1. Authorization.
The above-named Client (hereinafter referred to as "Client") is engaging Sitecats Web Development, as an independent contractor for the specific purpose of designing a World Wide Web site (herein after referred to as "Web Design Project") to be published on the Client's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, herein after refer to as "Hosting Service", or provided on diskette at the Client's option. The Client hereby authorizes Sitecats Web Development to access this account, and authorizes the Hosting Service to provide Sitecats Web Development and its designer, the proprietor, 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 Sitecats Web Development to submit the completed Web Design Project to major Web Search Engines.
2. Development.
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. Sitecats Web Development represents and warrants that the web site we design for you will work in:
• Microsoft® Internet Explorer versions 6.0 and up
• Firefox 2.0 and up
While Sitecats Web Development will make reasonable efforts to design a fully-functional web site, Sitecats Web Development warrantee does not cover AOL, text-based browsers or requested special effects that we have advised you against. In addition, this warrantee does not cover Safari at this point in time due to its lack of CSS support, a critical function of content management web development.
2a. Time Bank.
Sitecats will dedicate a set amount of hours to work on the Client’s Web Design Project based on the features requested by the client, hence forth called the Time Bank. If the Client requests customizations or changes to the design, layout, functionality or any other pre-existing component, module, mambot, template or other type of plug-in, Joomla or otherwise, including the Web Design Project itself, the Time Bank will be reduced by the number of hours the changes or customizations will take. Once the Time Bank is used, the Client may purchase more work hours from Sitecats Web Development at 75.00 per hour or all work on the site by Sitecats Web Development and any subcontractors will cease, the project will be deemed “complete” and the Client must pay the remaining balance of the amount specified by this document.
3. Assignment of Web Design Project.
Sitecats Web Development reserves the right, and you hereby agree, 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. Copyrights and Trademarks.
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the proprietor and/or Sitecats Web Development 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 accept infinite legal liability for materials submitted to Sitecats Web Development for use in the Web Design Project (including attorney's fees and court costs), including any claim or suit, threatened or actual, 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 for the lifetime of your web site, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guestbooks, discussion webs, navigation structure changes, images, and/or repairs of attempted updates, including content, the installation of components, modules, patches, mambots, templates or any other plug-in of any form, Joomla or otherwise, by Client. This service is available from the date the Client's web site is available to be published to the Client's hosting service. Major page code and/or graphics changes and additions will be charged at the applicable hourly rates.
6. Completion Date.
Sitecats Web Development and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to start the Web Design Project no later than 30 days after Client has submitted all necessary materials. If the Client does not supply Sitecats Web Development with complete text and graphic content for this Web Design Project within 45 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by Sitecats Web Development as liquidated damages and the contract shall become null and void, at Sitecats Web Development’s option, unless the Web Design Project is canceled in writing by the Client prior to 15 days of the effective date of the agreement. The Client may also be responsible for a “contract cancellation” fee of _______.
7. Project Delivery.
The final web site design project will be published to the Client's hosting service upon receipt of final payment (or upon first payment of agreed payment plan) or delivered via diskette upon the receipt of full payment. The Client understands that Sitecats Web Development provides hosting services in connection through Sitecats Web Development. The Client agrees to select a hosting service which allows Sitecats Web Development full access to the Client's account via FTP (File Transfer Protocol). The Client will be solely responsible for any and all hosting service charges.
8. Electronic Commerce Laws.
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will accept infinite legal liability for any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
9. Payments.
Payments must be made promptly based on the terms of this Web Site Design Project. Sitecats Web Development reserves the right to remove any Web Design Project from viewing on the Internet until the client is up-to-date on the agreed payment plan or final payment is made. In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred by that process. This agreement becomes effective only when signed by Sitecats Web Development. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement will be entered into Montgomery County, PA, and any dispute will be litigated or arbitrated in Montgomery County, PA, and the Client hereby consents to the personal jurisdiction of the Pennsylvania State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. Adding of Meta Tags (Description and Keywords) and the submission of the Web Design Project to Web search engines and updating occur only after the first payment of payment plan or the full final payment is made. All payments will be made in U.S. Dollars.
9a. Bandwidth
Any website hosted by Sitecats Web Development shall be permitted a maximum allowance of 2 GB (GB is a gigabyte, equal to approximately 1,000,000,000 bytes) of bandwidth per month. Extra bandwidth can be purchased in increments of 10 GB, 25 GB, or 50 GB according to the table below. In the event of a website exceeding the allowed 2 GB of bandwidth, the website will be automatically shutdown for the remainder of the month or until Sitecats receives payment for a monthly bandwidth increase.
Bandwidth Monthly Cost Annual Cost *
10 GB $6.00 $40.00
25 GB $12.00 $120.00
50 GB $21.00 $210.00
*Annual cost is paid once every 12 months and must be paid in full.
10. Legal Notice.
Notwithstanding anything to the contrary contained in this contract, neither Sitecats Web Development nor any of its employees or agents, 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 the proprietor and/or Sitecats Web Development be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, 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 your site visitor's computer or Internet software, even if Sitecats Web Development has been advised of the possibility of such damages.
11. This Agreement.
This agreement constitutes the sole agreement between the proprietor, Sitecats Web Development and the Client regarding this Web Design Project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by Client and Sitecats Web Development. All prices specified in this contract will be honored for the life of the published web site after both parties sign this contract. Additional services may be added and charged to the client upon verbal agreement upon approval of the client and Sitecats Web Development. The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
12. Payment Schedule.
Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and the Package Price, attached hereto and made a part of this agreement hereof. Notwithstanding any prices listed in literature or on Web pages, the Client, the proprietor, and Sitecats Web Development agree that the services described in this contract, and the Package Price, shall be completed for $_________. The Client agrees to pay to Sitecats Web Development an initial, non-refundable deposit of $_________ (normally, 50% of the estimated total cost) upon execution of this agreement.
The First Payment of 50% estimated total for this Web Design Project is due prior to production and/or delivery of the Web Site Design Project. All Subsequent payments will be due two weeks after, and continuing every two weeks until completion. Payments are based on completion percentage divided by remainder due. All amounts must be in U.S. Dollars.
Sitecats Web Development / Sitecats.com
By signing this contract you certify that you agree to the terms and policies stated in this contract and stated online on the Sitecats Web Development website. Terms and policies not stated in this contract are included as part of this agreement and can be reviewed at: http://www.Sitecats.com
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"Try not to become a man of success but rather try to become a man of value." Albert Einstein (1879-1955) |
Testimonials
John, I just wanted to
tell you that I enjoyed the visit and have a lot of confidence in your team.
Not only were they knowledgable but they have a good cooperative attitude
too. As I was forwarding your business cards/postcards to our NJ office, I was
looking at them and I think they are fantastic – “Easy-edit website” – so true.
Cindy
Henchenski,
Database
Administrator for
Extol Corporation
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