Authorization
The named client is engaging Phaedra Web Design, as an independent
contractor for the specific web design project of developing and/or
improving a web site, hereinafter referred to as "web design project"
to be installed on the client's account on an Internet Service Provider
(ISP), hereinafter refer to as "Hosting Service". The client hereby
authorizes Phaedra Web Design to access this account, and authorizes
the Hosting Service to provide Phaedra Web Design 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.
The client also authorizes Phaedra Web Design to submit the completed
web design project to major Web Search Engines.
Development
Phaedra Web Design will guarantee that the web design project we
complete for each client will work in the latest browser versions of
Internet Explorer and Mozilla Firefox. Phaedra Web Design strives to
create content that is functional and viewable to the great majority,
which means we design to meet the needs of the web site consumer.
Currently more than 75% of internet users view internet content using
Internet Explorer and Mozilla Firefox. Additional platform testing and
modification of website design to work in other platforms may require
an extra fee. For the same reasons, Phaedra Web Design designs for the
screen resolution 1024x768, as this is the current standard among
internet content. Phaedra Web Design automatically takes all recognized
steps to make your site accessible to those with disabilities.
Copyright and Trademarks
The client unconditionally guarantees that any elements of text,
graphics, photos, designs, trademarks, or other artwork furnished to Phaedra Web Design 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 and
defend Phaedra Web Design from any claim or suit arising from the use
of such elements.
Linkbacks
The client agrees to have a small linkback to Phaedra Web Design placed
on each of their web site pages. The client agrees not to remove this
linkback unless images, text, content, design elements and code
provided by Phaedra Web Design is removed.
Web Hosting
The client understands that any web hosting services require a separate
contract with a web hosting service. The client agrees to select a web
hosting service which allows Phaedra Web Design full access to the
website via FTP. Phaedra Web Design offers web hosting services as
requested, for which the following points apply. The client
acknowledges that web hosting services are provided off-site and any
downtime can not be anticipated, nor can Phaedra Web Design be held
responsible for down time of your web site related to web hosting
issues. Phaedra Web Design will provide the client with full customer
support for provided hosting related issues during regular business
hours. Phaedra Web Design reserves the right to terminate hosting
services if payment for hosting is not made yearly or monthly,
depending on the hosting package selected by the client, within 14 days
of the due date. Phaedra Web Design can not be held liable for any loss
or damage to data caused by server downtime or other unforseeable
events. Phaedra Web Design will keep a copy of all original files for
client sites for (1) year after completion. It is the client's
responsibility to regularly back up their website if content changes.
Web Site Maintenance
Phaedra Web Design offers site maintenance at the current hourly rate.
In addition, packages may be made available to keep a designer on
retainer for specific maintenance. All maintenance payments must be
received prior to any work completed.
Completion
Phaedra Web Design agrees to work with the customer to complete all web
design projects in a timely manner. Phaedra Web Design will provide
each client with a project completion date depending on the size,
content and functionality requirements of the web design project as
well as availablility of the designer. It is the client's
responsibility to provide content as requested in order to meet any
completion timeline. If the client does not provide the needed content
prior to the agreed completion date, payment in full is still due the
designer. Phaedra Web Design can not be held to a timeline or be held
responsible for damages to a business in regards to web design project
completion if Phaedra Web Design was not provided content. Should the
client be unable to provide content in a timely manner Phaedra Web Design may, at our discretion, choose to reschedule the web design
project according to the designers availability. Phaedra Web Design
reserves the right to terminate a relationship in which content was not
provided in a timely manner. Should the client choose to reschedule the
web design project, there will be a 15% fee for each month the web
design project is in construction after the original project completion
date. Once content has been made available to Phaedra Web Design and
pages have been constructed with said content, content changes will be
made at our current hourly rate, billed in 15 minute increments.
Project Delivery & Payments
Phaedra Web Design requires all web design projects be paid in two
payments. A 50% retainer will be required prior to the start of all web
design projects. Phaedra Web Design will be paid in full before
delivery of the final product. Once full payment is received Phaedra Web Design will publish the web design project on the client's hosting
service and/or provide a CD of the content for an additional fee of $10
plus actual shipping.
Electronic Commerce Laws
The client agrees that the client is solely responsible for complying
with such laws, taxes and tariffs, and will hold harmless, protect, and
defend Phaedra Web Design from any claim, suit, penalty, tax or tariff
arising from the client's exercise of Internet electronic commerce.
Web Design Project Copyright
Phaedra Web Design owns copyright to the finished web design site
produced by Phaedra Web Design. The client will be assigned rights to
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, sample files are specifically not
transferred to the client, and remain the property of their respective
owners. Phaedra Web Design retain the right to display graphics and
other web design elements as examples of their work in their respective
portfolios.
Search Engine Submission and Meta Tags
Phaedra Web Design recognizes that search engine placement is important
to our clients. Phaedra Web Design will work with each client to include appropriate content and meta tags for each web design project. Phaedra Web Design will submit the web design project to seach engines upon completion. It is at the discretion of the individual search engine as to whether they will chose to index any site and specific placement cannot be guaranteed.
Other Legal Stuff
Phaedra Web Design will do the best to our ability to provide a website
that meets the needs of our client as expressed to us by the client,
and to guarantee our work error free. Some errors are nearly
inevitable, and Phaedra Web Design agrees to correct any
errors recognized in the web design project for a term
of seven days past completion without additional charge. This includes typos, bad links, or
viewing issues in current versions of Internet Explorer or Mozilla
Firefox. This does not include replacing more than a paragraph of text,
replacing images without typos or changing design or visual elements.
Upon completion it is the client's responsibility to identify any
errors for Phaedra Web Design to correct. In no event will Phaedra Web Design 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 webpages or website. 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.
This
agreement becomes effective when the client retains the designer with a
the initial retainer fee. The publication of the web design project and
submission to search engines if requested will only be made after the
final payment is submitted. All payments will be made in US $ funds.