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In consideration
for Client retaining Custom Websites
to design or redesign, build,
and/or maintain a website for Client,
it is agreed as follows:
1.
Compensation and Term
The "Client"
retains Custom Websites, and Custom
Websites agrees to perform the
following services: designing or
redesigning, and/or building, and/or
maintaining a website for the Client
according to “specifications agreed
upon” and detailed at the bottom of
the contract, between Custom Websites
and Client or on the "Quote" provided
to Client.
Client is solely
responsible for supplying website
content and images. Any products
or services not specified in this
contract are not required of Custom
Websites.
The following
fees shall apply:
The fee is
determined by the package selected.
The first and last months’ payments
are due after initial consultation and
before work is begun. The initial term
of the lease is 24 months. At the end
of 24 months, the lease will
automatically renew at 3 month
intervals unless written notice is
provided 60 days prior to the end on
the lease of either parties (Client or
Custom Websites) intent to cancel
lease.
2.
Warranties by Custom Websites
Custom Websites
represents and warrants to Client that
it has the experience and ability to
perform services required by this
Agreement; that it will perform said
services in a professional and
competent manner: that is has the
power to enter into and perform
this agreement.
3.
Independent Contractor
Custom Websites
acknowledges that the services
rendered under this Agreement shall be
solely as an independent contractor.
It is expressly understood that this
undertaking is not a joint venture.
4.
Confidentiality
Custom Websites
recognizes and acknowledges that this
Agreement creates a confidential
relationship between Custom Websites
and Client and that information
concerning Client’s business affairs,
customers, vendors, finances,
properties, methods of operations,
computer programs, and documentation,
and other such information, whether
written, oral, or otherwise, is
confidential in nature. All such
information concerning Client is
hereinafter collectively referred to
as “Confidential Information”.
5.
Non-Disclosure
Custom
Websites agrees that, except as
directed by Client, it will not at any
time during or after the term of this
Agreement disclose any Confidential
Information to any person whatsoever
and that upon the termination of this
Agreement it will turn over to Client
all documents, papers, and other
matter in its possession or control
that relate to Client.
6. Grant
Client agrees
that copyrights to Custom
Websites’ work product produced in the
performance of this Agreement shall
remain the exclusive property of
Custom Websites, and that it will not
sell, transfer, publish, disclose or
otherwise make the work product
available to third parties without
Custom Websites’ prior written
consent. Any rights granted to Client
under this Agreement shall not affect
Custom Websites’ exclusive ownership
of the work copyright.
7.
Legal Stuff
Custom Websites
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 Custom Websites 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
Custom Websites 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.
8.
Copyrights and Trademarks
The client
represents to Custom Websites
and unconditionally guarantees
that any elements of text, graphics,
photos, designs, trademarks, or other
artwork furnished to Custom
Websites 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 Custom
Websites and its subcontractors
from any claim or suit arising from
the use of such elements furnished by
the client.
9. 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 Custom
Websites and its subcontractors
from any claim, suit, penalty, tax, or
tariff arising from the client's
exercise of Internet electronic
commerce.
10.
Copyright to Web pages
Copyright to
the finished assembled work of Web
pages produced by Custom
Websites is owned by
Custom Websites. During the term
of this agreement while Client is
current on lease payment, 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. Custom Websites
and its subcontractors retain the
right to display graphics and other
Web design elements as examples of
their work in their respective
portfolios.
11.
Payment of fees
Payments are
due the first of each month. In
order for Custom Websites
to remain in business, payments must
be made promptly. Delinquent bills
will be assessed a $30 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 10% penalty will be
added for each month of delinquency.
Custom Websites 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 Custom Websites.
Regardless of the place of signing of
this agreement, the client agrees that
for purposes of venue, this contract
was entered into in Jefferson County,
Alabama and any dispute will be
litigated or arbitrated in Jefferson
County, Alabama.
12. Sole Agreement
The
agreement contained in this "Website
Design Lease Agreement" constitutes
the sole agreement between
Custom Websites and the Client
regarding this website. Any additional
work not specified in this contract
must be authorized by a written change
order.
13. Age
Client
certifies that he or she is at least
18 years of age.
14.
Authorship Credit
Client agrees
that Custom Websites may
put a byline and hyperlink on the
bottom pages of their website
establishing authorship credit and
copyright notice and that
Custom Websites may advertise
client's website as an example of
their work.
15.
Definition
of Terms
Website - a
collection of web pages and associated
code which forms an integrated
presence.
Domain Name
- the root address of a website,
e.g. www.webaddress.com. All such
names must be registered with the
appropriate naming authority, which
will usually charge a fee.
Host - the company on whose
system the Website physically resides.
Downtime - time
when the website is not accessible via
the Internet. This may be because of
a technical failure of the Host or
because work is being carried out on
the site.
Link,
Hyperlink - a
'clickable' link embedded on a Web
page which may take the form of a
graphic or text.
Search Engine
a software that searches for
information and returns sites which
provide that information by subject
matter classification.
Search
Engine Optimization (SEO) -
techniques that enable your site to
appear higher in a list of search
engine results.
Advertising
-
A public
promotion of some product or service.
Free
Maintenance - The
number of free maintenance sessions
varies depending upon the Lease
Package. A normal “free maintenance”
session is 2 hours valued at $25 per
hour. Any maintenance / changes
requiring more than 2 hours will incur
charges at a rate of $25 per hour.
Custom Websites
agrees to design, build, install,
and/or maintain a website for Client
according to agreed upon
specifications and the package option
selected. Custom Websites does
not guarantee listings on search
engines as they alone determine who
they will and will not list.
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