about any site, individual, or organization violating the terms of any of the above paragraphs (Section 8A, paragraphs I-VI) with local, state, federal, and international law enforcement officials.
Discrimination and Community Goodwill Policy
1. It is the policy of CobWeb Designs to not discriminate against any person on the basis of race, creed, national origin, religious affiliation, physical disability, gender, sexual orientation, or marital status.
2. Client agrees that any action on their part in violation of these principles which might reflect negatively on Us or its clients is grounds for immediate termination of any existing agreement, without notice or compensation to the client.
  1. In the event of such termination, CobWeb Designs will surrender ownership of any related domain name to the client, again without compensation.
  2. In the event of such termination, Client immediately surrenders all claim to any material including but not limited to text, graphics, logos, artwork, sound, and video material created for them by CobWeb Designs under this or any subsequent contract.
Domain Registration
1. CobWeb Designs can, on request, register domain names on behalf of the Client. Such domain (s) will be registered listing CobWeb Designs as the administrative, technical, and billing contacts.
2. Client will retain ownership rights, and CobWeb Designs will surrender administrative access to the domain name upon termination of this contract, except in cases of nonpayment or as noted above.
3. Client may also choose to register their domain on their own. In this case, all above-noted instances in which CobWeb Designs would maintain ownership of the domain name are null and void.
Refund & Guarantee
1. If Client terminates this contract prior to site delivery, CobWeb Designs will refund Client money, minus domain registration and fees for on-site services performed prior to termination including but not limited to photography, training, and e-mail setup.
2. If Client terminates this contract after site delivery but prior to site approval, CobWeb Designs will refund second 1/2 payment as described above (if it has been paid), retaining the first 1/2 payment for services rendered.
3. Client termination after approval will not be eligible for refund.
4. CobWeb Designs makes no guarantee of any level, number, or dollar value of sales through Client website, nor warrants any increase in profitability or productivity as a benefit of your website.
CopyRight
1. CobWeb Designs retains full ownership of web site designs and page for web sites furnish at no charge to non-profit organizations.
2. Non-profit organization who wish to pay a nominal charge fore the purchase of the site can do so upon negotiations of price and agreement of all parties concerned
3. CobWeb Designs will retain co-ownership, with Client, of the copyright to Client site as a body of work.
4. CobWeb Designs grants Client an exclusive, perpetual license to use any graphics, logos, or advertising copy (“material”) created by CobWeb Designs for similar purposes within the scope of the business for which it was created.
  1. In the event of abuse or non-payment terminations as described in this contract, the license granted above will be immediately revoked.
5. Client will retain copyright over any material that they provide.
6. Client agrees that any continued use of material beyond the termination of this contract is contingent upon client’s inclusion of a phrase defining the relevant material plus the words “Copyright © CobWeb Designs” and a hyperlink to CobWeb Designs' Home Page at CobWebDesigns.com for as long as Client continues to use the material.
7. Client retains copyright and ownership of all photographs made by CobWeb Designs, which shall be deliverable in electronic format on termination of this contract.
  1. Client grants CobWeb Designs perpetual non-exclusive license to use these photos for the purposes of promotion or inclusion in other client sites.
  2. In the event of abuse or non-payment terminations as described in this contract, copyright and ownership of all photographs will be retained by CobWeb Designs.
Search Engines
1. CobWeb Designs will submit your site to the major search engines after final approval and payment for your website.
Litigation and Arbitration
1. Client agrees that any disputes arising from services performed will be litigated in the State of Montana, County of Yellowstone
Termination
1. This contract may be terminated at any time by either party, subject to the above terms and conditions.
Client Name/For: ________________________________________
Client Signature: _______________________________________
Steven L Clausen, Signature (for CobWeb Designs):_________________________
Date: ________________________________