Yes, the inevitable fine print, but it's really not so fine. It's 12 pt and easily readable if you're so inclined.
Authorization:
The CLIENT is engaging TAURUS WEBSITE DESIGN as an independent contractor for the specific purpose of developing a World Wide Web site to be installed on the CLIENT’s web space (URL) located on an ISP’s computer. The CLIENT hereby authorizes TAURUS WEBSITE DESIGN to access this ISP account and authorizes the ISP to provide TAURUS WEBSITE DESIGN with any necessary “write permission” for the CLIENT’s web page directory, cgi-bin directory, and any other directories or programs that need to be accessed for this project.
Warranties:
TAURUS WEBSITE DESIGN represents and warrants to the CLIENT that it has the experience and ability to perform the services required by this CONTRACT; that it will perform said services in a professional, competent, and timely manner; that it has the power to enter into and perform this CONTRACT; and that its performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any federal, state, or municipal laws. The CLIENT represents and warrants to TAURUS WEBSITE DESIGN that it will provide CLIENT materials as required in a professional, competent, and timely manner; that it has the power to enter into this CONTRACT; and that its performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any federal, state, or municipal laws.
Standard Website Products and Website Hosting Services:
The standard website development as defined through TAURUS WEBSITE DESIGN is as follows:
Consults: E-mail, phone, in-person consultations: Initial planning/consultation is free.
Pages: Up to 6 web pages - for example, a “Home” page, an “About Us” page, a “Products” page, a “Product Detail” page, a “Frequently Asked Questions” page, a “Contact Us” page.
Text: Final text shall be supplied by the CLIENT. Assistance with copy writing is available, but will require additional charges to be agreed upon.
Links: Internal links to all pages of site as well as external links to outside sites. External links will be limited to 3 per page.
Custom Graphics: Company logo or other top-of-page graphic, bullets, lines, colored or textured background, custom photos, other graphics are included. Additional charges may apply for using a large number of the aforementioned items. Also, stock photos may be used; however, there will be additional fees for web licensing of those photos as well as more custom design work with logo or photos.
Hosting: Site5.com will be used as the Internet Service Provider that will host the site unless the CLIENT has another they wish to use. Installation of the web pages will be to that ISP host’s computer.
Revisions: Up to two revisions of the draft website will be included at no extra cost to create the look and feel that is desired. Further revisions will be billed at the normal hourly rate of $30/hr.
Search Engine Registration: Initial registration to the top search engines, such as Yahoo, Google, Excite, Alta Vista, MSN, and Hot Bot requires a yearly fee depending on the submission service used. At no time does TAURUS WEBSITE DESIGN promise or imply that we guarantee CLIENT’s website a certain rating in the search engines.
The standard website hosting as defined through TAURUS WEBSITE DESIGN is as follows:
Web Hosting: Conducted using the ISP Site5.com or whichever one the CLIENT wishes to use.
Domain Name Search and Advice: If a domain name is needed for the website, TAURUS WEBSITE DESIGN will suggest appropriate names and complete a search to ascertain the availability of those names.
Domain Name Registration: While TAURUS WEBSITE DESIGN will register a domain name in a timely fashion, it does not guarantee that the name will be available at the time of registration. Registration will be completed through Site5.com unless the CLIENT specifies otherwise.
Fees:
TAURUS WEBSITE DESIGN will execute the work on this website design as specified by the CLIENT requirements as terms of this CONTRACT and incorporated in this CONTRACT. Any additional work regarding any part of the website design will be billed at $30/hr.
Maintenance:
This CONTRACT does include minor modifications and corrections requested within a two-week period. Any requests for work above and beyond, such as large modifications and changes to text, photos, graphics, etc., will be billed at $30/hour.
Payment:
All services agreed to in this CONTRACT shall be sold for the price specified between the parties. Payment shall be made by cash, check or money order, in U.S. dollars, and made payable to “ELIZABETH SOMERS”.
Payment Terms:
A minimum deposit of fifty percent (50%) of the design cost is required to commence work. The site will be put on a draft page of TAURUS WEBSITE DESIGN for the CLIENT’s viewing. During this proofing stage, design changes and other corrections will be made according to the instructions of the CLIENT.
Copyrights and Trademarks:
The CLIENT represents to TAURUS WEBSITE DESIGN and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to TAURUS WEBSITE 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 TAURUS WEBSITE DESIGN from any claim or suit arising from the use of such elements furnished by CLIENT.
Limited Liability:
CLIENT hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel. CLIENT hereby agrees to indemnify and hold harmless TAURUS WEBSITE DESIGN from any claim resulting from CLIENT's publication of material or use of those materials. CLIENT hereby agrees to indemnify and hold harmless TAURUS WEBSITE DESIGN in any claim resulting from the submission of illegal materials. If TAURUS WEBSITE DESIGN shall acquire an Internet Domain Name on behalf of the CLIENT, then in such case CLIENT hereby waives any and all claims which it may have against TAURUS WEBSITE DESIGN, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by TAURUS WEBSITE DESIGN for any reason. Under no circumstances, including negligence, shall TAURUS WEBSITE DESIGN, its offices, agents or anyone else involved in creating, producing or distributing its services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Site5.com's services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to TAURUS WEBSITE DESIGN's or Site5.com’s records, programs or services. CLIENT maintains sole responsibility for data backups and restoration (* I will have a backup). CLIENT hereby acknowledges that this paragraph shall apply to all content on TAURUS WEBSITE DESIGN's services. Notwithstanding the above, CLIENT's exclusive remedies for all damages, losses and causes of actions whether in CONTRACT, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which CLIENT paid during the term of this CONTRACT and any reasonable attorney's fee and court costs. Indemnification CLIENT agrees that it shall defend, indemnify, save and hold TAURUS WEBSITE DESIGN harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees, ("Liabilities") asserted against TAURUS WEBSITE DESIGN, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by CLIENT, its agents, employee or assigns. CLIENT agrees to defend, indemnify and hold harmless TAURUS WEBSITE DESIGN against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with TAURUS WEBSITE DESIGN's service, any material supplied by CLIENT infringing on the proprietary rights of a third party, copyright infringement, and any defective product which CLIENT has sold in the website.
Laws Affecting 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 TAURUS WEBSITE DESIGN and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT's use of Internet electronic commerce.
Copyright to Web Pages:
Copyright to the finished assembled work of web pages produced by TAURUS WEBSITE DESIGN is owned by TAURUS WEBSITE 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. TAURUS WEBSITE DESIGN and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
Authorship Credit:
CLIENT may select that TAURUS WEBSITE DESIGN includes a byline and link on the bottom of their Web Page establishing authorship credit. This byline is upon agreement by both CLIENT and TAURUS WEBSITE DESIGN and must be removed at any time upon written or verbal request by either party.
Non-Disclosure:
TAURUS WEBSITE DESIGN, its employees and subcontractors agree that, except as directed by CLIENT, it will not at any time during or after the term of this CONTRACT disclose any Confidential Information to any person whatsoever. Cancellation In the event that work is postponed or cancelled at the request of the CLIENT by registered letter, TAURUS WEBSITE DESIGN shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this CONTRACT. If additional payment is due, this shall be payable within thirty days of the CLIENT's notification to stop work. In the event of cancellation, the CLIENT shall also pay any expenses incurred by TAURUS WEBSITE DESIGN and TAURUS WEBSITE DESIGN shall own all rights to the Work. The CLIENT shall assume responsibility for all collection of legal fees necessitated by default in payment. Refund Policy If the CLIENT applies by a registered letter for a refund within 7 days of signing this CONTRACT, work already completed shall be billed at the hourly rate of $30.00 and deducted from the initial payment. If the work that has been completed is beyond the amount covered in the initial payment, the CLIENT shall be liable to pay for all work completed at the hourly rate of $30.00.
Arbitration:
Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this CONTRACT shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon Arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The CLIENT shall pay all arbitration and court costs, reasonable attorney's fees and legal interest on any award or judgment in favor of TAURUS WEBSITE DESIGN.
Payment of Fees:
In order for TAURUS WEBSITE DESIGN to remain in business, payments must be made promptly. Invoices are due two weeks from receipt. Delinquent bills will be assessed a $15.00 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. TAURUS WEBSITE DESIGN reserves the right to remove web pages from viewing on the Internet upon the 30th day of delinquency, and will reload them when payment is made. In case collection proves necessary, the CLIENT agrees to pay all fees incurred by that process. Regardless of the place of signing of this CONTRACT, the CLIENT agrees that for purposes of venue, this CONTRACT was entered into in HILLSBOROUGH County, FLORIDA, and any dispute will be litigated or arbitrated in HILLSBOROUGH County, FLORIDA.
Entire Understanding:
This CONTRACT constitutes the sole agreement between TAURUS WEBSITE DESIGN and the CLIENT regarding design of web pages for publication to the internet. It becomes effective only when signed by both parties. This CONTRACT shall be governed and construed in accordance with the laws of the State of FLORIDA. The parties agree that if any part, term, or provision of this Agreement shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected thereby.
