wmo legal
design Policy
Last Updated: 7/2012
Website, ads, interactive, game and ecommerce & print design polocy(This information will be in part or full included in your actual contract)
1. Authorization.
The above-named client is engaging
Webmercialonline, located
at 2300 Main, Two Pershing
Square, Kansas City Mo.
64108, as an independent
contractor for the specific
project of developing and/or
improving a World Wide
website to be installed
on the client's web space
on a web hosting service's
computer. The client hereby
authorizes Webmercialonline
to access this account,
and authorizes the web
hosting service to provide
Webmercialonline with "write
permission" for the
client's webpage directory,
cgi-bin directory, and
any other directories or
programs which need to
be accessed for this project.
The client also authorizes
Webmercialonline to publicize
their completed website
to Web search engines,
as well as other Web directories
and indexes.
2.
Online stores only
(Cross
out this section for Standard
Website Packages.) The
text and graphic content
of the web pages will be
supplied by the client
and executed as specified
by the client in the "webpage
Planning Worksheet" dated
_______________. and the
Store Planning Worksheet
dated _____________. It
is understood that total
prices calculated below
are likely to vary from
the final amount due to
different quantities of
products, categories, photos,
regular pages, etc. in
the final store. An Estimate
from Webmercialonline dated
____________ is attached
to this document and governs
the prices for this contract.
Notwithstanding any prices
listed in literature or
on web pages, the client
and Webmercialonline agree
that the services described
above in this section shall
be completed for $ n/a and
upon this amount the first
payment shall be determined.
The final payment shall
reflect and include all
elements actually completed
at the prices attached.
We include e-mail/phone
consultation of up to
2 hours total general
Internet orientation
education, marketing
strategy, Web design
consultation, and helping
clients learn to use
the store software. Telephone
long distance charges
are in addition to package
rates quoted. Additional
education and consultation
is at our hourly rate.)
Product web pages, products,
or photos added after
the store is ready for
advertising to the Web
search engines will be
calculated for actual
time spent at the hourly
rate specified below.
3. Maintenance and Hourly Rate
This
agreement includes minor
webpage maintenance to
regular web pages (not
store product pages) over
a six-month period, including
updating links and making
minor changes to a sentence
or paragraph. It does not
including removing nearly
all the text from a page
and replacing it with new
text. If the client or
an agent other than Webmercialonline
attempts updating the client's
pages, time to repair web
pages will be assessed
at the hourly rate, and
is not included as part
of the updating time. The
six-month maintenance period
commences upon the date
the client signs this contract.
Changes requested by
the client beyond those
limits will be billed
at the hourly rate of
$ 75.00. This rate shall
also govern additional
work authorized beyond
the maximums specified
above for such services
as general Internet orientation
education, marketing
consulting, webpage design,
editing, modifying product
pages and databases in
an online store, and
art, photo, graphics
services, and helping
clients learn how to
use their own webpage
editor. CGI or PHP programming
charges (if any) are
not included in this
rate.
4. Changes to Submitted Text
Please send us your final text. Time required to make substantive changes to client-submitted text after the web pages have been constructed will be additional, billed at the hourly rate.
5. Web Hosting
The client understands that any web hosting services require a separate contract with a web hosting service. The client agrees to select a web hosting service which allows Webmercialonline full access to the website and a cgi-bin directory via FTP and telnet. The client further understands that if the web hosting service's operating system is not a Linux system, standard CGI software may not work, and providing a substitute may incur additional charges.
6. Completion Date
Webmercialonline
and the client must work
together to complete the
website in a timely manner.
We agree to work expeditiously
to complete the website no
later than DATE (If
approvals are made within
24hrs of WMO submission and
this contract is signed on
or before DATE for COMPANY website
needs, and Pending for COMPANY website
design.
If the client does not
supply Webmercialonline
complete text and graphics
content all web pages contracted
for within six weeks of
the date this contract
was signed, the entire
amount of the contract
becomes due and payable.
If the client has not submitted
complete text and graphics
content within two months
after signing of this contract,
an additional continuation
fee of 10% of the total
contract price will also
be assessed each month
until the website is advertised.
7. Payment of Fees.
Fees to Webmercialonline are due and payable on the following schedule: 50% upon signing this contract, 50% when the web pages have been constructed according to the client's original written or agreed specifications. If the total amount of this contract is less than $600, the total amount shall be paid upon signing this contract. In case the client has not secured Web space on a web hosting service by the time the web pages are completed, the web pages may be delivered to the client on diskette or attached to an e-mail message. Advertising the pages to Web search engines and updating occur only after the final payment is made. All payments will be made in US funds. See billing policy for more details.
8. Assignment of Project
Webmercialonline reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
9. Legal Stuff
Webmercialonline does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will Webmercialonline be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Webmercialonline has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
10. Copyrights and Trademarks
The client represents to Webmercialonline and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Webmercialonline 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 Webmercialonline and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
11. Laws Affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet 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 Webmercialonline and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
12. Copyright to Web pages
Copyright to the finished assembled work of web pages produced by Webmercialonline is owned by Webmercialonline. 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. Webmercialonline and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
13. Payment of fees
In order for Webmercialonline to remain in business, payments must be made promptly.
Delinquent bills will be assessed a $15 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. Webmercialonline reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by Webmercialonline. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Kansas City MO, and any dispute will be litigated or arbitrated in Kansas City MO. Please pay on time.
14. Sole Agreement
The agreement contained in this "Website Design Contract" constitutes the sole agreement between Webmercialonline and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for six (6) months after both parties sign this contract. Continued services after that time will require a new agreement.