2.In short
You, [CUSTOMER NAME], are hiring Pinson Marketing to design and develop a web site for the total price of [total] as outlined above.
3.What do both parties agree to do?
You have the power and ability to enter into this contract on behalf of your company or organization. You agree to review our work, provide feedback and approval in a timely manner. You agree to provide us with everything that we’ll need to complete the project including text, images and other information as and when we need it and in the format we ask for. You agree to stick to the deadlines established in the proposal.
We have the experience and ability to perform the services described and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. We will also maintain the confidentiality of any information that you give us.
4.Payment Schedule
1. Ten(10) percent of project total due at contract signing. This amount is non-refundable.
2. Forty(40) percent upon [customer name]‘s delivery of required content to commence project. This amount is non-refundable.
3. Balance due 10 days after delivery for your review and prior to delivery of completed project.
The grant of any license or right of copyright is conditioned on receipt of full payment.
5.Changes
Any changes made to the scope of the project after contract signing will require a CHANGE ORDER detailing changes and additional costs.
6.Client Responsibilities
As detailed in section E of PROPOSAL
7.Expenses
The Client shall reimburse the Designer for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment.
8.Assignment of Work
We reserve the right to assign other designers or subcontractors to the Work to ensure quality and on-time completion.
9.Cancellation
In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by Designer. All deposits are non-refundable.
10.Copyrights
When we receive your final payment, copyright is automatically assigned as follows:
1.You own the graphics and other visual elements that we create for you for this project. We’ll give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files we used to make them.
2.The markup, CSS and other code are owned by Pinson Marketing. The finished product(s) may depend on code, objects and other third party utilities that are the property of their respective owners. No rights to these dependencies are expressed or implied.
3.We reserve the right to display and link to your completed project as part of our portfolio, to write about the project on web sites and to use it for promotional purposes.
11.Modifications
Modification of the Agreement must be written, except that the invoice may include, and the Client shall pay, fees or expenses that were orally authorized in order to progress promptly with the work.
12.Security
Although Pinson Marketing makes every effort to provide a secure final product, due to the nature of rapidly advancing technology, we can in no way guarantee the finished product will not be subject to security breaches. We recommend the use of strong passwords and the observance of standard security practices. In order to minimize the chances of security violations, systems should be updated often. The client is solely responsible for tracking software updates, unless we are contracted to provide this service. Our providing of these services DOES NOT guarantee security, only that standard security practices are being deployed.
13.Limitation of Liability
THE SERVICES AND THE WORK PRODUCT OF DESIGNER ARE SOLD “AS IS.” NO WARRANTY FOR THE PRODUCT IS PROVIDED. WE CANNOT GUARANTEE THE FUNCTOONS CONTAINED IN ANY WEB PAGE TEMPLATES OR IN A COMPLETED WEB SITE WILL ALWAYS BE ERROR-FREE. IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF DESIGNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“DESIGNER PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF DESIGNER. IN NO EVENT SHALL DESIGNER BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY DESIGNER, EVEN IF DESIGNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
14.Dispute Resolution
Any disputes arising out of this Agreement shall be submitted to binding arbitration before 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 of judgment in the favor of the Designer.
