Custom Design Sample Contract

This is a sample contract only - if you decide to use our services, we'll send you a current version via email.

1) Authorization: The client (hereinafter referred to as"client") is engaging Mongoose On The Loose Web Design (hereinafter referred to as "MOTL") as an independent contractor for the specific purpose of developing and/or upgrading a world wide web site to be installed on the client's web space. The client hereby authorizes MOTL to do the work as specified in the completed Client Questionaire, and to upload the site to the client's web space.

2) Time Frame: MOTL and the client agree to work diligently together toward the completion of this project. The client understands that if changes are made to the original work specifications, this date (and the original estimate) may be impacted.

3) Response Time: MOTL will respond to all inquiries within 48 hours. Our primary method of communication is email (mongoose@mongooseontheloose.com).

4) Internet Service Provider: The client may use any provider to host their website. The client will make these arrangements directly with their ISP of choice, and will pay all hosting fees, etc, directly to that ISP. Regardless of the ISP chosen, MOTL is not responsible for the quality or reliability of the client's ISP. MOTL does not warrant that the operation of the website will be uninterrupted or without error. Further, MOTL is not responsible to the client or any third party for damages of any kind arising out of the operation or inability to operate the web site.

5) Copyrights: the client hereby unconditionally guarantees that all text, graphics, photos, trademarks, designs and any other materials provided to MOTL by the client are either owned by the client, or used by permission of the owners of said materials. The client agrees to hold harmless, protect and defend MOTL from any claim or suit arising from the use of these materials. Similarly, MOTL warrants that all graphics and text supplied by MOTL for use in the construction of the site are either owned by MOTL or used with permission.

6) Page Content: MOTL is not responsible for any content the client decides to include on the page. Erroneously displayed information will be corrected within 2 business days of notification.

7) Web Site Copyright: Copyright to all pages in this site, including custom graphics, text and design layout, is held by MOTL until completion and final payment for the project. At that time, the ownership of the site and all the above-listed contents passes to the client. Materials such as CGI programs which were not originally created by MOTL remain the property of their respective owners, and shall be for the client's use only.

8) Subcontractors: MOTL reserves the right to subcontract certain portions of this job to expedite completion, if needed.

9) Changes to the Original Project: Any client changes in the original project that result in additional work for MOTL will be billed to the client at the rate of $95 an hour, above and beyond the estimated site cost.

10) Cancellation of the Project: If the client halts work and applies for a refund within thirty days of signing this agreement, the initial deposit, minus all work completed at $95 an hour, will be returned to the client.

11) Search Engine Registration: MOTL will do an initial round of search engine submission to a number of top search engines and subject-relevant directories. The client realizes that this does not guarantee a listing or particular ranking in any of the submitted search engines. Additional submission work may be necessary at a later date to successfully add the site to some of these search engines. The client may commission MOTL at our regular hourly rate to do this follow-up as needed. Alternately, MOTL can supply a list of appropriate search engines for the client to do submissions follow-up with themselves.

12) Final Approval: Upon completion of the site, the client has 7 days to approve the work. If the client fails to respond within this time frame, MOTL will consider the work approved, and the final payment will be due.

13) Payment: Fees to MOTL are due on the following schedule: a deposit of 50% of the low-end estimate is due upon the signing of this contract; the balance is due upon completion of the project, as defined in the client's original written specifications. Payments will be via credit card (Visa, Mastercard, or Discover) in US funds, to Mongoose On The Loose Web Design. File transfer of the final site to the client's ISP, registration with search engines, and any additional updates, will be done only after the final payment has been made. Final payment will be due 7 calendar days after notification of site completion. A late fee of $25 will be assessed for each week the payment is late. MOTL will assess a $25 charge for any checks that are not cleared through your bank. In addition, the client will be responsible for any bank fees imposed on MOTL's bank account as a result of the client's uncleared check.

For any future work, MOTL will bill the client's credit card for all work done within a given month in the 1st of the following month.

14) Deliverables: Upon clearance of the final payment, MOTL will provide the client with the completed site (via FTP upload to the client's ISP; copy on CD Rom available at client request for $3.00 plus shipping). If requested, MOTL will also provide a schematic of the site, a listing of all the site's file names, and a printout of each page for reference.

15) References: MOTL reserves the right to reference your site in any of its advertising or publicity. MOTL will also place its logo at the bottom of your home page, and a text link to the MOTL home page at the bottom of each additional page on your site.

16) Ongoing Maintenence: Once the project is completed, basic maintenence can be done by MOTL at the current monthly rate, billed in 1/4 hour increments.

17) Sole Agreement: The agreement contained in this "Web Page Design Agreement" constitutes the sole agreement between MOTL and the client regarding this web site. Any additional work not specified in this contract must be authorized by a written change order, and may be subject to additional fees and/or charges.

I warrant that I have the authority to execute this contract on behalf of myself and/or my company, and acknowledge that I have read and understand this contract and have received a copy.

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