Used in conjunction with the
eCommerce Website Design Planner which should also
be printed out by the client.
Contact Name ______________________________
Phone ________________ FAX ________________
________________________(hereinafter referred to as the "client")
City ________________ State ____ ZIP ______
Present WWW URL (if any):
Username ________________ Password
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:
The above-named client is engaging Bissell Web Design, a sole proprietor, as an independent
contractor for the specific project of developing and/or improving a website to be installed on the client's web space on a web hosting
service's computer. The client hereby authorizes Bissell Web Design to
access this account, and authorizes the web hosting service to provide
Bissell Web Design 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 Bissell
Web Design to publicize their completed website to web search engines, as
well as other web directories and indexes.
2. eCommerce Website Design Package
Elements. (For eCommerce Website Design
Packages only. For the Basic 3-Page Website Design Package, please use the
Basic Website Package Contract.
For the Custom Website Design Package of 4-10 pages with Advanced
Features, please use the
Custom Website Design
Contract). Bissell Web Design includes the
following elements in their eCommerce Website Design Package:
Up to 2 hours of
phone or email web design consultation to determine your needs and
marketing consultation to determine your marketing strategy. A retainer of
50% of the quoted contract price and a signed contract will be due at this consultation.
(Telephone long distance charges are in addition to package rates
quoted. Additional consultation can be provided at our hourly rate of
$50 per hour.)
professionally designed, customized website of up to 5 standard pages (more than
pages charged individually).
Words of text must be written and
supplied by the client (200 words per page approximate maximum if not
supplied via diskette. Web pages of more than 1,200 words of text may be
subject to additional fees, especially if they require a great deal of
graphics, e.g. your logo, on the home page (simple custom graphic
incorporating company logo). Top-of-page graphics for all other pages in
your website. Colorful lines and bullets, and colored and textured
backgrounds can be utilized. Inclusion of 3 photos (client provided) per web page.
scanning and preparation of your provided logo and photos (Includes 3
photos per standard web page. Does not include product photos for online
stores or database driven catalogs, etc. Image scanning and preparation of
product photos are charged separately. See
Price List for more
A ‘Contact’ form
that enables user input to be emailed to you.
creation of up to 10 PDF files.
descriptions and keyword placement in website to enable search engine
Assistance with Domain
Name registration/purchase and Hosting Services registration.
Posting of your site to a testing area
for you to view and request final editing changes. After final edits are
reviewed and approved by the client, the remaining 50% to complete payment of your
website will be due. After receipt, the website will be published under
your domain name (yourcompanyname.com).
Uploading of your
website to the hosting service.
of your website to 1000+ major search engines and directories via a
website submission service.
Minor web page maintenance to regular
web pages (not store product pages) over a six-month period, including
updating links and making minor changes to a sentence or paragraph. The
six-month period commences upon the date the client signs this
eCommerce Website Design Contract.
Additional Advanced Features, charged
individually, which your website might require. See
Package Price List for more information.
3. Contents of the eCommerce Website
Design Package. The content of the web pages will be
supplied by the client and executed as specified by the client in the
eCommerce Website Design Planner dated _______________. This website
includes up to 5 standard web pages. In case the client desires additional
standard web pages beyond the original number of pages specified above,
the client agrees to pay Bissell Web Design an additional $75 for each
additional web page. Client provided graphics or photos beyond the allowed
3 per web page shall be billed at an additional $50 per hour rate (billed
in increments of 15 minutes). Where custom
graphics work (beyond the scope of the
Design elements detailed in #2 above) is requested, it will be billed at the hourly rate of $50.
An Estimate will be forwarded to the
client by fax or by email and will govern the prices for this contract.
The client agrees that the amount of the first payment (retainer) is
determined from this Estimate. It is understood that total prices
calculated on this Estimate are likely to vary from the final amount due
to different quantities of products, categories, photos, regular pages,
etc. in the final store. The final payment shall reflect and include all
items actually completed.
We include email and/or phone
consultation of up to 2 hours for marketing strategy, web design
consultation, and helping clients learn to use the store software.
Telephone long distance charges are in addition to package rates quoted.
Additional education and consultation is at our hourly rate of $50.
Product web pages, products, or photos
added after the store is ready for advertising to the web search engines
will be calculated for actual time spent at the hourly rate of $50.
4. Maintenance and Hourly Rate.
This agreement includes minor web page maintenance to regular web pages (not
store product pages) over a six-month 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 Bissell 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 six-month maintenance period updating
agreement. The six-month
maintenance period commences upon the date the client signs this
Changes requested by the client beyond those limits
will be billed at the hourly rate of $50. This rate shall also
govern additional work authorized beyond the maximums specified above for
such services as marketing
consultation, web page design, editing and/or modifying product pages and databases
in an online store, art, photo, and graphics services. CGI programming charges (if
any) are not included in this rate.
5. 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 of $50.
6. Web Hosting. The client
understands that any web hosting service will require a separate contract. The client agrees to let Bissell Web Design select
the hosting service or to select a web hosting service
which allows Bissell Web Design full access to the website and a cgi-bin
directory via FTP and telnet.
7. Completion Date. Bissell Web
Design and the client must work together to complete the website in a
timely manner. We agree to work expeditiously to complete the website no
later than ____________________.
If the client does not supply Bissell Web Design
complete text and graphics content for all web pages contracted within six
weeks of the date that 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 the 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.
8. Payment of Fees. Fees to Bissell
Web Design are due and payable for the
eCommerce Website Design
Package on the
following schedule: 50% upon signing of this contract, 50% when the web
pages have been constructed according to the client's original written
specifications. If the total amount of this contract is less than $600,
the total amount shall be paid upon signing of this contract. Note: Advertising the
pages to web search engines and updating occur only after the final
payment is made. All payments will be made in US funds.
9. Assignment of Project. Bissell
Web Design reserves the right to assign subcontractors to this project
to insure the right fit for the job as well as on-time completion.
10. Legal Stuff. Bissell Web Design
does not warrant that the functions contained in these web pages or the
Internet website will meet the client's requirements or that the operation
of the web pages will be uninterrupted or error-free. The entire risk as to
the quality and performance of the web pages and website is with the client. In
no event will Bissell 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, even if Bissell Web
Design 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
11. 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 Bissell Web Design and its subcontractors
from any claim, suit, penalty, tax, or tariff arising from the client's
exercise of Internet electronic commerce.
12. Copyrights and Trademarks. The
client represents to Bissell Web Design and unconditionally guarantees that
any elements of text, graphics, photos, designs, trademarks, or other
artwork furnished to Bissell 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
Bissell Web Design and its subcontractors from any claim or suit arising
from the use of such elements furnished by the client.
13. Copyright to Web Pages.
Copyright to the finished assembled work of web pages produced by Bissell
Web Design is owned by Bissell Web Design. 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. Bissell Web Design and its subcontractors
retain the right to display graphics and other web design elements as
examples of their work in their respective portfolios.
14. Delinquent Payment. In order for
Bissell Web Design to remain in business, 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. Bissell 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 Bissell
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 Gwinnett County, Georgia, and any dispute will be litigated or
arbitrated in Gwinnett County, Georgia. Please pay on time.
15. Sole Agreement. The agreement
contained in this
eCommerce Website Design Contract constitutes the sole agreement
between Bissell Web Design 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.
16. Initial Payment and Refund Policy.
The total amount of this contract is $____________.
This agreement begins with an initial payment of
$_______. If the client halts work and applies by registered letter
for a refund within 30 days to Bissell Web Design work
completed shall be billed at the hourly rate of $50, 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 the hourly rate of $50. No
portion of this initial payment will be refunded unless written
application is made within 30 days of signing this contract.
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):
On behalf of Bissell Web Design (authorized