| Website Design Project Contract
for __________________________________
1. Authorization. The above-named Client (hereinafter referred to as
"Client") is engaging Batt Industries LLC.,
‘(hereinafter referred to as "Batt Industires"), 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
Batt Industries to access this account,
and authorizes the Hosting Service to provide Batt Industries, 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 Batt Industries to submit the completed Web
Design Project to major
Web Search Engine.
2. Development. This Web Design Project will be developed using various
commercial software products and
proofed by hand.
3. Copyrights and Trademarks. The Client unconditionally guarantees
that any elements of text, graphics, photos,
designs, trademarks, or other artwork furnished, by the client, to Batt
Industries 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 Batt Industries 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.
4. Website Maintenance. This agreement allows for minor website maintenance
to pages over a 3 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 (unless text is
supplied in pre-prepared fom) 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 3 months begins on the date the Client's web design was first
published on the internet. Monthly design
agreement options are available at that time if client relations are
furthered with Batt Industries, LLC.
5. Completion Date. Batt Industries 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 as quickly as possible after
Client has submitted all necessary materials. If the Client does not
supply Batt Industries with complete text and
graphics content for this Web Design Project within 120 days of the
effective date this agreement, the entire deposit
amount of the agreement shall be retained by Batt Industries as liquidated
damages and the contract shall
become null and void, at Batt Industries option, unless the Web Design
Project is cancelled in writing by the
Client within 7 days of the effective date of the agreement.
6. 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 Batt Industries
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 Batt Industries full access to the Client's account via
FTP. The Client will be solely responsible
for any and all hosting service charges.
7. 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 Batt Industries 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.
8. Web Design Project Copyright. Batt Industries will own copyright
to the finished web site created by Batt
Industries, LLC. The Client can use the Web Design Project as a web
site, 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.
Batt Industries, LLC retains the right to display graphics and other
Web design elements as examples of our work in
their respective portfolios. Batt Industries, LLC will only display
the above mentioned if approved by the client in
respectcs to privacy and legal policies mentioned by the client.
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9. Payments. Payments must
be made promptly based on the terms of this Website Design Project. Batt
Industries 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 Batt Industries. Regardless of
the place of signing of this agreement, the Client agrees that for purposes
of venue, this agreement was entered into
in Maricopa County, Arizona, and any dispute will be litigated or arbitrated
in Maricopa County, Arizona, and the
Client hereby consents to the personal jurisdiction of the Arizona 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 and upon the
clients request for these additions. Client must approve additions before
they are uploaded to the internet. All
payments will be made in U.S. Dollars.
10. 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 Batt Industries
agree that the services described in
this contract, and Attachment A, shall be completed for $_______. The
Client agrees to pay to Batt Industries, LLC
an initial, non-refundable deposit of $_______ (normally, 50% of the estimated
total cost or a minimum of $200.00)
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.
11. Legal Notice. Notwithstanding anything to the contrary contained in
this contract, neither Batt Industries
nor any of its employees or agents, warrant that the contents contained
in the Web Design Project will be uninterrupted.
The entire risk as to the quality and performance of the Web Design Project
is with the Client. In no event
will Batt Industries 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 Batt
Industries has been advised of the possibility of such damages. Batt Industries,
LLC does warrant the code, fuctionality,
and structure integritey of the web site as anticipated by the client
as contracted by Batt Industries, LLC.
12. This Agreement. This agreement constitutes the sole agreement between
Batt Industries 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 Batt Industries.
All prices specified in this contract will be honored for 3 months after
both parties sign this contract. Continued
services after that time will require a new agreement. Monthly design
agreements are available if the client relations
are furthered with Batt Industries, LLC.The undersigned hereby agree to
the terms and conditions 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 there to
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
Batt Industries, LLC
By_____________________________________
Date ________________ |