THIS AGREEMENT, made and entered into this ___ day of ________, 2001 by Client Name, located at _____________________ (hereinafter referred to as "The Client") has contracted Manster Web Services located at _____________, Miami, FL ______ (hereinafter referred to as "The Developer") to improve/develop a World Wide Website for the ____________.com site. THE DEVELOPER and THE CLIENT (hereinafter referred to as the "parties") have agreed to meet the following criteria outlined below.
A. Initial Payment and Refund Policy
At the contract signing, 25% of the website estimate is due. To request a refund, please submit a written request to THE DEVELOPER within 15 days of signing this contract. All work completed will be calculated at a $45 hourly charge and deducted from the initial payment. THE CLIENT is liable for any work completed beyond the initial payment at the above stated rate. No portion of initial payment will be refunded if a written cancellation request is not received within 15 days of contract signing.
C. Quality of Web Site
The Web site will be of professional quality, free of defects in material and workmanship, and will conform in all respects to the functional and other descriptions contained in the specifications. Any work or service necessary to maintain the integrity of the web site will not be charged to THE CLIENT. The warranty period is for one year after the date of Client's acceptance of the Final Version.
D. Non Payment of Fees
After 60 days of non-payment, THE DEVELOPER reserves the right to retain the administration details of THE CLIENT's website until final payment is made. If case collection becomes necessary, THE CLIENT is responsible for all incurring charges.
E. Domain Names
THE CLIENT is the sole owner and administrator of domain name. THE DEVELOPER will obtain the domain name and will be the technical contact of the Web Site for the duration of this contract.
F. Web Hosting Services
THE CLIENT agrees to allow THE DEVELOPER to select a reliable and cost-efficient web hosting service. In cases where a web hosting service has already been chosen by THE CLIENT, THE CLIENT has the option to allow transference of web hosting services to a web hosting service selected by THE DEVELOPER. THE CLIENT is responsible for all transference charges. If THE CLIENT decides to remain with the original web hosting service, THE CLIENT may be liable for additional charges. Further, THE CLIENT authorizes THE DEVELOPER full access to the account and web page directory, cgi-bin directory, and any other directories deemed necessary for the project.
THE DEVELOPER agrees to provide maintenance, new development, and upgrading services, for one year after the date of Client's acceptance of the Final Version. Maintenance fees will be charged at a rate of $45 per hour. Invoices for these services and other miscellaneous charges will be mailed at the beginning of every month for the previous month's services. Payment is due within 15 days of receipt of invoice.
H. Limitations of Liability
THE DEVELOPER is not liable to THE CLIENT or any third party for any damages that may result from the development and publishing of the Web site.
If requested, THE DEVELOPER will provide THE CLIENT with the HTML content of the Web Site. THE DEVELOPER retains the right to use the HTML content again in the future.
THE DEVELOPER retains the right to include THE CLIENT's Web site in a professional portfolio. In addition, THE DEVELOPER retains the right to include authorship within the Web site for the life of the contract.
THE DEVELOPER will keep confidential information regarding the development of the website.
L. Service Agreement
The parties have agreed to meet the above stated criteria. Any services, aside from those mentioned above and in the attached web site estimate, will be liable for a $45 an hour additional charge.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date and year first above written by their duly authorized representative.
|THE DEVELOPER's Name||THE CLIENT's Name|