Project Terms

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Website Design Project Contract

Client Name:

1. Authorization.  The above-named Client (hereinafter referred to as "Client") is engaging MMS Consulting as an independent contractor for the specific purpose of designing a World Wide Web site (hereinafter referred to as "Web Design Project") to be published on the Client's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, hereinafter refer to as "Hosting Service", or provided on diskette at the Client's option. The Client hereby authorizes MMS Consulting to access this account, and authorizes the Hosting Service to provide MMS Consulting, with "full access" to the Client's account, and any other programs needed for this Web Design Project that are included as part of the Client's service agreement/level. The Client also authorizes MMS Consulting to submit the completed Web Design Project to major Web Search Engines.

2. Warranties.  MMS Consulting represents and warrants to the client that it has the experience and ability to perform the services required by the final contract; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform the final contract; and that its performance of the final contract shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. However, the client will not determine or exercise control as to general procedures or formats necessary to have these services meet the client's satisfaction.

   The Client represents and warrants to MMS Consulting that it will provide Client materials as required in a professional, competent, and timely manner; that it has the power to enter into agreement on behalf of the Client; and that its performance of the final contract shall not infringe upon or violate the rights of any third party or violate any federal, state, and municipal laws.

   Standard Web Site Products and Hosting Services:

   The standard Web Design Project as defined through MMS Consulting is as follows:

   • E-mail/phone consultation.    (Initial planning/development consultation is free)
   • Consultation.    Up to two hours total general Internet orientation, education, marketing strategy, and Web design consultation. Additional education and consultation is at our hourly rate of $25.
   • Pages.   Up to ten web pages - for example a home page, directions page, about us page, etc.
   • Design Drafts.   MMS Consulting will create up to two draft image versions of the web site after the non-refundable deposit has been paid. The client may add, merge, modify or delete elements from either draft to create the final design.
   • Text.   Final text shall be supplied by the Client.
   • Custom graphics.    Company logo or other header graphic, bullets, lines, colored, textured, or image background as well as two photos or graphics per page is included. Beyond the two photos or graphics per page, an extra charge will apply for scanning services, photography, and graphic design and modification.
   • Publication.    Installation of Web pages on the Client's ISP host computer.
   • Layout Revisions.    A maximum of two layout revisions to the draft Web site will be included at no extra cost to create the look and feel that is desired. Further revisions will be billed at the normal rate of $25 per hour.
   • Style Changes.   Minor style changes are free for one month from completion of Web site.

   The standard Hosting Service as defined through MMS Consulting is as follows:

   • Domain name search and advice.   If a domain name is needed for the Web site, MMS Consulting will suggest appropriate names and do a search to ascertain the availability of those names. The determination of a domain name's availability does not guarantee it will still be available at the time of registration.
   • Domain name registration or transfer.   If needed, MMS Consulting will complete the necessary forms to register or transfer a domain name as selected by the Client. Although MMS Consulting will submit forms to register a requested domain name in a timely fashion, MMS Consulting does not guarantee the availability of any domain name.
   • Spam.    The sending of spam, or Unsolicited Bulk E-mail, is not permitted on accounts hosted by MMS Consulting.
   • Hosting Services.   Hosting Service includes server space for Client's web site, 20 e-mail addresses, and 5 style changes per year for websites created by MMS Consulting. (Font, color, image, and text changes only).
   • Annual Contract.   Hosting Service runs from the beginning of the Client's contract for a period of one year, at which time it will be automatically renewed for each subsequent year under the same agreement and cost set forth in this contract.

3. Development.    This Web Design Project will be developed using various commercial software products and proofed by hand.

   • Browser Compatibility.   Designing a website to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. MMS Consulting represents and warrants that the website we design for you will work in the browsers that the majority of web users utilize according to the latest stats at http://www.thecounter.com/stats/. As of October, 2007 this includes:

     Microsoft Internet Explorer 6 and 7
     Mozilla Firefox
     

     While MMS Consulting will make reasonable efforts to design a fully functional website, MMS Consulting' warrantee does not cover AOL, text-based browsers or requested special effects that we have advise against.

   • Accessibility for People with Disabilities.  MMS Consulting' standard is to meet at least half the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.

4. Assignment of Web Design Project.  MMS Consulting reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion.

5. Copyrights and Trademarks.  The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to MMS Consulting for inclusion in the Web Design Project 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, indemnify and defend MMS Consulting and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.

6. Website Maintenance.  This agreement allows for minor website maintenance to pages over a 1 month period, up to an average of one half hour per regular web page, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guestbooks, discussion webs, navigation structure changes, attempted updates by Client repairs or Web Design Projects delivered to Client via diskette. The period of 1 month begins on the date the Client's web design site is available to be published to Client's hosting service. After the 1 month period is over, the client is allotted 5 minor style changes free of charge. Minor style changes include fonts, colors, images, and text updates.

7. Completion Date.   MMS Consulting and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project no later than 45 days after Client has submitted all necessary materials. If the Client does not supply MMS Consulting with complete text and graphics content for this Web Design Project within 60 days of the effective date this agreement, the entire deposit amount of the agreement shall be retained by MMS Consulting as liquidated damages and the contract shall become null and void, at MMS Consulting' option, unless the Web Design Project is cancelled in writing by the Client prior to 60 days of the effective date of the agreement.

8. Project Delivery.   The final website design project will be published to the Client's hosting service upon receipt of final payment or delivered via diskette upon the receipt of full payment. The Client understands that MMS Consulting does not provide any hosting services in connection with this Web Design Project. Hosting services require a separate contract with the hosting service of the Client's choice. The Client agrees to select a hosting service, which allows MMS Consulting full access to the Client's account via FTP. The Client will be solely responsible for any and all hosting service charges.

9. Electronic Commerce Laws.  The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend MMS Consulting and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

10. Web Design Project Copyright.  MMS Consulting will own copyright to the finished web design site produced by MMS Consulting. The Client will be assigned rights to use the Web Design Project as a website, once final payment under this agreement and any additional charges incurred have been paid. 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. MMS Consulting and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. All Web Design Projects will contain a copyright/legal statement with a link to MMS Consulting's Web Site.

11. Payments.   Payments must be made promptly based on the terms of this Website Design Project. MMS Consulting reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred by that process. This agreement becomes effective only when signed by MMS Consulting. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into in Travis County, Texas, and any dispute will be litigated or arbitrated in Travis County, Texas and the Client hereby consents to the personal jurisdiction of the Texas State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. Adding of Meta Tags (Description and Keywords) and the submission of the Web Design Project to Web search engines and updating occur only after the full final payment is made. All payments will be made in U.S. Dollars.

12. Payment Schedule.   Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and Attachment A, attached hereto and made a part of this agreement hereof. Notwithstanding any prices listed in literature or on Web pages, the Client and MMS Consulting agree that the services described in this contract, and Attachment A, shall be completed for $_______. The Client agrees to pay to MMS Consulting an initial, non-refundable deposit of $50.00 upon execution of this agreement. Final payment is due prior to publication and/or delivery of the Website Design Project. All amounts must be in U.S. Dollars.

13. Legal Notice.   Notwithstanding anything to the contrary contained in this contract, neither MMS Consulting nor any of its employees or agents, warrant that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will MMS Consulting be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor's computer or internet software, even if MMS Consulting has been advised of the possibility of such damages.

14. This Agreement.   This agreement constitutes the sole agreement between MMS Consulting and the Client regarding this Web Design Project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by both Client and MMS Consulting. All prices specified in this contract will be honored for 6 months after both parties sign this contract. Continued services after that time will require a new agreement.

The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

AGREED TO:
Client:
By_____________________________________
Date ________________
Name:
Title:
Address:
Social Security/Tax I.D. Number:
Duly Authorized

MMS Consulting
By_____________________________________
Date ________________