Contract

Web Site Design Project Contract
Bang It Designs
Client Information:

 


[Name of Client] _________________

You the client are responsible for checking for updates to this contract.

  • Authorization. The above-named Client (hereinafter referred to as "Client") is engaging Bang It Designs Web Design (hereinafter referred to as "Bang It Designs"), 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". The Client hereby authorizes Bang It Designs to access this account, and authorizes the Hosting Service to provide Bang It Designs and its employee, Marlana (Lana) Wilson, 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.
  • Development. This Web Design Project will be developed to no specific standard nor does it conform to any particular www requirement. The Client has viewed Bang It Designs Web Design Websites prior to signing this document.
  • Browser Compatibility - Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Bang It Designs represents and warrants that the web site we design for you will work in:
  • Microsoft® Internet Explorer versions 3 and up

While Bang It Designs will make reasonable efforts to design a fully-functional web site, Bang It Designs’ warranty does not cover AOL, text-based browsers, e-commerce components, linked pages from 3rd parties (ie: myspace, facebook, profile websites, music websites etc), webcams, speed of page loading or requested special effects that we have advise you against.

  • Accessibility for People with Disabilities – Bang It Designs’ No effort is made to be compatible with any www standard related to web visitors with disabilities.
  • Assignment of Web Design Project. Bang It Designs 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.
  • Copyrights and Trademarks. The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Marlana (Lana) Wilson and/or Bang It Designs 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 Marlana (Lana) Wilson and Bang It Designs 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.
  • Web Site Maintenance. This agreement allows Bang It Designs access for minor web site maintenance per client request.  This maintenance will be provided to the client at our standard professional rate of compensation. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guestbook’s, discussion webs, navigation structure changes, and attempted updates by Client repairs or Web Design Projects delivered to Client via FTP, CD or diskette. The time period begins on the date the Client's web design site is available to be published to Client's hosting service or 30 days from the date this agreement was signed, which ever comes first. If the Client's web design package includes database access using Active Server Pages (ASP), then very minor page code changes will be accepted under this web site maintenance plan, major page code and/or database structural changes will be charged at then hourly rates.
  • Completion Date. Bang It Designs 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 30 days after Client has submitted all necessary materials and access to existing web hosting and passwords and user name. If client does not supply Bang It Designs with complete text, graphics content, passwords or user name for this Web Design Project within 45 days of the effective date this agreement, at Bang It Designs discretion, the entire deposit amount of the agreement may be retained by Bang It Designs as liquidated damages and the contract shall become null and void, at Bang It Designs’ option. Once you have made a deposit either by cash or by electronic deposit to pay for services, you have agreed to hire Bang It Designs to begin work. (There are no refunds). All text, graphics, or other content provided by Client must be provided electronic form approved by Bang It Designs. Failure of Client to provide information requested by Bang It Designs in the form requested in a timely manner in their sole judgment, Bang It Designs may cancel this agreement.
  • Project Delivery. The final web site design project will be published to the Client's hosting service upon receipt of final payment. The Client understands that Bang It Designs itself does not provide any hosting services, but may suggest one. Bang It Designs will provide necessary passwords and user names required to access the website. Bang It Designs is not responsible for providing any special security measures relating to the Client's hosted space. The Client will be solely responsible for any and all hosting service charges. The Client may provide their own servers or alternate hosting service. The client is responsible for any and all charges related to such changes.
  • Publishing: 1) Bang It Designs makes no claims of suitability or correctness to any standard of publishing or Internet Standard. Bang It Designs may charge at its current hourly rate or employ sub-contractors for the effort involved to resolve whatever problems may arise related to problems arising from any damage to the website content. Bang It Designs does not warranty that the website is immune to 3rd party damages, hacking, presence of virus, spyware, etc. and is not responsible in any way for it's presence or removal.
  • Publishing/Work-In-Progress: Bang It Designs may at it's sole discretion publish the in-progress Website Design Project in other than it's final form to allow the Client the benefit/partial use of the Project. This courtesy does not in any way alter the terms of payment or other terms of this agreement.
  • CD: The Client assumes all responsibility for the use and functionality of the Web Design Project.
  • 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 Marlana Wilson and Bang It Designs 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.
  • Web Design Project Copyright. Copyright to the finished web design site portion produced by Bang It Designs will be owned by Marlana Wilson and/or Bang It Designs. The Client will be assigned rights to use the Web Design Project as a web site example, 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. Bang It Designs 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 Bang It Designs Web Design internet website.
  • Payments. Payments must be made promptly based on the terms of this Web Site Design Project. Bang It Designs 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 on the receipt of your deposit. Regardless of the place of signing or receipt of electronic transmission of this agreement, the Client agrees that for purposes of venue, this agreement was entered into in California, and any dispute will be litigated or arbitrated in jurisdiction convenient to Bang It Designs, and the Client hereby consents to the personal jurisdiction of the California 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.
  • Payment Schedule. Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and any Attachments, attached hereto and made a part of this agreement or through use of a Bang It Designs  Addendum. Notwithstanding any prices listed in literature or on Web pages, the Client and Bang It Designs agree that the services described in this contract, and Attachments, shall be completed for $50.00 HR ongoing till client deems the project completed.  The Client agrees to pay to Bang It Designs an initial, non-refundable deposit of 50% of the estimated total cost plus 2.9% paypal or current paypal fees if paid with pay pal) upon execution of this agreement. Final payment is due prior to publication and/or delivery of the Web Site Design Project. All amounts must be in U.S. Dollars.
  • Legal Notice. Not withstanding anything to the contrary contained in this contract, neither Bang It Designs nor any of its employees or agents, warant 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 Marlana Wilson and/or Bang It Designs 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 Bang It Designs has been advised of the possibility of such damages, Bang It Designs does not guarantee page download speed, website bandwidth levels, presence of firewalls, security of any type.

You the client are solely responsible for selecting and hiring Bang It Designs based on either referral or viewing “Bang It Designs” work. Based on this you agree you are satisfied and solely without reservation hiring “Bang It Designs” as your website designer. Any dispute you may have will first be attempted to resolved. If for any reason you feel litigation is needed, you will be responsible for any and all court cost you incur and any cost imposed on "Bang It Designs" and all past due payments you owe “Bang It Designs” which was time incurred to resolve your problem or any work performed for your project.

  • Transfers fees and hosting. If we have as a courtesy allowed you to be on our shared hosting plan with www.bangitdesigns.com, we have the right to charge reasonable hosting fees if we choose. We have the right not to host your site if we choose on our hosting plan.  If you are on our shared hosting plan and decide later you wish not to be included on our shared plan, and wish to be on your own server plan and receive your files, we will charge a $100.00 service fee to either copy your files to DVD or make them available to you through download which ever means is most practical.  If you decide to be on our shared hosting plan, you understand that you will not have any control over down times for maintenance of hosting, you will not receive any passwords and must have all your updates performed through Bang It Designs. You understand you have the right to pay for your own hosting plan where you may retain your own password to enable you to perform your own maintenance of your website. If you require having Bang It Designs transfer any files to you, Bang It Designs will charge a minimum of $100.00 for the service. We urge you to retain your own hosting to avoid these fees.  
  • This Agreement. This agreement and any Addendums constitute the sole agreement between Bang It Designs and the Client regarding this Web Design Project. All prices specified in this contract will be honored for 90 days. Continued services after that time may require a new agreement at Bang It Designs decision.

Even if you do not sign this contract, by contracting Bang It Designs to begin work is your acceptance of this contract and you are in agreement. Your record of payment is also a record of acceptance, no refunds shall be given.
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:
Duly Authorized

Bang It Designs Web Design
By_Marlana Wilson_______________   Date
Marlana (Lana) Wilson
It’s Authorized Representative