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Client Development Contract - Final Web Design, Inc.

Contact Name: _________________________________________________________

Phone: ________________________  FAX: __________________________

Company/Client: __________________________________________________ (hereinafter referred to as the "client")

Address: __________________________________________________________________________________

_________________________________________________________________________________

City: __________________________________ State: _____ ZIP: _______

Country: ____________________

Email address ______________________________________________________

Present WWW URL (if any):

__________________________________________________

Our desire is to completely satisfy the client. One way to do this is to make certain that we understand each other. These are the terms of our agreement together:

1. Invoice. The included invoice details the cost of the project based on the work to be completed.  This is a per project cost structure, and the Client will not have additional charges for work that is included in the below invoice.  Additional work/charges must be authorized by a change of work order.

2. Work Flow. To complete the project in a professional and timely manner, the Client and Final Web Design agree on the below work flow.

Phase 1)  Consultation:

Free hour consultation over the phone or at our office

After consultation; a free estimate, project proposal will be provided

If the estimate is accepted, the project will enter into a discovery phase

Phase 2) Discovery:

First initial meeting

Go over detailed questionnaires

Break down each page's functionality and what each page will look like

Create official invoice

Client can make 50% payment on invoices under $5,000 to move forward

Other payment plans must be clearly identified (e.g. payment 1 covers file upload and general template design, payment 2 covers e-commerce functionality, etc.)

Final Web Design and client sign-off on the invoice with initial client payment

Phase 3) The Build:

Schedule initial review based on size of project

Client must provide edits within 10 business days of initial review

Schedule second review

Initial edits will be completed

Second project development review

Edits must be provided by Client within 10 business days

Best efforts will be put forth to have final edits completed on or before completion date


3. Authorization.
The above-named Client is engaging Final Web Design, Inc., a Florida corporation, as an independent contractor for the specific project of developing and/or improving a website. The Client hereby authorizes Final Web Design, Inc. to access and update this account.

4. 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, and billed at the hourly rate.

5. Completion Date. Final Web Design and the client must work together to complete the website in a timely manner. We agree to work expeditiously to attempt to complete the website no later than ____________________.

If the Client has not submitted complete text and graphics that they are responsible for 10 business days before the completion date of this contract, an additional continuation fee will also be assessed each month until the website is completed.

6. Limited Warranty. Final Web Design does not warrant that the functions contained in these web pages or the Internet website will be uninterrupted or error-free. In no event will Final Web Design 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. 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.

7. Thirty Day Maintenance Guarantee. Final Web Design will design the website from your furnished materials and post the site to a testing area for you to view and request final editing and changes. After final edits are reviewed and approved, the website will be published under your domain name (url).

This agreement includes minor web page maintenance to regular web pages (not store product pages) over a thirty day period, including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text. If the Client or an agent other than Final Web Design attempts updating the client's pages, time to repair web pages will be assessed at the hourly rate, and is not included as part of the three-month maintenance period updating agreement. The thirty day maintenance period commences upon the date the client signs this contract.

Any future edits and site maintenance after the initial thirty day period can be provided at the hourly rate.

8. Copyrights and Trademarks. The Client represents to Final Web Design and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Final Web Design 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 Final Web Design from any claim or suit arising from the use of such elements furnished by the client.

9. Copyright to Web Pages. Copyright to the finished assembled work of web pages produced by Final Web Design 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. 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. Final Web Design retains the right to display graphics and other web design elements as examples of their work in their respective portfolios.

10. Delinquent Payment. In order for Final Web Design to remain in business, payments must be made promptly. Delinquent bills will be assessed a 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 1.5% penalty will be added for each month of delinquency. Final Web Design 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 Final Web Design. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Miami-Dade County, Florida, and any dispute will be litigated or arbitrated in Miami, Florida. Please pay on time.

11. Sole Agreement. The agreement contained in this Final Web Design, Inc. - Web Development Contract constitutes the sole agreement between Final Web Design and the Client regarding this website. Any additional work not specified in this contract must be authorized by a written change of work order. All prices specified in this contract will be honored for one (1) month after both parties sign this contract. Continued services after that time will require a new agreement.

12. Payment and Refund Policy.

The total amount of this contract is $_______________________________.

This agreement begins with an initial payment of $_______________________________.

The agreement is completed with a final payment of $_______________________________.

After final payment, Final Web Design will complete edits requested from the second review of the project.

 

The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.

On behalf of the Client (authorized signature):

____________________________________________________________ Date ________________


On behalf of Final Web Design (authorized signature):

____________________________________________________________ Date ________________