Website Design Agreement
Our desire is to please our Clients. To accomplish this we need to make clear our understandings with each other. This is the agreement between you, the Client and Real Free Websites for a Free Customized Website.
The Client is engaging Real Free Websites 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. The Client also authorizes Real Free Websites to publicize their completed website to Web search engines, as well as other Web directories and indexes.
Free Website Package Elements
Real Free Websites includes the following elements as standard for all Clients using their web hosting:
- E-mail consultation
- Up to 2 hours total general Internet orientation education, and web design consultation. Additional consultation is at our hourly rate.
- Three (3) pages
- Up to 3 pages based on the same design template.
- Words of text
- Up to 1,200 words of text per page supplied by the Client. After this additional fees may be applied due to increased formatting time.
- To external pages, up to 5 per page.
- Custom Graphics Package
- A standard header graphic for all the pages (simple custom graphic incorporating company logo). Company logo will be used 'as is' if supplied on disk or CD. If we scan for you, we will do our best to make as presentable as possible; however, we will not 'pixel edit' the image unless an additional charge at our hourly rate is paid by the Client. Colourful lines and bullets, and coloured and textured background.
- Photos and other misc. graphic images
- When supplied by Client up to 5 included per page, in addition to header graphic.
- Web pages installed onto our web hosting servers.
Enhanced Website Package
The details of this package will be governed by a separate agreement, once the Client's needs have been established.
The content of the web pages will be supplied by the Client and executed as specified by the Client. In case the Client desires additional standard web pages beyond the original number of pages specified above, or 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.
Changes requested by the Client beyond those limits specified in this document will be billed at the hourly rate of US$40.00. This rate shall also govern additional work for such services as general Internet orientation, marketing consulting, web page design, editing, modifying product pages in an online store, and art, photo, graphics services, and helping Clients learn how to use their own web page editor.
Real Free Websites and the Client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website, but for Free Customized Websites the time required will vary depending on the current website design load. For Enhanced Websites, the date of completion will agreed upon based on the Client's requirements.
Payment of Fees
Web hosting fees to Real Free Websites are due and payable up front.
Changes to Submitted Text
Please send us your final text. Time required to make substantial changes to Client-submitted text after the web pages have been constructed will be additional, billed at our hourly rate.
Domain Name Registration
Domain name registration is not included in the price of web design or web hosting. The cost to register your domain name with Real Free Websites is US$5.00.
Client agrees to reimburse Real Free Websites for any additional expenses necessary for the completion of the work. Examples would be (but are not limited to): purchase of special fonts, graphics, stock photography, templates, themes, software, scripts, etc. Where additional expenses would be required Real Free Websites will seek the Client's approval before making any purchases.
Assignment of Project
Real Free Websites reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
Real Free Websites takes no responsibility for the functionality or maintenance of the website after the work has been completed (unless a maintenance contract is in place). Errors (both technical and typographical) attributable to Real Free Websites will be corrected free of charge, but Real Free Websites reserves the right to charge a reasonable fee for correction of errors for which Real Free Websites is not responsible, including, but not limited to malicious modification of the Website by a third party and typographical errors contained in materials provided to Real Free Websites by the Client. The entire risk as to the quality and performance of the web pages and website is with Client. In no event will Real Free Websites 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 Real Free Websites 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.
Search Engine Listings
Real Free Websites does not guarantee listings on Search Engines and the Client accepts that it is Search Engines and not Real Free Websites who determine whom they list and whom they will not. The Client further understands there is no guaranteed placement or rank on the Search Engines and that a new website may never even appear on Search Engines at all. Real Free Websites does not control Search Engines' algorithms and huge shifts can appear daily, weekly and even hourly.
Copyrights and Trademarks
The Client represents to Real Free Websites and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Real Free Websites 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 Real Free Websites and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
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 Real Free Websites and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's exercise of Internet electronic commerce.
Copyright to Web pages
Copyright to the finished assembled work of web pages produced by Real Free Websites is owned by Real Free Websites. The Client is assigned rights to use as a web site 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. Real Free Websites and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
This agreement constitutes the sole agreement between Real Free Websites and the Client regarding the design of the 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 honoured for two (2) months. Continued services after that time will require a new agreement.
Client certifies that he or she is at least 18 years of age.
Client agrees that Real Free Websites may put a byline and hyperlink on the bottom pages of their website establishing authorship credit and copyright notice and that Real Free Websites may advertise Client's website as an example of their work.
March 26 2008 17:20:50