the Agreement
______________________ (hereafter known as "the client") has contracted WireBuilt (hereafter known as "the company") to design, publish, promote and maintain a World Wide Web site. For a period of time that shall be referred to as the "Term of the Agreement" WireBuilt is not an employee, or an agent of the client. The client authorizes the company to access his/her Internet account in order to establish, change or update the client's web page directory, subdirectory, or any other directories needed for the project. The company will also publicize the completed web page(s) to search engines and other directories and indices.
1. The client understands that the term of this agreement is 24 months in length, and that the client will be liable for the entire value of the agreement payable in $210 installments which shall be due on the 10th of each month commencing with the first payment on _____/ _____/ _____ and continuing each month until _____/ _____/ _____. The value of this agreement shall be the total of the installments as specified on the face of this agreement. All payments shall be made to: WireBuilt P.O. Box 144, Louisville, Nebraska 68037 The Agreement shall automatically renew at the end of the agreement term unless written notice is given by either party of their desire not to renew.
2. In consideration of the value represented by this agreement in it's entirety the company will at all times demonstrate due diligence and responsibility towards the maintenance and sustenance of the website presence in a manner that is consistent with the stated preferences and intentions of the client. The company will respond in 24 hours to any request for change or repair associated with the proper operation of the client website.
3. All text shall be supplied by client on diskette, or via email. If not, an additional fee of $10/hour may be necessary to convert the printed add text to the web site. Text should be limited to 300 words per page.
4. Custom graphics will be designed if specifically requested by the client at the rate of $50/hour. Standard bullets, lines, buttons, and backgrounds will be included at no extra charge. Logos will be added at no additional charge, unless they must be formatted, then an additional fee of $15 will be charged. In any event, any special charges will be confirmed in writing with the client in the form of a "work order" and signed by the client BEFORE any custom graphic work will begin.
5. Photos and other graphics, as supplied by client, will be loaded free of charge, unless they are not formatted correctly, then an additional fee of $15 will be added for each photo and/or graphic. Any such special charges will be confirmed in writing with the client in the form of a "work order" and signed by the client BEFORE any custom re-formatting work will begin.
6. Uploading, (publishing), of web documents is included in the value of the agreement.
7. Change Orders, (up to 4 per month non-accumulating), are included in the value of the agreement. Change orders are modifications that do not increase the binary size of the modified page, or substantially alter the graphic image of the page, and are submitted via the "Change Order Form" located on the WireBuilt website. Major renovations will be referred to as "Work Orders" and will be performed as requested and are billable at the rate of $25 per hour.
8. Email response links shall be included in the value of the agreement.
9. Image maps can be used for internal navigational purposes. Image maps shall be included in the value of the agreement.
10. The client understands that the company is not an Internet Service Provider (ISP), which requires a separate agreement with that company. However, the company will locate a service provider for you. This service is included in the value of the agreement.
11. WireBuilt will work with the client to complete the Web site in a timely manner. We agree to work expeditiously. To avoid additional fees, the client must provide the graphics and text in a timely manner.
12. WireBuilt can not and does not warrant that the functions contained in the web page(s) will meet the 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 page(s) and web site is with the client. In no event will the company be liable to the client or any third party for any damages, including profits, lost savings, or other incidental, consequential or special damages arising out of the operation of the web site. Client agrees that the sum total liability that WireBuilt shall assume in this agreement shall be for the total value of the agreement.
13. The client guarantees that any element of text, graphics, photos, designs, trademarks, or other artwork is owned by the client, or that the client has permission to use the elements. WireBuilt is held harmless from any suit or claim arising from use of such elements. The client shall allow the placement of a small Icon at the end of the homepage indicating that the site was built by WireBuilt as a part of the consideration for the design services in addition to the installment schedule as specified above.
14. If the client stops work after signing this agreement but before website publishing, he/she must contact WireBuilt (P.O. Box 144, Louisville, Nebraska 68037) within 30 days of signing of agreement.
15. FORCE MAJEURE. Neither party will be in default by reason of any failure in performance of this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control or foresee ability of such party, including, but not limited to, default by subcontractors or suppliers, acts of God or of the public enemy, U.S. or foreign governmental acts in either a sovereign or contractual capacity, fire, flood, epidemic, restrictions, strikes, and/or freight embargoes.
The undersigned agrees to the terms and conditions of this agreement on behalf of his/her organization.
CLIENT'S NAME: _______________________________________ DATE: ____________________
COMPANY: _______________________________________________________________________
ADDRESS: ________________________________________________________________________
PHONE: (___)__________FAX: (___)__________EMAIL ADDRESS: ________________________
PRESENT URL: ____________________________________________________________________
USER NAME: ____________________________________ PASSWORD: ______________________
the company REPRESENTATIVE:
______________________________ DATE: _____ /_____ /_____