Standard Web Design Contract
Used in conjunction with the Scope of work / Quote which is to be printed by the client, signed and mailed or faxed back to us. A detailed Scope of work will be needed for every individual web site. It is agreed that it is required to set up a detailed scope of work in order to establish exactly what you need us to do.
Our desire is to delight our client. One way is to make clear our understandings with each other. These are the terms of our agreement with you :
Authorisation 1.1 The above-named client is engaging Hosting-webdesign Services (SYNNCOM CC), as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on our web hosting service's. 1.2 In exceptional cases we may undertake web development on a different hosting server to ours. In this case the client hereby authorises Hosting-webdesign (SYNNCOM CC) to access this account, and authorises the web hosting service to provide Hosting-webdesign Services (SYNNCOM CC) with "write permission" for the client's web site,webpage, directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project.
Standard Website Package Elements. 2.1 E-mail/phone consultation & any form of training. This includes general Internet orientation education, Web design consultation. Telephone long distance charges are in addition to package rates quoted. This as well as Traveling Costs and Call out Fees may be applicable & will be indicated in your Scope of Work / Quote - Additional education and consultation is at our hourly rate. 2.2 Text, Graphics & Any other Elements to be used to Develop your Web site – We accept Content only in electronic format. Supplied via CD,Memory Card hand delivered by yourself or email. 2.3 From the date of this Contract you have a maximum of 14 days to get all your content to us. This will be in line with your Scope of Work / Quote. Example : for a 5 Page Web site we would need 5 Pages of Content from you. 2.4 Web pages of more than 1,200 words of text may be subject to additional fees, especially if they require a great deal of formatting)
2.4a Links to external pages, up to an average of 2.5 per page.
2.4b Custom Graphics Package. – this will often be called an HTML Template and this theme would be carried throughout the entire web site. Masthead graphic on first page (simple custom graphic incorporating company logo). Top-of-page graphic for all other pages in your website. Colourful lines and bullets, and coloured and textured background.
2.4c Logos / Graphics and any other graphic elements - If our clients do not have logos and graphics we will gladly design / obtain this for you and will be charged at our logo design /research rate and it is to be looked at as a separate cost.
2.4d Photos and other misc. graphic images supplied by client (up to an average of 5 included per page. We accept Color originals no larger than 600px by 600px in JPG or GIF format. TIFF, EPS or other large format designed for print, will be charged extra, as it is a tedious task to convert such graphics to be web ready.
2.4e Flash and animation - Hosting-webdesign Services (SYNNCOM CC) will do small animations of supplied logos or graphics. Entire flash animations, movies, or pages will be charged separately and Flash Developer rates will apply. 2.4f Feedback or guest book form (Basic CGI program included. Includes up to 20 fields. Extra charges may be incurred - Not included in the package price for sites smaller than 6 pages.
Updates and web site maintenance. 3.1 Updates and changes to completed Web sites / Pages will be considered Contingency Costs. Please ask us for a separate Contingency Contract to establish retainer fees according to your needs. 3.2 Site publicity will be considered as SEO (Search engine Optimisation/ Online Marketing) and would be a totally separate function and although we do undertake SEO / Google Adowrds and Online Marketing Projects, a different contract will apply to the marketing and publicity of your web site. 3.3 Image Map (XML Sitemaps) and submitting your complete site for inclusion in the Google Index will be done. By signing this Contract you agree to give us permission to Include Google Code on your site for Analytics and Tracking Purposes.
Online stores / Websites with CMS. (Cross out this section for Static Website Packages.) 4.1 The text and graphic content of the web pages will be supplied by the client and executed as specified by the client in the Quote/Scope of Work. It is understood that total prices calculated are likely to vary from the final amount due to different quantities of products, categories, photos, regular pages, etc. in the final store. 4.2 A Quote from Hosting-webdesign Services (SYNNCOM CC) was obtained and governs the prices for this contract. Notwithstanding any prices listed in literature or on web pages, the client agrees that the services described in the Quote / Scope of work shall be completed for the amount stated in the Quote/Scope of work. 4.3 The final payment shall reflect and include all elements actually completed and will include any Authors Corrections requested by the Client. Product webpages, products, or photos added after the store is ready and complete will be calculated at actual time spent at the hourly rate. On Completion of any work done which includes but is not limited to : The Construction of A web page, inserting new text, graphics, photos, logos or any work outlined in the Quote / Scope of work, any additional changes will be considered Authors Corrections. Please see point 5 below.
The Content you supply us and Authors Corrections We recognise our responsibility to correct errors that we have published Please send us your final text. Costs associated with Authors Corrections are paid by the client. Author’s Corrections are typically changes the client requests that aren't the result of typographical errors or mistakes made by us. This includes but is not limited to Functionality of a web site, Overall Look and feel, Colours, Photos,Graphics, Text or any other elements that are used to develop your web site. If the client requests Authors Corrections it will change the Quote / Scope of work. We can at any point in time during the signed Contract, request the client to sign a new Quote that includes these additional charges. Take note that minor changes will be added to your final Invoice and a request for you to sign a complete new Quote / Scope of work will not be required. Best Practice is to have a Clear and Concise, well planned picture in your mind and on paper of the final product you outsource to us to complete. Make sure you have any and all functionality down when you request a Quote. Authors Corrections are billed at an hourly rate - this means PHP Developers rates may apply for Code and Functionality changes.
Web Hosting 6.1 The client understands that any web hosting services requires a separate contract with a web hosting service. If for some reason the client chooses a hosting service other than ours, the client agrees to select a web hosting service which allows Hosting-webdesign Services (SYNNCOM CC) full access to the website and a cgi-bin directory via FTP. 6.2 The client further understands that if the web hosting service's operating system is not a Unix/Linux system, standard PHP software may not work, and providing a substitute may incur additional charges. Please also refer to our Web Hosting Terms of Service available publically on our web site www.hosting-webdesign.co.za
Completion Date. 7.1 While we will always do everything possible to give our Clients the best Service Possible we need to Outline and highlight the importance of remaining realistic about Completion Dates. Hosting-webdesign Services (SYNNCOM CC) and the client must work expeditiously to complete the work outlined in the Quote/ Scope of work in a timely manner. 7.2 A realistic completion date must be decided on and please take note that any additional changes and or Authors Corrections, requested by the client, will impact on the Completion Date. The client agrees to make provision in their Business Model for changes and Completion Date changes. 7.3 If the client does not supply Hosting-webdesign Services (SYNNCOM CC) complete text and graphics content of all webpages within 14 days of the date this contract was signed, the entire amount of the contract becomes due and payable. 7.4 If any Emergency changes are to be carried out over a weekend or public holiday or after business hours, additional rates per hour will apply. In a case where emergency changes are to be made to PHP / Code or any functionality changes, PHP Developer rates will apply..
Payment of Fees. 8.1 Fees to Hosting-webdesign Services (SYNNCOM CC) are due and payable on the following terms: 50% upon signing this contract, 50% when the webpages have been constructed according to the client's original written specifications in the Quote/Scope of work. If the total amount of this contract is less than R1000, the total amount shall be paid upon signing this contract. In case the client is not going to be making use of our Hosting services and has not secured Web space on a web hosting service by the time the webpages are completed, the webpages may be delivered to the client on diskette or attached to an e-mail message. All payments will be made in SA Rands. Hosting-webdesign Services (SYNNCOM CC) reserves the right to accept foreign currency in some pre-arranged instances) 8.2 Delinquent bills will be assessed at a R100 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 20% penalty will be added for each month of delinquency. Hosting-webdesign Services (SYNNCOM CC) reserves the right to remove webpages 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 Hosting-webdesign Services (SYNNCOM CC). Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Johannesburg, South Africa and any dispute will be litigated or arbitrated in Johannesburg, South Africa.
Assignment of Project. Hosting-webdesign Services (SYNNCOM CC) reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
Risk & Liability 10.1 Hosting-webdesign Services (SYNNCOM CC) can not warrant that the functions contained in these webpages or the Internet website on a server other then our own. We, like every other web design company cannot control the uptime and functionality of any server or that the operation of the webpages will be uninterrupted or error-free. 10.2 The entire risk as to the quality and performance of the webpages and website is with the client. In no event will Hosting-webdesign Services (SYNNCOM CC) 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 webpages or website, even if Hosting-webdesign Services (SYNNCOM CC) 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. Hosting-webdesign (SYNNCOM CC) will not be liable in any way for fines, penalties, taxes (except GST), exemplary/aggravated/punitive damages, liquidated damages, indirect/consequential losses (including loss of contract, loss of production, loss of revenue, loss of profit, lost opportunity costs, and/or other loss not arising naturally and directly according to the usual course of things) or legal costs and expenses (except reasonable legal costs awarded by a court) arising from the subject matter of this Agreement. 10.3 Like any other Computer Equipment, Servers do go faulty and get hacked from time to time. The responsibility to have a working backup of the entire web site and or Database is up to the client. We may be commissioned to re-instate a client Backup copy of a hacked web site by requesting a Quote from us at such a time. Again a realistic completion date would be decided on. Kindly Contact us or your Web Hosting provider to find out how you can obtain a working backup copy of your website.
Software used by Hosting-Webdesign (SYNNCOM CC) Hosting-webdesign Services (SYNNCOM CC) will be making use of Open Source Software that we have tested and we are very confident that it should always work. The way we keep our prices as low as they are is due to the fact that we will never claim to develop software when we are in fact using existing Open Source Software. Should any Software go faulty our clients understand that they have to get a quote from one of our Developers to re-instate, upgrade or repair the Software to be the same or better then it previously was.
Copyrights and Trademarks. The client represents to Hosting-webdesign Services (SYNNCOM CC) and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork supplied to Hosting-webdesign Services (SYNNCOM CC) for inclusion in webpages are owned by the client, or that the client has written permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Hosting-webdesign Services (SYNNCOM CC) and its subcontractors from any claim or suit arising from the use of such elements supplied 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 Hosting-webdesign Services (SYNNCOM CC) and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
Copyright to Web sites. Copyright to the finished assembled work of webpages produced by Hosting-webdesign Services (SYNNCOM CC) is owned by the Client 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. Hosting-Webdesign (SYNNCOM CC) and its subcontractors retain the right to display graphics and other Web design elements as examples of their work on Client Web sites.
Sole Agreement. The agreement contained in this Website Design Contract constitutes the sole agreement between Hosting-webdesign Services (SYNNCOM CC) and the client. Any additional work not specified in this contract must be authorised by a written change order.
Initial Payment and Refund Policy. This agreement begins with an initial payment of 50% of the total amount. If the client halts work and applies by registered letter for a refund within 15 days, to the Director of Hosting-webdesign Services (SYNNCOM CC), work completed shall be billed at our hourly rate 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 our hourly rate. No portion of this initial payment will be refunded unless written application is made within 15 days of signing this contract. The undersigned agrees to the terms of this agreement on behalf of his or her Organisation or Business. I /We understand the Terms of Service in this Contract and I have made all effort to ask for an explanation from Hosting-webdesign Services (SYNNCOM CC) for the things I did not understand.
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