 WebGuy CommunicationsBusiness Internet Services
Web Site Design Agreement
This WebGuy Communications Business Services Web Site Design Agreement is made and entered into this _____ day of ______________, 201__, by and between WebGuy Communications, hereinafter "WebGuy Communications", who's business address is PO Box 720602, Oklahoma City, OK 73172-0602; and the undersigned company located at ______________________________________________, Attention: ___________________ (Customer Contact).
Please read through carefully before applying your signature in ink and returning TWO COPIES to WebGuy Communications either in person or at the address specified below. Please note that we do not accept faxed or photocopied signatures. You must provide WebGuy.com with TWO signed original copies of this agreement. WebGuy will sign one and return it to you.
Payment Terms
All payments must be received by cash, credit card or company check, unless a prior arrangement has been agreed in writing with an authorized signature of WebGuy Communications. Web Hosting fees, domain name registration or transfer fees, if applicable, are payable in advance and cannot be applied to design work. No work shall commence on your website until your
commitment fee has been received and cleared by WebGuy Communications' banking facilities. WebGuy Communications reserves the right to adjust the final invoice amount in cases where your requirements have changed since the initial quote. Invoices are due on receipt. Invoices are late after 10 days and are subject to publically posted late fees. In no event shall full payment for all services herein contracted be delayed beyond sixty days from the date on which the web design committment fee is paid. In the event no commitment fee is required, the balance due under this agreement shall be due within sixty days of the date this agreement is signed by both parties.
Pricing
Pricing for the web site design work herein provided to Customer by WebGuy Communications shall be based on the written price structure, if any, previously quoted, WebGuy's retail pricing publically available by searching the WebGuy Communications web site, or a combination of both. Any additional web pages, programming, textual content, graphics, media, modules, components, attachments, articles, flyers, binary, text or other electronic data of any type requested during the web site design process by Customer, not specifically listed in the original quote, will be charged based on current publically posted pricing available at http://pricing.webguy.com. For the purpose of this agreement, a web page shall be defined as one printed 8 1/2 x 11 (or smaller) page. Since web site pages can scroll indefintely, it is possible for one web page to produce multiple 8 1/2 x 11 pages when printed.
Refunds
Once this agreement is executed and the deposit is paid, WebGuy Communications cannot refund your payment(s). Unused web hosting payments, however, will be credited to your account or refunded for any period of time exceeding thirty days (30) past the date on which pre-paid web hosting was cancelled. Such refund of prepaid web site hosting, if any, will be subject to Customer fulfillment of each of the terms and conditions of WebGuy Communications' Terms of Use and Acceptable Use Policies. All web design, domain registration and other setup fees paid under this agreement are non-refundable.
Changes, Corrections and Updates
For the purpose of this agreement,
Changes: shall be defined as alterations to the web site that differ from the original content and/or design specification provided. (e.g. additional pages not originally called for, changes to text originally specified by Customer.)
Corrections: shall be defined as alterations to the web site necessary to make it match the original content and/or design specification as provided by Customer. (e.g. changes to text as a result of a typo or other deviation from that which was originally specified by Customer.)
Updates: shall be defined as minor alterations to the textual content in the body area of a web page. In situations where more than 50% of the words contained in a web page are changed, such page is considered a new page and the applicable "per page" rate will apply.
Unless Customer has purchased Web Site Maintenance from WebGuy Communications, the cost of your web design includes Minor Updates to the textual content of your site for a period of 30 days from the original publish date at WebGuy's privately held staging server. The addition of new pages or the addition to an existing page that causes it to become large enough to create a new page are not considered minor updates, but rather new, billable pages. Changes are billable while corrections are not.
Any minor updates requested after this time (that are not considered as resolving faults in implementing Customer's initial design) are charged at WebGuy Communications' standard rate of $125.00 per page.
Copyrights
You are solely responsible for ensuring that all images that you request to be placed upon your website are free from copyright and that you have the appropriate rights to use those images. WebGuy Communications retains the copyright and ownership of your website and/or domain name until such time that your final payment has been received and cleared by WebGuy Communications' banking facilities. WebGuy Communications reserves the right to remove any published web design in the case of defaults on payments. Should your payment be reversed or otherwise cancelled the copyright ownership of your web site reverts back to WebGuy Communications and this document shall serve as sufficient authorization to have your current web site removed from any third party web hosting company until your account is paid in full.
Support
Where WebGuy Communications is required to cooperate with external companies on your behalf, e.g. web hosting companies, copywriters, graphic designers, etc., this time will be added to your final web design invoice at a rate of $125.00 per hour unless otherwise agreed in advance. WebGuy Communications provides support strictly in relation to your web design between the hours of 08:00 AM to 6:00 PM, Monday through Friday. Any inquiries made outside of these hours will be carried forward to the next working day. Where support is required for issues that are not strictly in relation to web design performed by WebGuy Communications, (e.g. FTP client software, web hosting or web server setup or configuration questions) then a charge of $125.00 per hour will be invoiced to you. WebGuy Communications shall not be liable for providing support to subsequent web hosts. Where such support is required, a charge of $125.00 per hour will be invoiced to you.
Publishing
Throughout your web design, WebGuy Communications will publish your site to a privately held server at WebGuy Communications. If WebGuy is not your web host at the time of your initial web site design, your final web design will be published to one web server only of your choice. You are responsible for ensuring that all FTP/FrontPage user and password details are supplied to WebGuy Communications before the scheduled publish date unless of course WebGuy web servers are hosting you. You may not disclose the address of the WebGuy Communications server to any third party outside of your company. Where our private domain is revealed to a third party, WebGuy Communications reserves the right to invoice you for the cost of purchasing a new private domain and any administration fees incurred during that process. One CD, containing all files and directory structures within your website, will be provided to you after successful completion of your web design. This cost is included within your web design. Where replacement or additional CDs are required, a charge of $15.00 per CD will be invoiced to you.
Signature
WebGuy Communications shall place a small and unobtrusive "Powered by WebGuy Communications" text and/or button signature or "Designed by WebGuy Communications" text and/or button signature at the base of your web pages, with a link to the WebGuy Communications website. The text portion of the signature shall be no larger than the size of the main body text, nor be placed above, in relationship to any other text on your web page(s). Where the WebGuy Communications signature is not desired, you may request removal at the sacrifice of any web design discounts afforded to you by WebGuy Communications. You may not modify the link contained within the signature or button without prior written approval from WebGuy Communications. In situations where the aesthetics of your web design has changed significantly since WebGuy's Original web site design, WebGuy Communications reserves the right to ask Customer to remove the signature(s).
Advertisign
WebGuy Communications reserves the right to place a copy of your site or other suitable representation of your web design in it's web design portfolio, which may be viewed by any visitor of the WebGuy Communications website(s). WebGuy Communications reserves the right to highlight or profile your web design in the WebGuy Communications newsletters and WebGuy Communications web pages. WebGuy Communications reserves the right to publish any non-confidential or non-sensitive information sent directly to WebGuy Communications, in relation to comments regarding your web design, upon any of the WebGuy Communications domains. WebGuy Communications reserves the right to publish the retail price of your web site as it may exist now or at any point in the future. Said retail price may not be what you paid, but it will reflect the retail value of the web site at current WebGuy Communications' pricing.
Privacy
WebGuy Communications shall never knowingly release, in any format, sensitive or private information to any third party, without your prior written consent, unless instructed to do so by a recognized legal authority under Oklahoma law. WebGuy Communications shall not share information learned about your company throughout the web design process with any other party. Any sensitive or private material supplied by you in relation to your web design shall either be returned to you or destroyed after the sign-off of your web design.
Support
Where you require WebGuy Communications to attend conferences or meetings at your business location or other location of your choosing, you will be invoiced at a rate of $125.00 per visit to include up to two hours of consultation. Where located more than 50 miles outside of Oklahoma City, OK, travel costs will also be invoiced to you. Where overnight accommodation is required, you may pre-arrange a suitable and clean accommodation local to your company. You are required to meet the cost of overnight accommodation.
Written Content
Unless specifically indicated on your Web Design Specification sheet, Customer is solely responsible for providing WebGuy Communications with written content required for the Web Site electronically (e.g. in an MS Word or WordPerfect document, text file). Such content shall be free from formatting, when possible, without indents, bold, centered or other layout attributes. Such content shall also be provided complete and in it's entirety before any work shall commence on the Web Site. Such written content shall be free from spelling and grammatical errors and should read the way that you want it to read before providing it to WebGuy Communications. Changes, spellchecking or other corrections to this content after it has been provided to WebGuy Communications is subject to billing at WebGuy's publically posted hourly rate.
I confirm that I have read, understand and agree to be bound by WebGuy Communications' Terms of Use, Acceptable Use Policies and the terms and conditions as outlined within this legally binding agreement between myself/company and WebGuy Communications.
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twenty-five percent (25%)