Sample Contract
• • •
Work in Progress--Updates Coming Soon
Sample Contract for Anakeko Productions
Contact Information
Contact name: _______________________________________________________________
Phone: _______________________________ Fax: _________________________________
Company/client: _____________________________________________________________
Address: ___________________________________________________________________
E-mail address: ______________________________________________________________
Web Site Information
Present URL (if any): _________________________________________________________
New domain name(s) requested (if applicable): _____________________________________
Other choices if first choice not available: _________________________________________
1. Definition of Terms.
ANAKEKO PRODUCTIONS: Anakeko Productions, located at 310 Viking Way, Brockport, NY 14420
CLIENT: ___________________________________________________________________
ISP: Either DreamHost or The Go Daddy Group, Inc. Clients, in consult with Anakeko Productions, will determine which hosting company they prefer.
CONTRACT: This agreement and its attachment(s) as listed below.
ATTACHMENT(s): “Web Site Design Worksheet” and “Payment Schedule”
2.Authorization.
The above named CLIENT is engaging ANAKEKO PRODUCTIONS as an independent contractor for the specific project of developing and/or improving a World Wide Web site to be installed on the CLIENT’s Web space located on an ISP’s computer. The CLIENT hereby authorizes ANAKEKO PRODUCTIONS to access this ISP account, and authorizes the ISP to provide ANAKEKO PRODUCITONS with any necessary “write permission” for the CLIENT’s Web page directory and any other directories or programs that need to be accessed for this project. The CLIENT also authorizes ANAKEKO PRODUCTIONS to publicize its completed Web site to Web search engines, as well as other Web directories and indexes.
3. Warranties.
ANAKEKO PRODUCITONS represents and warrants to the CLIENT that it has the experience and ability to perform the services required by this CONTRACT; that it will perform said services in a professional, competent, and timely manner; that it has the power to enter into and perform this CONTRACT; and that its performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any federal, state, or municipal laws. However, CLIENT will not determine or exercise control as to general procedures or formats necessary to have these services met CLIENT’s satisfaction.
The CLIENT represents and warrants to ANAKEKO PRODUCTIONS that it will provide CLIENT materials as required in a professional, competent, and timely manner; that it has the power to enter into this Agreement on behalf of CLIENT; and that its performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any federal, state, and municipal laws.
4. Standard Web Site Products and Web Site Hosting Services.
The standard Web site development as defined through ANAKEKO PRODUCTIONS is as follows:
• E-mail/phone consultation. (Initial planning/development consultation is free.)
• Up to two hours total general Internet orientation, education, marketing strategy, and Web design consultation. Telephone long-distance charges are in addition to rates quoted. Additional education and consultation is at our hourly rate of $xxx.
• Up to six Web pages—for example, a home page, map and directions page, about us page, contact page, products page, and products detail page.
• Text. Final text shall be supplied by the CLIENT. (250 words per Web page approximate maximum if not digitally supplied. Web pages with more than 1,500 words of text may be subject to additional fees for increased formatting time.)
• Links. Up to an average of 2.5 external links per page, and an e-mail response link on each Web page to any e-mail address the CLIENT designates.
• Custom graphics. Company logo or other top-of-page graphic, bullets, lines, colored or textured background, as well as two photos or graphics per page are included. Beyond the two photos or graphics per page, an extra charge will apply for scanning services, photography, and graphic design and modification.
• Installation of Web pages on the CLIENT’s ISP host computer.
• A maximum of two revisions to the draft Web site will be included at no extra cost to create the look and feel that is desired. Further revisions will be billed the normal hourly rate of $xxx.
• Minor updates and changes to existing Web pages for two weeks from completion of Web site (includes up to a half-hour per page total, subject to the limits outlined below).
• Initial registration to the top three search engines offering free listings such as Google and Yahoo!. The top three search engines will be determined by ANAKEKO PRODUCITONS. At no time does ANAKEKO PRODUCITONS promise or imply that we guarantee CLIENT’s Web site a certain rating in the search engines.
The standard Web site hosting as defined through ANAKEKO PRODUCTIONS is as follows:
• As an Internet World Wide Web service provider, ANAKEKO PRODUCTIONS provides a dedicated server computer that is integrated into the Internet. This server computer will send and receive information as related to the World Wide Web. The CLIENT will be connected to and utilize the hardware and software facilities of ANAKEKO PRODUCTIONS to establish an Internet Web site.
• Domain name search and advice. If a domain name is needed for the Web site, ANAKEKO PRODUCTIONS will suggest appropriate names and do a search to ascertain the availability of those names. The determination of a domain name’s availability through the domain name registry does not guarantee it will still be available at the time of registration.
• Domain name registration or transfer. If needed, ANAKEKO PRODUCTIONS will help complete the necessary forms to register or transfer a domain name as selected by the CLIENT. Although ANAKEKO PRODUCTIONS will submit forms to register a requested domain name in a timely fashion, ANAKEKO PRODUCTIONS does not guarantee the availability of any domain name.
• The sending of spam, or Unsolicited Bulk E-mail (UBE), is not permitted on accounts hosted by ANAKEKO PRODUCTIONS.
• Web site hosting includes features and restrictions as found on electronic media at http://anakeko.com/rates.html. This information may be updated from time to time.
• Web site hosting runs from the beginning of this contract for a period of three months (known as quarterly) at which time it will be automatically renewed for each subsequent quarter under the same agreement and cost set forth in this contract.
5. Fees
ANAKEKO PRODUCTIONS will execute this Web site design as specified by the CLIENT requirements as terms of this CONTRACT and incorporated in this CONTRACT. Unless specified otherwise in the ATTACHMENT, this Web site includes up to six Web pages. In case the CLIENT desires additional standard Web pages beyond the original number of pages specified above, the CLIENT agrees to pay ANAKEKO PRODUCTIONS an additional $xxx for each additional Web page. Graphics or photos beyond the allowed average of two per Web page shall be billed at an additional $xxx each. Where custom graphic work (beyond the scope of the “Custom Graphics” detailed above ) is requested it will be billed at the hourly rate of $xxx.
6. Maintenance.
This CONTRACT does not include our maintenance contract. Web page maintenance will be the responsibility of the CLIENT. If a maintenance service agreement is entered into between ANAKEKO PRODUCTIONS and the CLIENT, it will be contained within its own document and not connected to this CONTRACT. However, this CONTRACT does include minor modifications and corrections requested within a two-week period up to an average of one hour per page, including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text. If the CLIENT or an agent other than ANAKEKO PRODUCTIONS attempts to update the CLIENT’s pages during this time, time to repair the Web pages will be assessed at the hourly rate of $xxx, and is not included a part of the modification time.
7. Payment.
All services agreed to in this CONTRACT shall be sold for the price specified at the end of this document. Payment shall be by cash, check, or money order, in U.S. dollars, and made payable to “Anakeko Productions.”
8. Payment Terms.
Unless otherwise stated in the “Payment” document attached to this agreement, the following standard terms apply. A minimum deposit of fifty percent (50%) of the design cost and the total amount of hosting is required to commence work. The site will then be put online on a draft directory of the CLIENT’s ISP or of ANAKEKO PRODUCTION for the CLIENT’s viewing. During this proofing stage, typographical errors, design changes, and other corrections will be made according to the instructions of the CLIENT. The quarterly Web hosting time frame begins when the initial deposit is made and the draft site is put online. Payment for the site must be made in full before the site will be moved to the main directory of the CLIENT’s ISP. Marketing of the site in the top three search engines and directories will occur only after the final payment is made.
9. Completion Date.
ANAKEKO PRODUCTIONS and the CLIENT must work together to complete the Web site in a timely manner. Much of this depends on receiving the appropriate images and text from the CLIENT. We agree to work expeditiously to complete the Web site in a professional and timely fashion.
10. Assignment of Project.
ANAKEKO PRODUCTIONS reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion. ANANEKO PRODUCTIONS will be responsible for the final results of the project.
11. Additional Expenses.
CLIENT agrees to reimburse ANAKEKO PRODUCTIONS for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, etc.
12. Additional Services.
Any revisions, additions, or redesign CLIENT wishes ANAKEKO PRODUCTIONS to perform not specified in this document shall be considered “additional” and will require a separate Agreement and payment.
13. Copyrights and Trademarks.
The CLIENT represents to ANAKEKO PRODUCITONS and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ANAKEKEO PRODUCTIONS for inclusion in Web pages 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 ANAKEKO PRODUCITONS and its subcontractors from any claim or suit arising from the use of such elements furnished by the CLIENT.
14. Age.
CLIENT certifies that her or she is at least eighteen years of age.
15. Limited Liability.
CLIENT hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity or material advocating illegal activity, and any infringement of privacy or libel.
CLIENT hereby agrees to indemnify and hold harmless ANAKEKO PRODUCTIONS from any claim resulting from CLIENT’s publication of material or use of those materials. CLIENT hereby agrees to indemnify and hold harmless ANAKEKO PRODUCTIONS in any claim resulting from the submission of illegal materials.
If ANAKEKO PRODUCTIONS shall acquire an Internet domain name on behalf of the CLIENT, then in such case CLIENT hereby waives any and all claims which it may have against ANAKEKO PRODUCTIONS for any loss, damage, claim, or expense arising out of or in relation to the registration of such domain name in any online or off-line network directories, membership lists, or registration lists, or the release of the domain name from such directories or lists following the termination of the providing of this service by ANAKEKO PRODUCTIONS for any reason.
Under no circumstances, including negligence, shall ANAKEKO PRODUCTIONS, its offices, agents, or anyone else involved in creating, producing, or distributing its services, be liable for any direct, indirect, incidental, special, or consequential damages that result from use of or inability to use ANAKEKO PRODUCTIONS services; or that result from mistakes, omissions, interruptions, deletion, or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to ANAKEKO PRODUCTIONS’s records, programs, or services. CLIENT maintains sole responsibility for data backups and restoration. CLIENT hereby acknowledges that this paragraph shall apply to all content on ANAKEKO PRODUCTION’s services.
Notwithstanding the above, CLIENT’s exclusive remedies for all damages, losses, and causes of action whether in CONTRACT, tort including negligence, or otherwise, shall not exceed the aggregate dollar amount that CLIENT paid during the term of this CONTRACT and any reasonable attorney’s fee and court costs.
16. Indemnification.
CLIENT agrees that it shall defend, indemnify, save, and hold ANAKEKO PRODUCTIONS harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees (“Liabilities”) asserted against ANAKEKO PRODUCTION, its agents, clients, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by CLIENT, its agents employees, or assigns. CLIENT agrees to defend, indemnify, and hold harmless ANAKEKO PRODUCTIONS against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with ANAKEKO PRODUCTIONS’s service, any material supplied by CLIENT infringing on the proprietary rights of a third party, copyright infringement, and any defective product which CLIENT has sold from the Web site ANAKEKO PRODUCTIONS has designed.
17. Laws Affecting Electronic Commerce.
The CLIENT agrees that the CLIENT is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend ANAKEKO PRODUCTIONS and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT’S use of Internet electronic commerce.
18. Copyright to Web Pages.
Copyright to the finished, assembled work of Web pages produced by ANAKEKO PRODUCTIONS is owned by ANAKEKO PRODUCTIONS. Upon final payment of this CONTRACT, the CLIENT is assigned rights to use as a Web site the design, graphics, and text contained in the finished, assembled Web site. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to CLIENT, and remain the property of their respective owners. ANAKEKO PRODUCTIONS and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
19. Authorship Credit.
CLIENT may select that ANAKEKO PRODUCTIONS includes a byline and link on the bottom of their Web page establishing authorship credit. This byline is upon agreement by both CLIENT and ANAKEKO PRODUCTIONS and must be removed at any time upon written request by ANAKEKO PRODUCTIONS.
20. Nondisclosure.
ANAKEKO PRODUCTIONS, its employees, and subcontractors agree that, except as directed by CLIENT, it will not at any time during or after the term of this CONTRACT disclose any Confidential Information to any person whatsoever.
21. Cancellation.
In the event that work is postponed or canceled at the request of the CLIENT by registered letter, ANAKEKO PRODUCTIONS shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this CONTRACT. IF ADDITIONAL payment is due, this shall bepayable within thirty days of the CLIENT’s notification to stop work. In the event of cancellation, the CLIENT shall also pay any expenses incurred by ANAKEKO PRODUCTIONS and ANAKEKO PRODUCITONS shall own all rights to the work. The CLIENT shall assume responsibility for all collection of legal fees necessitated by default in payment.
22. Refund Policy.
If the CLIENT applies by a registered letter for a refund within fifteen (15) days of signing this CONTRACT, work already completed shall be billed at the hourly rate of $xxx and deducted from the initial payment. If the work that has been copleted is beyond the amount covered in the initial payment, the CIENT shall be liable to pay for all work completed at the hourly rate of $xxx.
23. Arbitration.
Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this CONTRACT shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed-upon Arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The CLIENT shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest on any award or judgment in favor of ANAKEKO PRODUCTIONS.
24. Payment of Fees.
In order for ANAKEKO PRODUCTIONS to remain in business, payments must be made promptly. Invoices are due upon receipt. Delinquent bills will be assessed a $20 charge if payment is not received within ten day of the due date. If an amount remain delinquent thirty days after its due date, an additional five percent (5%) penalty will be added for each month of delinquency. ANAKEKO PRODUCTIONS reserves the right to remove Web pages 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 CONTRACT becomes effective only when signed by ANAKEKO PRODUCTIONS. Regardless of the place of signing of this CONTRACT, the CLIENT agrees that for purposes of venue, this CONTRACT was entered into in Rochester, New York or Brockport, New York, and any dispute will be litigated or arbitrated in Monroe County, New York. Please pay on time.
25. Entire Understanding.
This CONTRACT constitutes the sole agreement between ANAKEKO PRODUCTIONS and the CLIENT regarding its Web Design Service. It becomes effective only when signed by both parties. This CONTRACT shall be governed and construed in accordance with the laws of the State of Connecticut. The parties agree that if any part, term, or provision of this Agreement shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected thereby.
The undersigned agrees to the terms of this CONTRACT on behalf of his or her self, organization or business.
On behalf of the CLIENT:
____________________________________ Date ________________________
On behalf of ANAKEKO PRODUCTIONS
____________________________________ Date ________________________
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-- Attachment I --
WEB SITE DESIGN WORKSHEET
In conjunction with the contract, the following outlines the details for the Website design work.
Pages:
• Home page
• About Us page
• Client to provide six to ten paragraphs of material
• Testimonials page
• From existing page
• Product Safety Statement page
• Two pages—convert current pages into PDF for downloading
• Contractor’s proposal page
• Based upon existing proposal—client to provide extra details
• Links page
• Link addresses (maximum links: 16) and brief descriptions to be supplied by client
• CLIENT will develop a logo and submit it to ANAKEKO PRODUCTIONS in a JPG file for inclusion in Web site.
• ANAKEKO PRODUCTIONS will create a domain name and link it to a commercial grade ANAKEKO PRODUCTIONS server. Note: CLIENT will be responsible for registering an additional domain name (xyz.com).
• ANAKEKO PRODUCTIONS will provide a link from the product safety statement page to that domain as part of this agreement.
• Insert a temporary “coming soon” home page.
• ANAKEKO PRODUCTIONS will create a draft directory on the server to develop new Web site that is available for previewing.
• Upon completion of the Web site and payment in full, ANAKEKO PRODUCTIONS will transfer the site to the main directory of the Web site.
• ANAKEKO PRODUCTIONS will confirm proper functionality of all links and actions of the Web site.
• ANAKEKO PRODUCTIONS will contact two major search engines with related information.
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-- Attachment II –
PAYMENT SCHEDULE
$ xxx Total cost* for entire Web design project including the first quarter of Web hosting.
*The total cost above does not include the estimated charge of $xxx that CLIENT will pay to create a logo nor of an extra domain name registration that will be taken care of by the CLIENT. Those are not a part of this contract, but are mentioned here and are understood as being an additional charge.
$ xxx Total at beginning, upon signing of contract
Includes:
$xxx Hosting setup
$xxx Domain name registration (good for two years)
$xxx $xxx per month x three months of Web hosting
$xxx 50 percent of design work in advance
***
$ xxx Balance due upon completion of Web site design
(plus applicable taxes)
Includes:
$xxx 50 percent of design work upon completion
