Allen Kelly & Associates... Contracts and legal stuff

Website design, creation, publishing, promotion and advertising since 1994

Contracts and legal stuff

Page Design and Maintenance Agreement

To be used in conjunction with the WWWeb Publishing and Page Planning Worksheet.

Contact Name: ______________________________ Phone ___________

Company/Client: _____________________________ FAX ___________

Address: _____________________________________________________

City ____________________ State ____ ZIP ____ Country ___

E-mail address ______________________________________________

Present WWW URL [if any]:

http://_______________________________________________

Username ________________ Password ______________________

Our desire is to create a lasting relationship with our clients. One way is to have a clear understanding of the duties and responsibilities of each party. These are the terms of our agreement together:

1. Authorization. The above-named client is engaging Allen Kelly & Associates/BCV, Inc. 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 on an Internet Service Provider's computer. The client hereby authorizes Allen Kelly & Associates/BCV, Inc. to access this account, and authorizes the Internet Service Provider to provide Allen Kelly & Associates/BCV, Inc. with "write permission" for the client's web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project.

2. Package Elements. Allen Kelly & Associates/BCV, Inc. includes the following elements in their WWWeb Publishing and Web site packages:

E-mail/phone consultation [Up to 2 hours marketing and Web design consultation. Telephone long distance charges are in addition to package rates quoted.]
Words of text supplied by the client in a word processor [i.e... Word, Wordperfect, Word Pro, Ami Pro] or ascii format on diskette or e-mail attached file.
Links to external pages, up to 3 per page.
Custom Graphics Package. Masthead graphic on first page [simple custom graphic incorporating company logo]. Top-of-page graphic for all other pages in your Web site. Colorful lines and bullets, and colored and textured background.
Photos and other misc. graphic images supplied by client [up to 2 included per page in package Web sites, in addition to masthead and top-of-page graphic. Color originals larger than 3" x 5" are extra].
Installation of Web pages on the client's ISP host computer.
Updates and changes to existing Web pages for one year [Includes up to one hour per page total. Additional changes billed at hourly rate.
E-mail response link on each Web page to any e-mail address the client designates.

3. Standard WWWeb packages only. The content of the Web pages will be supplied by the client and executed as specified by the client in the "WWWeb Publishing and Page Planning Workheet" dated _______________.

All prices are quoted in U.S. Currency.
Notwithstanding any prices listed in our literature or on our Web pages, the client and Allen Kelly & Associates/BCV, Inc. agree that the services described in this contract shall be completed for $__________________ which shall include up to ______ Web pages. In case the client desires additional standard Web pages beyond the original number of pages specified above, the client agrees to pay Allen Kelly & Associates/BCV, Inc. an additional $_______ for each additional Web page.

Notwithstanding any prices listed in literature or on Web pages, the client and Allen Kelly & Associates/BCV, Inc. agree that the services described in this contract shall be completed for $__________________ which shall include up to:

_____ Regular Web pages. These include up to one hour of updating, an average of 2 photos or graphics each at no additional charge.]
_____ Photos or graphics for product pages supplied as hard copy [Photos or graphics larger than 3" x 5" incur extra charges.]
_____ Photos or graphics for product pages supplied in digitized form on disk.

4. Special Instructions. The space below describes any changes the client desires from the services outlined above:

5. Maintenance and Hourly Rate. This agreement includes Web page maintenance to regular Web pages over a 12-month period up to an average of one hour per regular page, including updating links and making minor changes. The 12-month maintenance period commences upon receipt final payment for this Web site package. Changes requested by the client beyond those limits will be billed at the hourly rate of $ _________. This rate shall also govern additional work authorized beyond the maximums specified above for such services as marketing consulting, Web page design, editing, and art, photo, and graphics services.

6. Changes to Submitted Text. Time required to make substantive changes to the text which are requested after the Web pages have been constructed will be deducted from the hours reserved for updating the completed Web site.

7. ISP. The client understands that any Internet Service Provider [ISP] services require a separate contract with the ISP of the client's choice. The client agrees to select an ISP which allows Allen Kelly & Associates/BCV, Inc. full access to the Web site and a cgi-bin directory via FTP and telnet. The client further understands that if the ISP's operating system is not a Unix system, additional charges may be incurred.

8. Completion Date. Allen Kelly & Associates/BCV, Inc. and the client must work together to complete the Web Site in a timely manner. We agree to work expeditiously to complete the Web Site no later than _________________________.

9. Payment of Fees. Fees to Allen Kelly & Associates/BCV, Inc. are due and payable on the following schedule: 50% upon signing this contract, 50% when the Web pages have been constructed according to the client's original written specifications. If the total amount of this contract is less than $500 US [five hundred dollars US, the total amount shall be paid upon signing this contract. In case the client has not secured Web space on an Internet Service Provider computer by the time the Web pages are completed, the Web pages may be delivered to the client on diskette. Advertising the pages to Web search engines and updating occur only after the final payment is made. All payments will be made in US funds.

10. Assignment of Project. Allen Kelly & Associates/BCV, Inc. reserves the right to assign other Web designers or subcontractors to this project to insure the right fit for the job as well as on-time completion.

11. Legal Stuff. Allen Kelly & Associates/BCV, Inc. does not warrant that the functions contained in these Web pages or the Internet Web site will meet the client's requirements or that the operation of the Web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web pages and Web site is with client. In no event will Allen Kelly & Associates/BCV, Inc. 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 Web site, even if Allen Kelly & Associates/BCV, Inc. has been advised of the possibility of such damages.

12. Copyrights and Trademarks. The client represents to Allen Kelly & Associates/BCV, Inc. and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Allen Kelly & Associates/BCV, Inc. 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 Allen Kelly & Associates/BCV, Inc. from any claim or suit arising from the use of such elements furnished by the client.

13. Copyright to Web Pages. Copyright to the assembled work of Web pages produced by Allen Kelly & Associates/BCV, Inc. is owned by Allen Kelly & Associates/BCV, Inc.. Upon final payment of this contract, all rights owned by Allen Kelly & Associates/BCV, Inc. as to the design, graphics, and text in this Web site are assigned to the client. Rights to photos, graphics, and CGI programs which were not owned by Allen Kelly & Associates/BCV, Inc. are limited to the client's use only; the products themselves remain the property of their respective owners.

14. Payment of fees. In order for Allen Kelly & Associates/BCV, Inc. to remain in business, payments must be made promptly. 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. Allen Kelly & Associates/BCV, Inc. 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 agreement becomes effective only when signed by Allen Kelly & Associates/BCV, Inc.. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Linn County, Oregon, USA and any dispute will be litigated or arbitrated in Linn County, Oregon, USA..

15. Sole Agreement. The agreement contained in this "WWWeb Publishing, Page Design and Maintenance Agreement" constitutes the sole agreement between Allen Kelly & Associates/BCV, Inc. and the client regarding this Web site. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for twelve [12] months after both parties sign this contract. Continued services after that time will require a new agreement.

16. Initial Payment. This agreement is effective, with the initial payment of $_____________

The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.

On behalf of the client:
_______________________________________
Date
________________

On behalf of Allen Kelly & Associates/BCV, Inc.

_______________________________________
Date
________________

Call us for quote on your website and electronic publishing needs.
"You will be pleasantly surprised!"
e-mail: allen@adkelly.com

Allen D. Kelly & Associates/BCV, Inc.
4276 Siletz Highway
Lincoln City, OR 07367

Phone: 541/994-5476
Toll Free: 1 800 349-5283