WFM Web Site Design Terms & Conditions

Whereas, Client wishes Consultant to create the Website described more fully herein; and Whereas, Consultant wishes to create such Website; Now, therefore, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows:  

Description of Website:

The document called the “Website Application” will describe the Website that is required of Consultant for the Client.

Payment Schedule:

1. Deposit – the deposit is to be paid prior to any work being done.
2. Balance – the balance is due in 10 business days (2 weeks) or upon completion of the website (whichever comes first).
3. Additional Fee – any additional fee accrued between the deposit and balance will be paid added to the balance.

 

Due Dates:

Consultant agrees to deliver samples of design on the following dates:

1. Draft (5 days after deposit)
2.  ^2nd Draft (5 days after “Date all materials will be handed in by”)
3. Final (10 days after “Date all materials will be handed in by”)

Fees & Additional Services:

Changes in client input or direction or excessive changes will be charged at $25.00 per hour. Any Website the Client wishes Consultant to create, which is not specified in the attached “Website Application” will be considered an additional service. Such Website shall require a separate Agreement and payment separate from and above that specified in this Agreement.

Expenses:

Client agrees to reimburse Consultant for any of the following expenses necessary in completion of the Website: (e.g. Fonts, Messengers, Proofs, Props, Research, Shipping, Software, Stock photography, Travel, Telephone Consultation)

Assignment of Website:

Consultant reserves the right to assign other designers or subcontractors to the Website to ensure quality and on-time completion.

Reservation of Rights:

All rights not expressly granted hereunder are reserved to Consultant, including but not limited to all rights in sketches, comps, or other preliminary materials.

Permissions and Releases:

The Client agrees to indemnify and hold harmless Consultant against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Website at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.

Publication:

The Client may publish or disclose information regarding the Website and shall acknowledge the support of Consultant in all such publications. The Client will not use the name of Consultant, in any advertising or publicity without the prior written approval from the Consultant.  The Consultant will not use the name of Client, in any advertising or publicity without the prior written approval from the Client.

Copyright Notice:

Copyright to the finished assembled Website and webpages produced by Consultant is owned by Consultant. 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, media, source code, Website-up files, and computer programs, etc. are specifically not transferred to the client (unless originally belonging to the Client), and shall remain the property of their respective owners. Consultant and its subcontractors retain the right to display graphics and other Web design elements as examples of their Website in their respective portfolios.

Termination:

Either party may terminate this Agreement by giving 5 days written notice to the other of such termination. In the event that Website is postponed or terminated at the request of the Client, Consultant shall have the right to bill pro rata for Website completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within 10 business days of the Client's written notification to stop Website. In the event of termination, the Client shall also pay any expenses incurred by Consultant and the Consultant shall own all rights to the Website. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment. The Client and Consultant are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party.  Neither the Client nor Consultant has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other. 10 Days Free Hosting and Basic Support: Once your website goes live we will not begin hosting and/or webmastering fees until 10 days have elapsed. Any minor edits and changes the needs to be done to the website will be done free of charge. After the 10 days has elapsed, the client can choose to have us host, and /or webmaster their website, or the client can choose to have another host and /or webmaster their website. Our Basic Hosting is $9.95 per month (this does not include webmastering), and our Hosting and Webmastering Package is $49.95 per month. If you o not have the Hosing and Webmastering Package, all work is accepted on a per request basis and start at $49.95.   All edits, updates and webmaster request are to be made via our Online Webmaster Request Form at: http://worldfairmall.com/category/web-design/webmaster-request-form/   NOTE: No Webmaster Work Requests verbally or by Phone.