Tampa Web Design
By WL Mark
Web Hosting
$12.95 / Month
Domain Names
$18.95
Web Design and
Development Agreement Authorization:
The client is engaging WL Mark Web
Development 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 an Internet Service Provider's computer. The client hereby authorizes
WL Mark Web Development to access this account, and authorizes the Internet
Service Provider to allow WL Mark Web Development with "write permission" for
the client's web page directory, cgi-bin directory, and any other directories
or programs which need to be accessed for this project. The client also authorizes
WL Mark Web Development to submit their completed website to Web search engines.
Web Hosting: The client understands that any web hosting services require a
separate contract with the web hosting service. The client agrees to select
a web hosting service which allows WL Mark Web Development full access to the
website and a cgi-bin directory via FTP. The client further understands that
if the web hosting service's operating system is not a UNIX Linux system,
standard CGI software may not work, and providing a substitute may incur
additional charges.
Changes to Submitted Text:
Time required to make
substantive changes to client-submitted text after the Web pages have been
constructed will be additional, billed at the current hourly rate.
Copyrights and Trademarks:
The client represents to WL Mark Web
Development and unconditionally guarantees that any elements of text, graphics,
photos, designs, trademarks, or other artwork furnished to WL Mark Web
Development 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 WL Mark Web Development and its
subcontractors from any claim or suit arising from the use of such elements
furnished by the client.
Copyright to Web Pages:
Copyright to the
finished assembled work of Web pages produced by WL Mark Web Development is
owned by WL Mark Web Development. 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. WL Mark Web
Development and its subcontractors retain the right to display graphics and
other web design elements as examples of their work in their respective
portfolios.
Assignment of Project:
WL Mark Web Development reserves
the right to assign subcontractors to this project to insure the right fit for
the job as well as on-time completion.
Post Placement Alterations:
WL Mark Web Development cannot accept responsibility for any alterations
made by third parties to the client’s pages once placed. Such alterations
include, but are not limited to, additions, modifications, or
deletions.
Refusal to Service:
WL Mark Web Development reserves the
right to refuse service for any material that the WL Mark Web Development feels
are not legal, moral or in the best interest of WL Mark Web Development, but WL
Mark Web Development is not responsible for the content of any materials.
Errors and Omissions:
WL Mark Web Development will use good faith to
ensure pages authored by WL Mark Web Development are free of errors,
however, WL Mark Web Development may not be held responsible for any errors
that may arise in the course of authoring any pages. WL Mark Web Development
does not accept any liability for losses or damages arising from errors within
any page or if web search submissions are not accepted. It is the client’s
responsibility to proof their own pages for errors and inform WL Mark Web Development
of those along with any changes in layout requested by the client. This process
must begin immediately after the pages are posted to the web host for the client
to view. WL Mark Web Development will correct minor text changes at no charge
for 30 days from the date the site is posted to the web hosts server. After
30 days, changes will be charged at the current hourly rate.
Payment of
Fees:
Payment to WL Mark Web Development is due and payable on the following
schedule. One half upon signing this contract; the balance when the Web pages
have been constructed according to the client's original written specifications.
Advertising the pages to web search engines occur only after the final payment
is made. All payments will be made in US funds. 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.
WL Mark Web Development 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 (including all attorneys’
fees and court costs). This agreement becomes effective only when signed
by WL Mark Web Development. Regardless of the place of signing of this agreement,
the client agrees that for purposes of venue, this contract was entered into
in Washington County, Oregon, and any dispute will be litigated or arbitrated
in Washington County, Oregon.
Cancellation:
Either party may cancel this
agreement upon written notification, however any charges incurred to
the date of receipt of notification shall be immediately due and payable. Charges
shall be for any work in progress, contracted services fees, or software purchases
for the purpose to suit the client’s needs.
Legal Notice:
Notwithstanding anything to the contrary contained in this contract,
neither WL Mark Web Development nor any of its employees or agents warrants that
the functions contained in this web design project will be uninterrupted or
error-free. The entire risk as to the quality and performance of this web design
project is with the Client. In no event will WL Mark Web Development be liable
to the Client or any third party for any damages, including, but not limited to,
service interruptions caused by Acts of God, the Hosting Service or any other
circumstances beyond our reasonable control, any lost profits, lost savings or
other incidental, consequential, punitive, or special damages arising out of the
operation of or inability to operate this web design project, failure of any
service provider, of any telecommunications carrier, of the internet backbone,
of any internet servers, your or your site visitor's computer or internet
software, even if WL Mark Web Development has been advised of the possibility of
such damages.
Other Legalities:
The client is required to ensure that
the content of their pages meets all the current US legislation regarding
publications. The client shall further indemnify WL Mark Web Development in
respect of any claims, costs or expenses that may arise from any material
included in their pages authored or placed on their behalf by WL Mark Web
Development.
Links:
WL Mark Web Development reserves the right to
append a small hyperlink to WL Mark Web Development’s home page at the bottom of
each page unless the client specifically requests in writing, signed & dated
by both parties.
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
WL Mark Web Development and its subcontractors from any claim, suit, penalty,
tax, or tariff arising from the client's exercise of Internet electronic
commerce.
Sole Agreement:
The agreement contained in this document
constitutes the sole agreement between WL Mark Web Development and the client
regarding this website. Any additional work not specified in this contract must
be authorized 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.
Completion Date:
WL Mark Web Development and the client must work
together to complete the website in a timely manner. If the client does not
supply WL Mark Web Development complete text and graphics content all web pages
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. Initial Payment,
Cancellation and Refund Policy:
If the client halts work after this
agreement is signed the initial payment will be returned less the amount due
based on the current hourly rate for the work completed, or $99.00, the greater
of the two. Cancellation must be in writing and is effective upon receipt at WL
Mark Web Development. Notice must be mailed, e-mailed, or faxed to WL Mark Web
Development. Work completed shall be billed the current hourly rate. If at the
time of the cancellation work has been completed the client shall be liable to
pay the entire contract The user of this site agrees to the terms of this
agreement on behalf of his or her organization or business. This Agreement
constitutes the entire understanding of the parties. Any changes or
modifications thereto must be in writing and signed by both parties.
DEFINITIONS:
WL Mark Inc. Web Development agrees that its “work product” produced
in the performance of this
Agreement shall remain the exclusive property of the
Buyer in the form of a single user license, and that the Buyer and involved third
parties will not sell, transfer, distribute, publish, disclose or otherwise make
the “work product” available
to any and all third parties without WL Mark Inc. Web Development’s prior
express written consent. Any rights granted to WL Mark Inc. Web Development
under this Agreement shall not affect Buyers use or ownership of the “work
product”.
