Example website design contract

For your security and ours

Please contact us for details if you have questions regarding this contract. No work will begin until:

  1. Both parties have signed the contract and each have copies of it. This is often done electronically via HelloSign
  2. Thinking Man Creative has received the first half of the agreed upon payment. Via, Check, Cash, Square online, or Paypal

 

AGREEMENT FOR WEB DESIGN & DEVELOPMENT

1. Authorization. The Client, (authorizing persons name), authorizes Thinking Man Creative LLC also known as Thinking Man Creative Services at 408 NE 76th Ave, Portland, Oregon 97213 (herein referred to as the “The Company”) to develop a website for (client name and address) referred to as the “Client”) for the domain (list domain names primary first). The Client authorizes The Company to access Client’s web host server to upload and download files as needed from the Client directory for the purposes of creating a website.

Website Hosting Company: Thinking Man Creative  (Or whatever hosting company your client is using.)

Account Type: Billing Plan (be sure to KNOW the type of account being used, does it meet your needs?)

Monthly Cost: $__.__ First Month Free

(In this part of the contract we copy and paste the account creation from WHM)

Dns Zone check is enabled. +===================================+ | New Account Info                  | +===================================+ | Domain: ********.com
|Ip: 192.185.***.** (n)
| HasCgi: y
| UserName: bobsburgers
| PassWord: peopletastegood
| CpanelMod: x3
| HomeRoot: /home
| Quota: 500 Meg
| NameServer1: __.com
| NameServer2: __.com
| NameServer3: ns1.thinkingmancreative.com
| NameServer4: ns2.thinkingmancreative.com
| Contact Email: Dns @ thinkingmancreative.com
| Package: default
| Feature List: default
| Language: en +===================================+ …Done

Website Hosting Company Website Address: 
Thinking Man Creative LLC

Does this account have SSH access?: Yes

Does this account currently have a SSL (Secure Socket Layer Certificate?:

DNS Control

Domain Name Issuing Company (ie, godaddy.com, namespace.com: 
GODADDY.COM
Domain Control Panel Logon: ______________

Domain Control Panel Password:______________

The Client authorizes use of Client’s logo and all brand identification in the creation of the website. The Client also authorizes The Company to submit Client’s site to search engines and to any other directories requested by the Client for marketing purposes. If necessary, the Client authorizes The Company to purchase a domain, stock photography, and any other services or materials required for the express purpose of the creation of the Client’s website. Such purchases must be pre-approved by Client if they will result in additional charges to Client.

The client authorizes company to create and maintain the email account webmaster@yourdomainname.com for the duration of this project and maintenance contact if so applies.

2. Fees.
(INSERT ESTIMATE)

Total due for the website as discussed will be $XX,XXX.00 this fee will cover our scope as discussed and defined in section (3)

Additional time or Fees for website service are $175 per hour, other options include per fee updates or our maintenance plans. http://thinkingmancreative.com/services/website-maintenance/
Before The Company will begin work on the website, Client must sign and return this contract with the initial payment of half of the total estimate quoted below.

3. SCOPE.  (our scope section is large 3-10 pages and usually includes a copy of the client worksheet as they have filled it out online often.)

This website should at this time include the following pages (which may change title) .

  1. A landing page (home)
  2. An about page (       )
  • The clients will provide

o   A website privacy statement for use on the website

o   All the written content for the website as they would like it to appear

o   Any Graphics they would like to include

o   The client will establish the accounts at either paypal or a merchant account  the company will need access to either for only a short period of time for integration after which the client is expected to change access controls username and password etc.

4. Completion. The Company will submit final website to Client for approval in writing (email). If necessary, the Company will submit final website to search engines when both Client and The Company agree that website is ready for submission to search engines and directories.

Time required to make changes to website after The Company has already received final Client approval of the website will be added to the final bill. If Client has already received the final bill, time required to make changes to website after Client approval will be submitted to Client as a separate bill. The Company will notify Client before making changes after approval so that Client can approve extra costs. We recommend signing up for website maintenance plan to keep your site secure and up-to-date.

5. Payment Terms. Until payment is received in full, The Company owns the website design and any files created for the website. Once The Company has received payment in full, the website ownership is transferred to the Client. The company will retain rights to display links back to the companies website www.thinkingmancreative.com, the company will retain the right to display the completed work for portfolio or advertising purposes. The Company will bill client monthly for work performed on an hourly basis at the rate of $175 per hour. Any deposits paid by Client will be credited against The Company’s fee for each monthly billing cycle. The Company will notify Client before performing work that would cost beyond the initial payment, so that Client can approve extra costs. After all credits have been applied for Client’s deposit(s), payment for work done through the time of invoicing is due upon receipt of invoice.

6. Default in Payment. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.

7. Expenses. The Client shall reimburse The Company for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment. Any expenses for this assignment will be submitted for approval prior to billing with the understanding that mission critical expenses may halt the project until approval is obtained.

8. Deadlines. The Company agrees to have Client’s website completed no later than (completion date). This deadline can be reached only if the Client has provided all necessary graphics, text content, and logins to The Company by (content due date). The Company shall not be held responsible for delays to site development arising out of Client’s delays in providing graphics, text, and logins to The Company.

If website is not completed by (completion date)  due to lack of Client assistance, The Company may

a)     Extend the project deadline with the cooperation of the client (OR)

b)    Close the project and bill Client for work completed at up to $175 per hour, (OR)

c) The Company will create a website using all content that has been provided, and send a final bill for work completed to meet the project deadline.
c.1. The clients website will not become live to the public until the final payment has been provided by the client.

9. Copyright. The Client represents that all website content including logos, trademarks, photos, illustrations, audio, video, and written content provided to The Company are owned by the Client, or the Client has received explicit permission for use OR purchased the necessary license on behalf of the client to use the materials, and do not violate United States copyright law.

Client has also received permission from all individuals photographed to be shown on the web. Each person in photos going online understands that their face will be seen on the Internet. Any names and contact information placed on the website also have been provided with consent from each individual.

Client agrees to indemnify and hold Conscious Computers LLC, Thinking Man Creative its sub-contractors and contributors harmless against all claims, including but not limited to claims of copyright or trademark infringement, violations of the rights of privacy or publicity or defamation, arising out of use of the work.

10. Ownership of Copyright. The Company acknowledges and agrees that the Client retains all rights to copyright in the subject material that have been provided by the client, With the exception that follows The company will retain rights to display links back to the companies website(s) www.thinkingmancreative.com, the company will retain the right to display the completed work for portfolio or advertising purposes.

11. Ownership and Return of Artwork. All content created by The Company and/or it’s subcontractors for the Client are the property of the company until final payment has been secured, at which time intellectual property created for the client transfer via limited license to the client less individual matters of content licensing as defined in 11.a. Client hereby grants to The Company unlimited license to use the intellectual property created by the company for the client for the purpose of demonstration of past work performed via portfolio or advertising by the company.

12. Cancellation of Work.
In the event of cancellation of this assignment, ownership of all copyrights and any original artwork shall be retained by the designer.

By Client: Client may cancel work on the website at any time by submitting notice to The Company via certified mail. The Company will halt work upon receipt of certified letter from Client requesting cancellation. At that time, Client will be responsible for paying for all work completed prior to The Company’s receipt of cancellation request. Work completed shall be billed at an hourly rate of $175 per hour. If, at the time of request for refund, work has been completed beyond the amount of work paid for by the initial payment, the Client shall pay for work completed.

By The Company: The Company reserves the right to refuse service and cancel a website project if necessary, in which case, the balance of the initial payment will be returned to Client after all applicable fees have been deducted for work completed. The Company may cancel project for any reason it deems necessary, including but not limited to
(a) Client not providing necessary information, text and graphics in a timely fashion to The Company.
(b) Client refusal to work within the scope of this agreement
(c) Company and Client communication break down.
(d) the company and the client are unable to communicate in an effective and productive manor..

13. Internet Access. Access to the internet will be provided by a separate Internet Service Provider (ISP) to be contracted by the Client and who will not be a party to this agreement. This is most applicable to self hosted solutions.

14. Other Electronic Commerce Business Relationships. The Client understands that the web host, credit card processing services and any other businesses not owned by The Company are not parties to this contract and are separate business entities from The Company. The Client understands that The Company has no control over functionality or availability of website due to the actions or inaction of the web host server, credit card processing, online banking and any other business services the Client uses to transact business over the Internet outside of The Company. The Company makes no representations, warranties or guarantees for any recommendations of other Internet business partners.

15. Progress Reports. The Company shall contact or meet with the Client on a mutually acceptable schedule to report all tasks completed, problems, encountered, and recommended changes relating to the development and testing of the web site. The Company shall inform the Client promptly by telephone or email upon discovery of any event or problem that may significantly delay the development of the work.

16. The Company’s Guarantee for Program Use. The Company guarantees to notify the Client of any licensing and/or permissions required for art-generating/driving programs to be used.

17. Changes. The Client shall be responsible for making additional payments for changes in original assignment requested by the Client. However, no additional payment shall be made for changes required to conform to the original assignment scope description herein.  Changes that will result in fees beyond the initial working estimate must be pre-approved by Client.

18. Testing and Acceptance Procedures. The Company will make every good-faith effort to test all elements of the web site thoroughly and make all necessary corrections as a result of such testing prior to handing over the deliverables to the Client. Upon receipt of the web site, the Client shall either accept the web site and make the final payment set forth herein or provide The Company with written notice of any corrections to be made and a suggested date for completion, which should be mutually acceptable to both The Company and the Client and within the scope herein.

19. Sole Agreement and Amendment. This contract constitutes the sole agreement between The Company and the Client and hereby voids any prior agreements, written or verbal. This agreement may be amended, in writing, by both parties at any time.

20. No Guarantees. The Company makes no representations or guarantee as to the amount of traffic to the Client’s site or interest generated in the Client’s site. The Company makes no representations and does not guarantee an increase in Client sales, nor does The Company promise top listing in any search engine or directory. The Company will use its best efforts to perform under the contract, and makes no representation or guarantee that the site will be accessible by all browser and operating systems.

21. Electronic Commerce Law. The Client agrees that the Client is solely responsible for compliance with federal and/or state laws regarding any electronic commerce conducted through their website and will hold harmless The Company and her subcontractors from any claim, causes of action, penalty, tax, and/or tariff arising from the Client’s use of electronic commerce.

22. Confidentiality. The Company understands that it will be working with confidential Client information and will only release this information to parties directly involved in website creation. Client authorizes designer to release information to third parties requiring access for site creation. This includes, but is not limited to, website and email address user-ids and passwords, trade information, and banking information should the Client request online shopping. Upon website completion, Client will change any banking passwords The Company has had access to.
(a) If Client chooses not to retain Thinking Man Creative Services for website maintenance, Client will change ftp, email, and any other passwords The Company has had access to. Client will hold The Company harmless should breach of security occur if Client has not changed business passwords.

(b) If Client chooses to retain Thinking Man Creative Services for website maintenance; password management of this account will be the responsibility of the company, the company will maintain the system passwords, and provide the client with written updates of those passwords when necessary.

23. Security. 
Thinking Man Creative Services will make reasonable attempts to protect the integrity of the Client website. This includes patching any third party software, such as Content Management Systems, plugins, scrips, code, used on the Client’s site. However, as this software is not created by Thinking Man Creative Services, the designer can not be held responsible for security flaws by the software creators.
As no software or server is 100% safe from security breach, the Client understands that the designer can not be held accountable for all security breaches should they occur. Further, The Company is not to be held accountable for patching any software that has been installed to the site without The Company’s knowledge.

The Company will make updates and changes to the site, and provide information regarding the website to the Client and up two of Client’s designees (herein referred to as the “points of contact”). Should any other employee or member of the Client’s organization contact Thinking Man Creative Services regarding the website, the designer will contact one or all of the three designated points of contact with the issue. Client shall notify The Company of Client’s designees in writing, and shall identify them by name, email address and phone number. Any email requesting changes to the site or information from the site that is not from a point of contact email on file will be referred to a current point of contact. Points of contact may be changed at any time during the maintenance of the site, provided notice is made to the company in writing from a designated contact email.

The Client will also provide an emergency contact and phone number should there be an emergency requiring input from the Client.

24. Accessibility, Usability, Cross-Platform Issues. The designer will do their best to make sites as accessible, useable, and cross-platform as possible. Client understands that some site features will cause a website to not meet these standards 100%. The Client understands that no website will look and function identically all browsers and operating systems and that any attempt to do so is futile.

Client will be informed if features requested by the Client will negatively impact website accessibility, usability, and cross-platform use. Client agrees to indemnify and hold Thinking Man Creative Services harmless against all claims with regard to these matters.

25. Continuing Website Maintenance and Promotion. No agreement for continuing website maintenance and promotion is contained in this contract. No website maintenance or promotion will be performed by designer unless all parties reach an agreement to do so and all parties sign a website maintenance or website promotion agreement.

The undersigned agrees to these terms on behalf of his or her organization or business. The undersigned represents that he/she is fully authorized to sign this agreement on behalf of the organization or business represented, and that the business entity represented is bound by this agreement.

26. Unauthorized Use and Program License. The Client will indemnify The Company against all claims and expenses arising from uses for which the Client does not have rights to or authority to use. The Client will be responsible for payment of any special licensing or royalty fees resulting from the use of graphics programs that require such payments, provided that Client pre-approves the use of such graphics programs that result in special licensing or royalty fees.

 27. Warranty of Originality. The Company warrants and represents that, to the best of its knowledge, the custom design work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that The Company has full authority to make this agreement; and that the work prepared by The Company does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of The Company’s product that may infringe on the rights of others. CLIENT EXPRESSLY AGREES THAT IT WILL HOLD THE COMPANY HARMLESS FOR ALL LIABILITY CAUSED BY THE CLIENT’S USE OF THE COMPANY’S PRODUCT TO THE EXTENT SUCH USE INFRINGES ON THE RIGHTS OF OTHERS.

28. Acceptance of Terms. The signature of both parties shall evidence acceptance of these terms.

39. General Matters.
This Agreement shall be governed by the laws of the State of Oregon and shall be construed in accordance therewith.

No provision of this Agreement may be waived, except by an agreement in writing
by the waiving party. A waiver of any term or provision shall not be construed as
a waiver of any other provision.

This Agreement shall be binding upon the parties, their successors, and assigns.

This Agreement may be amended, altered, or revoked at any time, in whole or in part, by the written agreement of the parties hereto.

Any notice required to be in writing under this Agreement shall either be sent by
certified mail, return receipt requested, or by personal delivery, or by fax, or by email and shall be considered as received from the party delivering such notice as of the date of the signing of the return receipt in the case of certified mail or upon the date of the signing of a receipt upon delivery in the case of personal delivery.

The undersigned agrees to these terms on behalf of his or her organization or business. The undersigned represents that he/she is fully authorized to sign this agreement on behalf of the organization or business represented, and that the business entity represented is bound by this agreement.

 

 

_____________________________________   (date)
(client name)

 

______________________
Joshua Patterson
Thinking Man Creative LLC
Oregon Business Registry Number :
Our Tax ID Number : 

 

 

 

 

Payment Information

Please make all checks payable to
Thinking Man Creative LLC
Mail all checks to
Joshua Patterson
Thinking Man Creative
408 NE 76th Ave
Portland, Oregon 97213
Total due upon Signing $XXXX.XX

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