Design Contract

Salt Lake Web Central Web Design and Hosting Contract

This CONTRACT including its attachment of the Web Design Proposal dated today:                                              provides  ("CLIENT")                                              and SLWC with a formal, binding understanding and agreement to purposes and goals. The terms follow:

1. Engagement: ("CLIENT") is engaging Salt Lake Web Central (“SLWC”), located at 9149 S. 150 W. Suite A (Monroe Plaza) Sandy, Utah 84070, as an independent contractor for the specific project of designing and implementing a web site for installation by Salt Lake Web Hosting.
   
   
2. Warranties: SLWC represents and warrants to CLIENT that it has the experience and ability to perform the services required by this CONTRACT; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this CONTRACT; and that its performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. However, CLIENT will not determine or exercise control as to general procedures or formats necessary to have these services meet CLIENT's satisfaction. The CLIENT represents and warrants to SLWC that it will provide CLIENT materials as required in a professional, competent, and timely manner; that it has the power to enter into this CONTRACT on behalf of CLIENT; and that its performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any federal, state or municipal laws.
   
   
3. Web Design Contract Components:
   1. Design Consultation: One design consultation is included in this contract usually prior to preparation of the proposal.  The purpose of this consultation is to discover client needs and plan the web site design using the Web Design Quote sheet.  Additional consultations will be charged at an hourly rate of $60 (or current rate) and are not included in this contract. These consultations may be in person or by phone.
      
      
   2. Textual Content: Textual content will be supplied already composed and typed by CLIENT in digital format. CLIENT may elect to hire SLWC for copy writing services outside of this CONTRACT at a rate of $90 (or current rate) per hour.
      
      
   3. Photographs: Photographs will be supplied by CLIENT in digital or print format.  Scanning in excess of three photographs per page is in addition to the price set forth in this contract and will be billed at $10.00 per scanned image. CLIENT may elect to purchase stock photographs to be used on the web site. SLWC can suggest vendors of stock photography. Time spent by SLWC searching for appropriate stock photographs is in addition to the price set forth in this contract and will be billed at an hourly rate of $75 (or current rate).
      
      
   4. Graphical Content: Each page to contain company logo if desired by CLIENT.  Logo is to be provided by CLIENT.  CLIENT may elect to hire SLWC to design a logo outside of this contract at a rate of $500 unless stated otherwise in proposal.  Other graphics can include custom designed navigation, buttons, lines, bullets, and rollovers.  SLWC will prepare a draft layout containing proposed custom designed graphics.  A maximum of three revisions to the draft layout will be included at no extra cost to create the look and feel that is desired. Further revisions will be billed at the normal hourly rate of $75 (or current rate).
   5. Links: SLWC will add links to external sites and pages when appropriate, at the request of the client.
      
      
   6. Upload: Development of website will take place on the SLWC server.  SLWC will host website at current rates billed annually unless client chooses to use their own web hosting, we will then upload the completed website to the CLIENT'S contracted web hosting account upon receipt of final payment from CLIENT.
      
      
   7. Minor Updates and Changes: Minor updates and changes to existing web pages are included for up to 30 days following completion of website. Minor updates and changes are defined as updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text. If the CLIENT or any agent other than SLWC attempts to update the CLIENT's pages during this time, time to repair the web pages will be assessed at the hourly rate of $75 (or current rate) for HTML and $100 (or current rate) for programming and is not included as part of the modification time.
      
      
   8. Change Orders: After this CONTRACT is signed any major changes to the proposed design will require a CHANGE ORDER which will become an addendum to this contract.  Major updates and changes are defined as adding additional pages, custom graphics and/or functionality to the site outside of what is outlined in the proposal and initial design layout.
      
      
   9. E-mail: Response links to an email address specified by CLIENT can be included on any page as requested by CLIENT.
      
      
4. Post-Launch Additions: The addition of web pages, graphics, functionality, photos and any other content after the completion and launch of the website will require a separate proposal and contract.
   
   
5. CLIENT may contract SLWC Web Design to provide maintenance services for the website after the two week minor update period has expired. Maintenance services are available by the hour (@ $75 per hour or current rate charged by SLWC whichever is greater) or by separate maintenance agreement.
6. Submitted Content: SLWC will endeavor to meet specified deadlines laid out in the web design Quote sheet. Client will be bound to the dates set out there. Please make every effort to submit completed content and approvals by agreed upon deadlines. SLWC will not be responsible if target launch date cannot be met due to late submission of materials by Client.
   
   
7. Web Hosting: SLWC will provide web hosting under the terms and prices listed at www.saltlakewebhost.com and Client understands that the use of any other web hosting services require a separate contract with that web hosting service and the web hosting service must allow SLWC full access to the web site and cgi-bin directory via FTP.  If ASP programming will be utilized on CLIENT's site the server will need to be running in a Microsoft NT environment with ASP server extensions properly installed.  (Any issues with other web hosting companies that SLWC has to work out, will be billed at $60.00 per hour (or current rate))
   
   
8. Launch Date: SLWC and Client must work together to complete the elements of the web site in a timely manner. We agree to work expeditiously to complete the web site by Target Date Here, subject to date of receipt of signed contract and all materials from Client. Otherwise, this site shall be completed in number of weeks or days from the date of signing this contract.
   
   
9. Payment Schedule: Fees to SLWC are due and payable on the following schedule.
   1. 1/2 due upon signing this contract
   2. Balance due upon completion of web site. (Client delays will not affect final payment date) All payments will be made in US funds. SLWC promises to complete all work by this date, subject to approval and receipt of all materials from Client.  All final payment shall be due on agreed-upon date, regardless of delays by Client.  However, if SLWC is delayed due to circumstances beyond his or her control, contract completion and required final payment will be postponed to a new agreed-upon date.  At that new date, all fees will be due.
      
      
10. Third Party Consultants and Sub-Contractors: SLWC reserves the right to contract third party
    consultants without the approval of Client to the right fit for the job as well as on-time completion.
    
    
11. Guarantees. Subservient to the other provisions of this contract, we guarantee all of our design and development work by giving you unlimited final revisions relating only to the scope of work set forth in the original contract, and any mutually agreed upon agreements in writing and executed by the Parties. We will also continue working on the website until you have achieved satisfaction. “Satisfaction” is defined as the successful completion and operation of the features outlined in the approved, contracted for, scope of work. We also guarantee an increase of traffic (all other conditions being equal), an increase in page views, a lower bounce rate than before, and FREE hosting until the scope of work is completed.
    
    
12. Legal Issues: Except for the provisions of paragraph 11 above, SLWC does not guarantee that the functions contained in the web pages or the web site will meet the extra-contractual Client's requirements or that the operation of the web site will be uninterrupted or error-free 100 percent of the time. The entire risk as to the quality and performance of the web site and pages therein is with the client. In no event will SLWC be liable to Client or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if SLWC has been advised of the possibilities 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.
    
    
13. Copyrights and Trademarks: Client represents to SLWC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to SLWC for inclusion in the web site are either owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend SLWC   from any claim or suit arising from the use of such elements furnished by Client.
    
    
14. Copyright to web pages: When final payment is received and web pages are published to Client's web host account the Copyright to the pages will be as follows: Logos, banners, buttons and other graphics created by SLWC, for Client, are owned and copyrighted by SLWC. SLWC is not required to keep or provide client with native source files used in the creation of these graphics. Content and photographs provided by Client are owned and copyrighted by Client or respective owners who have granted use rights to Client. HTML code and server side and browser side scripting is owned by SLWC and its licensors and is licensed to Client for use on this web site only. Client is not permitted to use these scripts elsewhere or sell them to a third party. SLWC reserves the right to display and link to completed web site as part of a web design portfolio.
    
    
15. Payment of Fees: In order for SLWC to remain in business, payments must be made in a timely manner. Payments are due by the dates outlined in this contract or web design quote sheet. Outstanding balances that are 30 days past due will be assessed a late fee of 1.5% per each month of delinquency.  SLWC reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, Client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by SLWC regardless of the place of signing of this agreement, Client agrees that for purposes of venue, this contract was entered into in Murray, Utah, and any dispute will be litigated in Murray, Utah. 
    
    
16. Sole Agreement: The agreement contained in this "Web Design Contract" constitutes the sole agreement between SLWC and Client regarding this web site. Any additional work not specified in this contract or web design quote sheet must be authorized by 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 date will require a new agreement.
    
    
17. Initial Payment and Refund Policy: This contract becomes binding with an initial payment in the amount of 1/2 of total amount of contract. If Client halts work and applies by registered letter for a refund within thirty days of date of contract, work completed shall be billed at the hourly rate stated ($90.00 per hour), and deducted from the initial payment, the balance of which shall be paid back to Client. If, at the time of request for refund, work has been completed beyond the amount covered by the initial payment, Client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.
    
    
18. Price: $                                      USD or as emailed. The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.
    
    
    

____________________________________________________ Date: _________________

On behalf of the Client (authorized signature):

____________________________________________________ Date: _________________

SLWC   (authorized signature):