Website Contract

Our desire is to please our clients.  In order to succeed and accomplish this, we have a fairly detailed agreement so there is no misunderstanding. These are the terms of our agreement together:

Contact Name _____________________________________________________________________

Phone _____________________________________

FAX _________________________________

Company Name_____________________________

Company Address ______________________________________________________________________

______________________________________________________________________

City __________________________________ State __________ ZIP __________

E-mail address ______________________________________________________________________

Present WWW URL (if any): ____________________________________________________________

Username ____________________________ Password ______________________

1. Authorization: The above-named client is engaging Ideation Web Studios (Ideation) located at 840 23^rd Street, Suite A Virginia Beach, VA 23451, as an independent contractor for the specific project of developing and/or improving a World Wide Website to be installed on the client's web space on a web hosting service's computer. The client hereby authorizes Ideation to access this account, and authorizes the web hosting service to provide Ideation with "write permission" for the client's web page directory, and any other directories or programs which need to be accessed for this project. The client also authorizes Ideation to publicize their completed website to Web search engines, as well as other Web directories and indexes. Ideation will not install any items on a 'free' hosting server.

2. Website Content: The content of the web pages will be supplied by the client. This website includes 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 Ideation an additional $100 for each additional web page. Where custom graphic work is requested, it will be billed at the hourly rate specified below.

3. Changes to Submitted Text: Please send us your final content. You are responsible for spelling and grammar.  This content is required 2 weeks prior to the “go live” date as mentioned in the signed Guidelines and the signed Quote. Time required to make substantive changes to client-submitted text after the web pages have been constructed will be additional, billed at the hourly rate.

4. Domain Name Registration: Domain name registration is not included in the price of web design or web hosting.  The cost to register your domain name is $25.00.  If you wish Ideation to register your domain name at a cost of $25.00 please sign here __________________. Otherwise, please have your domain ready for our use.

5. Scope of Work: When an agreed upon Quote has been signed and returned to Ideation, we will then set up a meeting in which to discuss more specifics on the website design. This will be an hour long meeting in our office where we will go through color choices, other websites that are appealing, format, etc…in order to come to a thorough understanding of the vision. At this meeting, the down payment of 50% is required.  After the deposit and meeting is completed, we will begin developing a mock-up website to show you what your site will look like upon completion. We will send this to you within 1 week of the meeting.  Once you have looked at the mock-up, you will be asked to make any changes you would like to see. We ask that these changes are documented via email or other form of communication so there is no misunderstanding.  We will then make the changes and build the website according to the new specifications.  When the website is completed, we will send you the final view on our server to take a look at for the final time.  At that time, we can accept a few minor changes not to exceed an hour of work in order to make sure that you are completely satisfied with the final product.  At this time we will need the final payment of 50% and upon receipt of the balance we will transfer your website to your domain and give you all of the design files on a USB.

6. Completion Date: Ideation and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website no later than the decided date. (Please also refer to the calendar created for this project for specific deadline dates)  If the client does not supply Ideation complete content and graphics deadline for content and graphics listed on this Agreement the final payment becomes due as soon as we are finished with our development. If the client has not submitted complete text and graphics content within two weeks after completion of the website design and development, an additional continuation fee of 20% of the total contract price will also be assessed each month. Client is again advised to send us your final content as soon as possible, along with any photos, diskettes, brochures, or advertising material useful for completing the website project.  If the client would prefer to insert the content, then final payment is due when the project is complete and no fees will be assessed with regard to content being late.

7. Payment of Fees: Fees to Ideation 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. In case the client has not secured Web space on a web hosting service by the time the web pages are completed, the web pages may be delivered to the client on a CD or by USB (provided by client). Final payment must be made before the website will “go live” and be transferred to the client’s  domain. Advertising the pages to Web search engines and updating will also occur only after the final payment is made. All payments will be made in US funds payable to Ideation Web Studios, and mailed to 840 23^rd Street, Suite A Virginia Beach, VA 23451.

8. Additional Expenses: Client agrees to reimburse Ideation for any additional expenses necessary for the completion of the work.  Examples would be (but are not limited to): purchase of special fonts, graphics, stock photography, templates, themes, software, scripts, etc.

9. Additional Services: Any revisions, additions or redesign client wishes Ideation to perform not specified in this document shall be considered 'additional' and will require a separate Agreement and payment.

10. Assignment of Project: Ideation reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

11. Legal: Ideation 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 website is with client. In no event will Ideation 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 Ideation has been advised of the possibility of such damages. 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.

12. Copyrights and Trademarks: The client represents to Ideation and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Ideation 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 Ideation and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

13. Laws Affecting Electronic Commerce: From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Ideation and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

14. Copyright to Web pages: Copyright to the finished assembled work of web pages produced by Ideation is owned by Ideation. Upon final payment of this contract, the client is assigned rights to use as a web site the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Ideation and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

15. Payment of fees: In order for Ideation to remain in business, payments must be made promptly. Delinquent bills will be assessed a $30 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 10% penalty will be added for each month of delinquency. Ideation 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 Ideation. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Virginia Beach, Virginia, and any dispute will be litigated or arbitrated in Virginia Beach, Virginia.

16. Sole Agreement: The agreement contained in this "Website Design Contract" constitutes the sole agreement between Ideation and the client regarding this website. 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 two (2) months after both parties sign this contract. Continued services after that time will require a new agreement.

17. Age: Client certifies that he or she is at least 18 years of age.

18.  Authorship Credit: Client agrees that Ideation may put a byline and hyperlink on the bottom pages of their website establishing authorship credit and copyright notice and that Ideation may advertise client's website as an example of their work.

19.  Website Content: Ideation will not design or host any website containing adult content or pornography.

20. Initial Payment and Refund Policy:

The total amount of this contract is $_____ comprised of $____ for web design by Ideation, $__________ for website hosting & standard website maintenance by Ideation,   and $ ________ for domain name registration by Ideation.

This agreement begins with an initial payment of $_________. If the client halts work and applies by registered letter for a refund within 30 days, to Ideation, 840 23^rd Street, Suite A Virginia Beach, VA work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.

21. Entire Understanding: This contract constitutes the sole agreement between Ideation and the Client regarding its Web Design Service.  It becomes effective only when signed by both parties.  This agreement shall be governed and construed in accordance with the laws of the State of Virginia.

The undersigned agrees to the terms of this agreement on behalf of his or her organization or business. No responsibility will be accepted for digital or photocopied signatures.

On behalf of the client (authorized signature):

_______________________________________ Date ________________

On behalf of Ideation (authorized signature)

_______________________________________ Date ________________