Web Site Design Project Contract | BirdMad Media, LLC
Client (hereinafter referred to as "Client") is engaging BirdMad Media 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.” The Client hereby authorizes BirdMad Media to access this account, and authorizes the Hosting Service to provide BirdMad Media and its designer 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 BirdMad Media to submit the completed Web Design Project to major Web Search Engines.
This Web Design Project will be developed using Wix.com & Adobe Products.
Compatibility - Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. However at BirdMad we design our sites using specific design parameters. Wix gives you full control on how to best present your website to make it as compatible as possible on all resolutions.
3. Assignment of Web Design Project.
BirdMad Media 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 John Zontini and/or BirdMad Media,LLC 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 hold harmless, protect, indemnify and defend John Zontini and BirdMad Media,LLC and its subcontractors from any liability (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 period of 1 month after launch, up to an average of one half hour per regular web page, including updating links and making minor changes to a sentence or paragraph. It does not include major page reconstruction, new pages, images, guestbooks, discussion webs, navigation structure changes, design changes, any forms of online advertising, any forms of social media management or attempted updates by Client repairs or Web Design Projects delivered to Client via diskette, U.S. mail and e-mail. The period begins on 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 $35.00 per hour rate. (Notice: This rate is subject to change at any time based upon the current economy and current market changes that may occur with the progression of the industry.) All payments, regardless of amount, must be made within 30 days of due date.
6. Completion Date.
BirdMad Media and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project no later than 90 days after Client has submitted all necessary materials. If the Client does not supply BirdMad Media with complete text and graphics content for this Web Design Project within 30 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by BirdMad Media as liquidated damages and the contract shall become null and void, at BirdMad Media's option, unless the Web Design Project is canceled in writing by the Client prior to 30 days of the effective date of the agreement.
7. Project Delivery.
The final web site design project will be published to the Client's hosting service upon receipt of final payment. The Client understands that BirdMad Media does not provide any hosting services in connection with this Web Design Project. Hosting services are provided through Wix.com allowing full access to design software and customer service. 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 hold harmless, protect, and defend BirdMad Media, LLC's designer and BirdMad Media,LLC and its subcontractors from 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. Web Design Project Copyright.
Copyright to the finished design of the web site produced by BirdMad Media, LLC will be owned by BirdMad Media,LLC. The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs specifically are not transferred to the Client, and remain the property of their respective owners. BirdMad Media,LLC and its subcontractors retain the right to display graphics and other Web Design elements as examples of their work in their respective portfolios. All Web Design Projects will contain a copyright/legal statement with a link to BirdMad Media,LLC's Design Services Web Site.
Payments must be made promptly based on the terms of this Web Site Design Project. BirdMad Media,LLC reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. All final payments and additional charges are to be made within 30 days after completion and approval of the Web Design Project by the Client. In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred by that process. The Client agrees that for purposes of venue, this agreement was entered into Virginia Beach, Virginia and any dispute will be litigated or arbitrated in Virginia Beach, Virginia and the Client hereby consents to the personal jurisdiction of the Virginia 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 full final payment is made. All payments will be made in U.S. Dollars.
Notwithstanding anything to the contrary contained in this contract, neither BirdMad Media,LLC nor any of its employees or agents, warrants 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 BirdMad Media,LLC 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, you or your site visitor's computer or Internet software, even if BirdMad Media has been advised of the possibility of such damages.
13. This Agreement.
This agreement constitutes the sole agreement between BirdMad Media and the Client regarding the 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 both Client and BirdMad Media, LLC. This agreement is automatically applied when client pays downpayment for website development work. Clients payment of Website Development downpayment is acknowledgement of and agreeance to this contract