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Contract for Web Services
The following contract will govern all services rendered by the
Writing Shop to web clients. It is published here as a matter of public record and shall be deemed binding upon acceptance of any work order initiated by client. Client’s signature on said work
order constitutes acceptance of these contract terms and conditions in full.
1) Design Methods:
While we will make every effort to realize your vision for this site, you’re asking us to design your web site, and we will use professional level graphics and layout applications to complete this work. There are many ways to design a web page, but some methods are more efficient than others. We use specialized web components and programs to streamline this design process, which helps keep your costs as low as possible. While every design is a combination of the designer’s work and the client’s vision, clients sometimes ask us to do things in a web page design that are, frankly, not good or efficient from a design standpoint. The
pricing above assumes we can use our design tools and experience to best advantage in the design of your site. If you insist on having us design in a way that is less efficient, the extra time it
takes us to implement your request is billable, and will be added to the base design costs outlined above.
2) Work Orders: Work
orders are active upon receipt of a deposit equal to 50% of the service total estimate. The account balance is due within 30 days or at the time of final review, whichever comes first, though lengthy
projects may receive installment billings on a monthly basis. In these cases your account is charged for work completed at the end of any billing period where it is in production. Billing periods are
generally the 15th or 30th of the month, or when any site materials or files are released to the client for any reason.
3) Change orders:
After completing a style sheet and submitting sample pages for client review and approval, if we then go forward and build out your site in that style, and you subsequently decide to change the colors or other elements of that style, the changes are billable. In like manner, if you have a specific page layout model in mind, and then later change your mind to alter these layouts in any significant way after they are built, the revisions are billable at our normal rates.
4) Payment: Clients
generally maintain an account with a major credit card (Visa, MC or Amex) on file with the Writing Shop. We may, at our discretion, accept client payment by check or money order. In such cases,
Invoices
are generally due upon presentation and are considered “late” after 10 work days. Late invoices are subject to a 5% late fee after 30 days and a 10% late fee each month late thereafter. Accounts that are 90 days or more late will be closed. All fees are for services rendered and not subject to cancellation on work completed, published, or released to the client, or their authorized employee or agent, in any tangible form, such as CD ROM or digital files.
5) Authority: Client’s
original signature or verbal authorization initiating any service contract is binding on any and all future updates, revisions or change orders made in the course of normal business relationships
concerning that account. (We often receive change orders verbally, via telephone, or by fax or e-mail communication. All such change orders are sanctioned by the authority of the client’s
original signature/authorization on the first work order initiating any business relationship with the Writing Shop. (Therefore, The Writing Shop need not obtain unique signatures or authorizations on
each and every change order, which would be impracticable.) Client understands that by opening an account with the Writing Shop they are authorizing charges to their account for all services rendered.
Client may terminate services at any time upon written or verbal notice, and agrees to pay any balance due on the account within 10 days of contract termination.
6) Client Content:
Clients desiring specific content for their web site are responsible for providing images, text, logos, or other files or materials in a prompt and timely manner. Work orders that are inactive because they are awaiting client content will be held open for a period of no more than one year, after which the work order will be closed and the client shall forfeit all deposits or payments made to that date. The Writing Shop may, at its discretion, choose to reopen work orders as a service to the client, but is not obligated to do so. The Writing Shop will archive all site materials for closed work orders and client is responsible for annual archiving and maintenance fees should the work order be reopened.
7) Archiving:
Site materials, graphics, resource files and code compiled or created by the Writing Shop as part of any work order will be archived as long at the Writing Shop continues in business, but are subject to an annual fee for maintenance, archiving, and migration of said files to new computers and software. The annual fee shall be based on the structured page count of the the web site at a rate of $1/page, with a minimum annual charge of $10 and a maxim annual charge of $100 for any web site.
8) Publication:
Client is deemed “publisher” and is solely responsible for all content placed on the Internet in their web site. Client is responsible for final proofing of work content and all link information and the Writing Shop is not responsible for errors or omissions after this 10 day review period. Form submit features are activated upon final payment and publication. ”Publication” is defined as any fixing of site files, text, graphics, html code or other digital code in any tangible form, be it on an Internet based web server, or to a local folder or CD-Rom that is released to the client. Release of site files to client in any form shall constitute “publication.” After publication, or release of site materials to the client in any form, client failure to communicate desired revisions or additions after the 10 day review period has expired will indicate acceptance of the web site content as designed.
9) Revisions:
After publication or release in any form as defined above, further site additions, changes and revisions are billable at a discounted design rate. Client must initiate any change order to revise site content. The Writing Shop will not alter site contents without a specific directive from the client, or without receiving required content from the client, be it verbal or written in any form. Receipt of verbal or written instructions to revise or alter web site content, and receipt of digital images or text as content, will be considered a valid work order initiated by the client and will be governed by the authority of the clients original signature as indicated in section 5 above. The Writing Shop may choose to waive revision charges for minor page alterations, but significant alterations are billed at our normal rates. We’re fair, and we will give you the best price possible on any changes or revisions to your site.
10) Site Release:
Web sites designed by the Writing Shop are released to client or their designated outside Webmasters for a one time nominal fee of $50. for disk media and file contents. Release fee will be applied against any deposit on work order for inactive accounts. We reserve the right to remove the “Site Designed by the Writing Shop” designation if site design or content revisions made by outside Webmasters do not meet acceptable design standards. Once released, client is solely responsible for maintenance, revision and content of the web site, and the Writing shop shall have no further involvement in, or liability for, any aspect of the project. Sites requiring additional design, revision or “fixing” by the Writing Shop will be subject to a site import fee of $5/page.
11) Indemnity:
The Writing Shop is not responsible for any loss or revenues or other liability due to failures of client to provide content in a timely manner, failures of software, Internet servers, host companies or the Internet in general! The Writing Shop is not responsible for any breach of Host-end server security, or for any other security breach due to the client’s failure to order adequate security measures as part of their web design services. Clients should be aware that most e-mail is NOT secure, and e-mail submit form setup is therefore not a secure way to transmit data over the Internet. The Writing Shop is not responsible for any breach of security on e-mail form submissions ordered by the client. Client is responsible for ordering security measures to be implemented or otherwise contracting for required security with an outside party. On forms configured to submit using the “post” to server method, the client is responsible for ordering VeriSign security certificates.
Host End Services:
Most security protocols are a “host end service” and not generally part of the site design process. SSL Certificates are installed and maintained by the client’s Internet web host. The Writing Shop is a design service and does not function as a host or offer web hosting services of any kind. We can, however, refer the client to reliable Internet hosting services, and facilitate that relationship.
12) Binding agreement: By signing or verbally authorizing any work order initiating services with the Writing Shop, client agrees to be bound by all provisions of this contract as detailed here in
this web document, (which is made a matter of public record and maintained live on the Internet at all times.)
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