Proposal: A proposal shall be provided to the Client which outlines the general scope of the web design project. Additionally, the proposal shall include an estimate of the costs involved to complete the project. Work outside the scope of the agreement will incur additional fees at the then in effect hourly rate. Continued services after that time will require a new agreement.
Client Responsibilities. The Client and/or Client’s subcontractors will provide accurate, complete and timely information and materials to Design Neesh. The Client guarantees that they have all the necessary rights and ownership in such materials to permit Design Neesh to use them for the project. The Client will provide all text to be used in web pages, unless otherwise negotiated.
The Client agrees to give access (usernames, passwords, and any other required permissions) to existing or future domain registration, hosting accounts, and affiliated service-providers as needed to accomplish the goals set forth in the written proposal. The client also authorizes Design Neesh to publish their completed website to web search engines, as well as other web directories and indexes, if this is included in the scope of the project.
Client Approvals. The Client will approve and proofread all final designs and type. Design Neesh will make all efforts to ensure that no information is misrepresented. However, the Client assumes all responsibility for content. The Client’s approval of all tangible materials and artwork will be assumed after the work has been submitted to the Client for review, unless the Client indicates otherwise in writing.
Client Changes. In order to avoid errors, text changes and corrections will not be taken over the telephone and must be provided electronically. Any text with extensive changes must also be provided as marked up hard copy, indicating the revised text.
Stock Photography. Design Neesh agrees to provide up to 5 stock photos during the web design process. Any photos acquired by Design Neesh for inclusion in the client’s website remain the property of Design Neesh and may be used in multiple, separate projects. Should the Client require full ownership of the provided photography, these terms must be disclosed in writing.
Web Browsers: Design Neesh will verify the design and functionality of all websites on the following internet browsers: Current versions of Internet Explorer, Firefox, Google Chrome and Safari. Should an update or up-version of any of these browsers result in the corruption of the website in part or in whole, the Client understands that any revisions or corrections will be made at the client’s expense, billed at the Designer’s current hourly rate.
Payment. In return for website design, the Client agrees to pay the total invoice amount in three payments, the final payment at site launch. A deposit is required before any work begins and the remaining 2 payments when stage site is erected, and final website design is approved. The Client understands that the final website design belongs toDesign Neesh until paid in full. In the event of termination of this Agreement,Design Neesh owns the website design and has the right to complete, exhibit, and/or sell the design (not including business name). The Client understands that once the final invoice is paid in full, The Client has the right to use images of the website design in all media useful for business promotion and that Design Neesh reserves the right to display the website for business promotional use. Design Neesh reserves the right to suspend work and/or remove web pages from viewing on the Internet until final payment is made. If case collection proves necessary, the Client agrees to pay all fees incurred in that process.
Schedule. The work outlined in this agreement will be turned around within a reasonable, non-rush schedule to be determined, where possible, and mutually agreed upon at the start of each project. Late or weekend hours incurred to accommodate additional compressed deadlines, if needed, will be negotiated separately. Schedules assume timely review and response by the Client of all deliverables.
Work Hours/Days. This agreement assumes work will be completed within the standard work week (Monday through Friday, 9 a.m. to 6 p.m.). Design Neesh is unavailable on all major holidays and the entire week of Christmas and New Years.
Delays and Termination. The Client has the right to terminate this Agreement if, Design Neesh fails to complete the web site within the agreed upon timeframe of deposit submission. If agreement is terminated for any reason other than failure to deliver within the agreed upon timeframe, Design Neesh shall retain the deposit. If any part of the work for this project is delayed by the Client for longer than the agreed upon timeframe, Design Neesh will bill for work completed.
Design Neesh shall not be deemed in breach of this Agreement if Design Neesh is unable to complete the Services or any portion thereof by reason of illness, injury, or other events beyond the Designer’s control, such as: fire, theft, computer failure, and Acts of God. Upon occurrence of any Force Majeure Event, Design Neesh shall give notice to Client of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.
Performance Liability: Design Neesh does not warrant that the functions supplied by web pages, consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with the Client. In no event will Design Neesh be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if the Designer has been advised of the possibility of such damages.
Support Services. Warranty Period. “Support Services” means commercially reasonable technical support and assistance to maintain and update the Deliverables, including correcting any errors or Deficiencies, but shall not include the development of enhancements to the Project or other services outside the scope of the Proposal. During the first month following expiration of this Agreement (“Warranty Period”), if any, Design Neesh shall provide up to 5 hours of Support Services at no additional cost to Client. Additional time shall be billed at Design Neesh’s regular hourly rate, then in effect upon the date of the request for additional support.
Maintenance Period. Upon expiration of the Warranty Period and at Client’s option, Design Neesh will provide Support Services for the following 12 months (the “Maintenance Period”) at the Design Neesh’s regular hourly rate. The parties may extend the Maintenance Period beyond one year upon mutual written agreement.
Enhancements. During the Maintenance Period, Client may request that Design Neesh develop enhancements to the Deliverables, and Design Neesh shall exercise commercially reasonable efforts to prioritize resources to create such enhancements. The parties understand that preexisting obligations to third parties existing on the date of the request for enhancements may delay the immediate execution of any such requested enhancements. Such enhancements shall be provided on a time and materials basis at Design Neesh’s then in effect price for such services.
Hosting. Unless otherwise agreed upon, site hosting is the responsibility of the Client. For an additional fee, Design Neesh will handle the initial set up of the hosting service. Thereafter, it is the Client’s responsibility to maintain.
Length of Storage. Design Neesh agrees to store all final electronic files created for the Client for a maximum of two years.
Design Credit. Once your new website or blog is installed and live on the web, you must agree to keep the Design Neesh attribution in the footer section until you decide to remove the website or blog template in its entirety. You are prohibited to remove the credit link at the bottom of the page. If the credit link is removed or replaced, it is in direct violation of copyright and all support (present and future) will void.
Ownership: You, the Client, have ownership of the final website design for use in any media application that is beneficial to your business. Design Neesh retains the right to use images of the finished website within printed and online portfolios, including promotional materials such as newsletters and advertisements once the project has been made public. The Client also givesDesign Neesh permission to use their full name, business address, and/or website address, for testimonial purposes on her website, or other business related media.
Copyrights and Trademarks. The Client represents to Design Neesh and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Design Neesh 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 Design Neesh from any claim or suit arising from the use of such elements furnished by the Client.