Web Development Contract
- 6. Related Development and Maintenance Issues and Standard Terms
a:
Changes to, and Submitting 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 fee, billed at the hourly
rate and is not part of the maintenance terms. All text that is to be place
onto the The Client's Web Pages must be submitted to Design
Tyme on Floppy disk, Zip Disk, CD Rom, E-mailed to
Design Tyme, or made available to Design Tyme by means of
the internet or world wide web. All text that is in need of actual retyping
by Design Tyme will be billed at $30.00 an hour. Large text
areas (1,200 words or more) for web Pages that need a
considerable amount of formatting will be billed at an hourly
rate of $30.00 and are not included in the Maintenance plan.
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b:
Changes to Graphics and Images:
All images and graphics that are to be placed on or changed
on the Client's web pages must be submitted to Design Tyme on Floppy disk, Zip
Disk, CD Rom, E-mailed to Design Tyme, or made available to
Design Tyme by means of the internet or world wide web. All
images and graphics that will be used on the Client's web
pages must be in either a *.jpg or *.gif format. Any image or
graphic that needs to be reformatted or resized or altered
in anyway to fit on the Client's webpages, will be billed at
an hourly rate of $30.00. Design Tyme can and will add
standard basic clipart or icons from our collection at the Clients
request for free. However, this does not mean that we will
create a custom graphic for free or spend hours
reformatting your graphics. These changes and creations of
graphics are not part of the development and maintenance terms, and
are billed at an hourly rate.
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c:
Sounds or Music:
All sound and music to be used on the Client's website must
be submitted to Design Tyme in the appropriate format to be used on the Client's
web pages. Any changes, reformatting or converting of a sound or music
file, by Design Tyme will be billed at an hourly rate of
$30.00. (i.e. if you have a *.wav file and wish to change
it to a *.au file.).
All Sound and music files must be submitted to Design Tyme
by the Client on Floppy disk, Zip Disk, CD Rom,
Emailed to Design Tyme, or made available to Design Tyme by
means of the internet or world wide web.
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d:
Plug-ins:
All plug-ins that the Client wishes to use for their
webpages are included in this development and
maintenance contract. Provided that they supply the support
files and the plug-in to be installed (this would include
giving Design Tyme the manufacturer URL's to download the
plug-ins or the Client supplying it to us). All additional
manufacturer fees would be billed to the Client. Any
changes to the files or support files for the plug-ins must
be submitted to Design Tyme by the Client on Floppy disk, Zip
Disk, CD Rom, Emailed to Design Tyme, or made available to
Design Tyme by means of the internet or world wide web. Any
additional coding or upgrading to the plug-ins that requires
reformatting, new coding, or the creation of files are
billed at an hourly rate of $50.00. If plug-ins need to be
upgraded due to a newer version by the manufacturer, and requires no
additional changes by Design Tyme, there is no additional
charges for the upgrade.
NOTE: This does not include, reconfiguring servers,
setting up mime type on server, or an extended installation
that requires a reformatting of the user end files or
recoding of the web page.
Plug-in NOTE: Setting up and maintaining plug-ins, can be
very easy or very difficult, depending on the plug-in in
question and servers being used. Most plug-ins are easy to
maintain and upgrade and Design Tyme would not charge for
most changes. However, Design Tyme reserves the right to
charge an hourly rate for updating and maintaining plug-ins
on Client's web pages and Website, at Design Tyme's own
discretion.
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e:
Custom or Advance Coding:
Design Tyme will maintain any custom coding or custom
scripts that the Client's supplies for
their webpages or Website. This would include, but is not
limited to: Java Script, CGI Scripts, or advance HTML
coding (CSS, or Style Sheets.). If the Client
supplies the scripts to Design Tyme, then Design Tyme
assumes that these scripts and codes are ready to be setup,
installed and will run properly on the
Client's webpages or Website. If Design Tyme has to remove
the scripts to get the Client's webpages working, recode
them, or requires reformatting of the webpage. The Client
will be billed an hourly rate of $50.00. If Design Tyme has
to recode any existing script or supply new scripts for
the Client's web page, the Client will be billed an hourly
rate of $50.00.
If Design Tyme supplies the scripts there will be a fee of
$50.00 an hour for developing and setting them up on the
Client's Web pages. Once the scripts are up and running on the
Client's web pages, there would be no additional charges to
maintain them on the Client's web pages, provided that
there are no additional changes to be made to the scripts.
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f:
Advertising and Search Engines:
Upon payment of all fees hereinabove set forth, the Client
shall have the nonexclusive right to reproduce the completed
artwork as
interior illustrations, appear on merchandise, form a
jacket of any packaging or software, on any book or manual thereof
which it may print or publish for the packaging and
instruction of the merchandise which it sells or
distributes for the life of this contract.
Design Tyme does not take responsibility for
the placement of the Client's webpages or Website by these
search engines. Design Tyme shall have the right to add the
Client's Website or webpages to it's link section on the
Design Tyme Website, and to show any or all parts of the Client's
Website as an example of Design Tyme's work, whether by
directing people to the Client's webpages or Website, or by showing
the Client's Website on remote computers or in Design Tyme's
portfolio. Design Tyme reserves the right to place a icon
and link that will redirect all visitors back to the Design
Tyme Website, on all webpages and websites that it creates and
maintains for the Client.
The Client shall have the right to show its Website or
webpages to the public on the world wide web, or internet.
The Client shall also have the right to print the Website and
use it's likeness in any print, video, software or
multimedia marketing. Provided that the client does not make any
changes or modifications to Design Tyme's work. The Client
shall notify Design Tyme of any mass distribution of the likeness
of its Website or webpages that Design Tyme has worked on.
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g:
Additions:
Changes to graphics,
text, coding & styles on the Client Website will be billed at $30.00
an hourly, in fifteen (15) minute increments. the Client
will be charged $50.00 per page, for any additional page(s),
$75.00 and up, for any additional form(s), that are added
to the Client's Website during the life period of this contract.
the Client will be charged for custom coding at $50.00 an
hour. The addition of any custom created graphics, and images by
Design Tyme, will be billed at an hourly rate of $40.00.
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h:
Uploading and Installation:
Design Tyme will upload and install the changes to all of
the Client's web pages and Website on
the Client's server (Server fees are not included with fix
rates). Design Tyme will charge a fee of $100.00 for any
web page or total Website that is larger then 10MB, and $15.00 for each
additional 1MB above the 10MB limit.
NOTE: Most websites and web pages are under 3MB, and would
not be charged for uploading and installation.
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i:
Non-disclosure and Security:
Design Tyme takes the privacy and security of its customers
and it self very seriously. The Client shall have all it's information that
is obtained by Design Tyme, held in the strictest
confidences. Design Tyme shall not disclose or reveal any information obtained from
the client to any individual or other entity for the life of
this contract or until it has been released to the public by the Client.
All passwords, high security issues, ways of operation,
business practices and corporate secrets of the Client, that is
given to Design Tyme, shall remain in the highest
confidence and not reveled or given out by Design Tyme. The Client shall also
hold all information obtained from Design Tyme in the
highest confidence.
All business secrets, passwords, and high security issues,
obtained by the Client about the way Design Tyme operates
shall not be given out or revealed to anyone. Violation of these
security issues can result in penalty of the law.
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Copyrights and Ownership:
Any image, graphics, sound, music, custom coding or
scripts, text and any other material
supplied by the Client to Design Tyme. Will remain the
property of it's owner, whether it's the Client's or a 3rd
party. Design Tyme assumes, that any items or materials supplied by the
Client, for its web pages or Website, are legally and
lawfully obtained by the Client. The Client shall assume all the
legal rights and responsibilities of obtaining any
materials that it supplies to Design Tyme for its webpages. The Client shall
be held responsible for any unlawfully obtained materials and
related fees, it supplies to Design Tyme for its webpages. This
would include, but not limited to; legal fees, court fees,
lawyer fees, copyright violation fees, and all fees that would apply
from a copyright infringement lawsuit. Design Tyme shall
not reuse or modify any image, graphics, sound, music, custom coding or
scripts, text and any other material supplied by the Client,
for any other webpage or Website that Design Tyme works on,
without approval from the client.
Any image, graphics, sound, music, custom coding or
scripts, text and any other material supplied by Design
Tyme shall remain the property of Design Tyme. Design Tyme shall give the
right to the Client, to have any of its copyright material
used for the Client's web pages or Website for the length of this
contract. If this contract expires and the Client does not
retain Design Tyme to remain as their Website maintenance company.
Design Tyme has the right to remove all and any, image,
graphics, sound, music, custom coding or scripts, text and any other
material that was supplied by Design Tyme during the length
of this contract. Design Tyme shall assume all rights and legal
copyrights of any items supplied to the Client. Design Tyme
reserves the right to use the same images, likeness of, or modified versions
of any image, graphics, sound, music, custom coding or
scripts, text and any other material supplied by Design Tyme for any
other webpage or Website that Design Tyme is working or
will work on.
All Design Tyme logos, designs, images, and trademarks are
copyright Design Tyme 1997-2007.
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k:
ISP and Server Charges:
The Client understands and realizes that this contract does
not provide ISP (Internet Service Provider) services or a Web Hosting server. That
the Client must obtain their own Internet connection and
secure its own web space on a Web Server. That the charges
for a ISP and Web Server are not included in the prices
listed here for web development. The Client will also
provide Design Tyme the location of the ISP or web Server
that will be used for the maintenance of its Website or web pages. By
providing, any passwords, codes, URLs, directories, FTP
addresses, user names or any other information that is
directly involved or needed in order for Design Tyme
performing its obligation to the Client. The Client or Design Tyme shall
also inform the Client's ISP or web Host of the fact that
Design Tyme is maintaining the Client's Website or web pages, and that the
ISP shall allow Design Tyme to work on and make changes on
their servers or computers as needed.
NOTE: Design Tyme offers a full range of Web Services
for it's Clients, please Contact us to learn more.
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l:
Understanding of Contract and Terms:
The Client understands and agrees with these terms that are
listed. The Client, by hiring Design Tyme and going into this
agreement, acknowledges that he/she has read this contract
and will be bound to the terms of it. The Client acknowledges that Design
Tyme has the right to make this contract, and to terminate
it if the terms here as above are broken by the Client. Design Tyme
will not give refunds or exchanges for any terminated or
canceled contracts. If the contract is terminated for any reason,
the Client shall be billed for work not yet paid for, that
was done by Design Tyme.
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m:
Headings:
Headings used in the agreement are for convenience only and
shall not be used to interpret or construe its
provisions.
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n:
Notices:
All notices or other documents under this agreement shall
be in writing and delivered personally or fax
received, or mailed by certified mail, postage prepaid,
addressed to Design Tyme and the Client at their last known
addresses. Any extras that are added on by the Client, will be billed
by either an hourly or page rate. All additions must be
approved before, by the Client and submitted to Design Tyme
in writing and delivered personally or fax received, or
mailed by certified mail, postage prepaid, addressed to Design Tyme.
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o:
Expenses:
Design Tyme reserves the right to charge the Client all
and any additional fees or expenses which might occur
from the creation, maintenance or development of the
Client's Website or web pages. In which Design Tyme incurs
a cost or bill from an outside agency, organization, company or any
other entity. This would include, but is not limited to:
Travel Expenses, Long Distance Phone Calls, Obtaining specific
Programs or Plug-ins, Creating and producing all Printed
materials (such as; brochures, manuals, posters, etc.....),
Hiring outside contractors, Obtaining Specific hardware or
computer equipment, Obtaining specific licenses or
copyrights, Obtaining specific equipment, All reproduction
cost of the Client's website or webpages (such as; Reproducing on Floppy
disks, Zip disks, CD Roms, or any other
portable computer medium.), Obtaining an ISP or Web Space
for the Client. Design Tyme shall inform the Client and
receive written approval, by the Client. Before beginning any
development or obtaining any services, equipment or
software, that would require the need of an added Expense or Fee to
the Client.
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7. Design Tyme Billing and Payment Terms and Incentives
a: Introduction to Paying:
Design Tyme, like all other businesses that like to stay in
business, needs to be paid from its Clients
promptly and in full. Otherwise Design Tyme will go out of
business. Design Tyme does not practice giving away its
work or services for free. Even though The owners of Design Tyme understand
that nobody likes to pay for anything, we must charge our
Clients for our services. At Design Tyme we try to make it
as easy and painless as possible for our Clients to pay
us. By providing reasonable fees, payment plans and payment
incentives to our all of our Clients.
b: Payment and Billing Terms:
All orders and maintenance contracts must be accompanied by
at least 50% of the overall order when submitted. All extra maintenance and
additions that are billed at an hourly rate shall be billed
to the Client at the end of each month. All invoices must be paid
within thirty days(30) of invoice date. All maintenance fees
must be paid at least thirty days(30) before termination of
the maintenance contract.
All delinquent accounts will be
assessed a $25 charge if payment is not received within 30
days of the invoice date. If an account remains delinquent
31 days after its invoice date, an additional 5% penalty will
be added for each month of the delinquency. Design Tyme
reserves the right to remove or make unattainable any webpage or Website
or portion of the work, of a delinquent account until full
payment is received. (A setup and installation fee of
$100.00 would apply for returning the Client's Website and
$25.00 per web page, to be view on the Web or internet or an
in-house Intranet) Final payment of the balance shall be
made within 30 days of submission of the final invoice date (If
no other conditions apply, such as payment plans or long
term contracts) as hereinabove set forth and Design Tyme shall
be entitled to reasonable legal fees in the event the
services of an attorney or collection agency are necessary for collection.
Checks, Money Orders, and Wire Transfers must be made
out to Design Tyme (Bank account and routing information
available upon request). The Client will pay all appropriate
taxes that would apply State and Federal included. All
maintenance plans of six(6) months or less must be paid
within thirty (30) days of hiring Design Tyme. All maintenance
plans of seven (7) months or more can have a payment plan
worked out for either a quarterly or half year payment schedule.
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