| 1. Authorization.
The named client is engaging Smart Busines Online, 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) / Web Presence Provider (WPP) computer, hereinafter refer to as "Hosting Service". The client hereby authorizes Smart Busines Online to access this account, and authorizes the Hosting Service to provide Smart Busines Online 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/level. The client also authorizes Smart Busines Online to submit the completed web design project to major Web Search Engines.
2. Development.
The following is included in the quoted web design project rate:
Client Web Design Project Detail
Web Design Package Features
Web Design Additions or Options
Browser Compatibility
Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Smart Busines Online guarantee that the web site we design for you will work in:
Microsoft Internet Explorer versions 3 and up
Netscape Navigator/Communicator version 3 and up
If the client requires the implementation of DHTML then Smart Busines Online guarantee that the web site we design for you will work in:
Microsoft Internet Explorer versions 4 and up
Netscape Navigator/Communicator version 4 and up
While Smart Busines Online will make every effort, always, to design a fully functional web site, our guarantee does not cover AOL, text-based browsers, or any requested special effect that we have advised you against.
Accessibility for People with Disabilities
Smart Busines Online standard is to meet as many as possible of the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.
3. Assignment of web design project.
Smart Busines Online reserves the
right to assign subcontractors to this web design project to insure that the terms of this agreement are met as well as on-time completion.
4. Copyright and Trademarks.
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Smart Busines Online 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 Smart Busines Online and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
5. Web Site Maintenance.
This agreement allows for minor web site maintenance to pages over a 1-month period, up to an average of one half hour per regular web site, including updating lines and making minor changes to a sentence or paragraph. It does not include updating replacing nearly all the text from a
page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by client repairs or web design projects delivered to the client via diskette. The period of 1 months begins on the date the clients web design site has been published to client's hosting service or 30 days from the date this agreement was signed, which ever comes first. If the client's web design package includes database access using Active Server Pages
(ASP), then very minor page code changes will be accepted under this maintenance plan, major page code and/or database structural changes will be charged at current hourly rates.
6. Completion Date.
Smart Busines Online and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project no later than 30 days after the client has submitted all necessary materials. If the client does not supply Smart Busines Online with complete text and graphic content for this web design project within 45 days of the date this agreement was signed, the entire amount of the agreement becomes due and payable. If the client still has not submitted all the required contents within 60 days after signing this agreement, an additional continuation fee of 15% of the total agreement price will be assessed for each month until the web design project is published or the client cancels the web design project in writing.
7. Project Delivery.
The web site design project will be published to the client's hosting service upon receipt of the second payment or delivered via diskette upon receipt of full payment. The client understands that Smart Busines Online does not provide any hosting services in connection with this web design project. Hosting services require a separate contract with the Smart Busines Online. The client agrees to select a hosting service which allows Smart Busines Online full access to the client's account via FTP. The client will be solely responsible for all hosting service charges.
Publishing:
If the hosting service has FrontPage 98 /2000 extensions installed, Smart Busines Online will use FrontPage 98/2000 to publish to the site.
If the hosting service does not have FrontPage 98 extensions installed, Smart Busines Online will use FTP to publish to the site.
Diskette:
The client assumes all responsibility for the use and functionality of the web design project.
8. 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 Smart Busines Online and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.
9. Web Design Project Copyright.
Smart Busines Online owns copyright to the finished web design site produced by Smart Busines Online. 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, work-up files and computer programs are specifically not transferred to the client,
and remain the property of their respective owners. Smart Busines Online and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios. All web design projects will contain a copyright/legal page with a link to 101Internet & Marketing web site.
10. Payments.
Payments must be made promptly based on the schedule below. Delinquent bills will be
assessed a $15 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 5% penalty will be added for each month of delinquency. Smart Busines Online reserves the right to remove any web design project 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 Smart Busines Online. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this agreement was entered into in San Marcos, California, US and any dispute will be litigated or arbitrated in San Marcos California, US. Please pay on time. Adding of Meta Tags (Description and Keywords) and the submission of the web design project to Web Search engines and updating only occur after the full final payment is made. All payments will be made in US $ funds.
11. Payment Schedule.
a) By web design projects under $ 1000 payment by ordering
b) By web design projects over $ 1000 50 % by ordering and 50 % by publishing.
12. Legal Notice.
Smart Busines Online does not warrant that the functions contained in the web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of the web design project is with the client.
In no event will Smart Busines Online be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or site visitor's computer or Internet software, even if Smart Busines Online has been advised of the possibility of such damages.
13. This Agreement.
This agreement constitutes the sole agreement between Smart Busines Online and the client regarding this web design project. Any additional work not specified in this contract must be authorized by a written request. All prices specified in this contract will be honored for 3 months after both parties sign this contract. Continued services after that time will require a new agreement.
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