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In consideration for Client retaining
Custom Websites to design or redesign, build, and/or maintain a website
for Client, it is agreed as follows:
1.
Compensation and Term
The "Client" retains Custom Websites,
and Custom Websites agrees to perform the following services: designing or
redesigning, and/or building, and/or maintaining a website for the Client
according to “specifications agreed upon” and detailed at the bottom of the
contract, between Custom Websites and Client, or on the Lease-Quote provided to
Client.
Client is solely responsible for
supplying website content and images. If it is necessary to purchase
images or fonts, the actual costs will be charged to the client. Purchases
will be pre-approved by the client. Any products or services not
specified in this contract are not required of Custom Websites.
The following fees shall apply:
The fee is determined by the package
selected. The first and last months’ payments are due after initial
consultation and before work is begun. The initial term of the lease is 24
months. At the end of 24 months, the lease will automatically renew at 3 month
intervals unless written notice is provided 60 days prior to the end on the
lease by either party (Client or Custom Websites) with intent to cancel lease.
Buyout
formula: Purchase price minus 60% of the monthly payment times
number of months paid equals the buyout price. Client has the
options of buying out the lease at any point during lease.
2. Warranties
by Custom Websites
Custom Websites represents and
warrants to Client that it has the experience and ability to perform services
required by this Agreement; that it will perform said services in a professional
and competent manner: that is has the power to enter into and perform this
agreement.
3.
Independent Contractor
Custom Websites acknowledges that the
services rendered under this Agreement shall be solely as an independent
contractor. It is expressly understood that this undertaking is not a
joint venture.
4.
Confidentiality
Custom Websites recognizes and
acknowledges that this Agreement creates a confidential relationship between
Custom Websites and Client and that information concerning Client’s business
affairs, customers, vendors, finances, properties, methods of operations,
computer programs, and documentation, and other such information, whether
written, oral, or otherwise, is confidential in nature. All such
information concerning Client is hereinafter collectively referred to as
“Confidential Information”.
5.
Non-Disclosure
Custom Websites
agrees that, except as directed by Client, it will not at any time during or
after the term of this Agreement disclose any Confidential Information to any
person whatsoever and that upon the termination of this Agreement it will turn
over to Client all documents, papers, and other matter in its possession or
control that relate to Client.
6. Grant
Client agrees
that copyrights to Custom Websites’
work product produced in the performance of
this Agreement shall remain the exclusive property of Custom Websites, and that
it will not sell, transfer, publish, disclose or otherwise make the work product
available to third parties without Custom Websites’ prior written consent. Any
rights granted to Client under this Agreement shall not affect Custom Websites’
exclusive ownership of the work copyright.
7.
Legal Stuff
Custom Websites
does not warrant that the functions contained in these
Web pages or the Internet website 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 Custom Websites 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 Custom Websites 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.
8. Copyrights and Trademarks
The client represents to Custom Websites and
unconditionally guarantees that any elements of text, graphics, photos, designs,
trademarks, or other artwork furnished to Custom Websites
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 Custom Websites
and its subcontractors from any claim or suit arising
from the use of such elements furnished by the client.
9. 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 Custom Websites
and its subcontractors from any claim, suit, penalty, tax, or tariff arising
from the client's exercise of Internet electronic commerce.
10. Copyright to Web pages
Copyright to the finished assembled work of Web pages produced by Custom
Websites is owned by Custom Websites.
During the term of this agreement while Client is current on lease payment, the
Client is assigned rights to use as a website 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. Custom
Websites and its subcontractors retain the right to
display graphics and other Web design elements as examples of their work in
their respective portfolios.
11. Payment of fees
Payments are due the first of each month. In order for Custom
Websites
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.
Custom Websites 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 Custom
Websites. Regardless of the place of signing of this
agreement, the client agrees that for purposes of venue, this contract was
entered into in Jefferson County, Alabama and any dispute will be litigated or
arbitrated in Jefferson County, Alabama.
12. Sole Agreement
The agreement contained in this "Website Design Lease Agreement" constitutes the
sole agreement between Custom Websites and the
Client regarding this website. Any additional work not specified in this
contract must be authorized by a written change order.
13. Age
Client certifies that he or she is at least 18
years of age.
14. Authorship Credit
Client agrees that Custom Websites may put a
byline, logo, and hyperlink on the bottom pages of their website establishing
authorship credit and copyright notice and that Custom Websites
may advertise client's website as an example of their
work.
15. At Lease Expiration
At lease expiration, if customer elects not to
renew, Custom Websites commits not to sell or lease the existing
site with current text and current company name information.
16.
Modification of Terms and Conditions
Custom Websites may change the terms and
conditions from time to time with or without notice to User. Any
amendment shall be effective immediately with or without notice.
Each use by User reaffirms User's acceptance of, and agreement to be
bound and to abide by, the Terms as amended.
17.
Definition of Terms
Website
- a collection of web pages and associated code which forms an integrated
presence.
Domain Name - the root address of a website, e.g. www.webaddress.com.
All such names must be registered with the appropriate naming authority, which
will usually charge a fee.
Host - the company on whose system the Website physically
resides.
Downtime
- time when the website is not accessible via the
Internet. This may be because of a technical failure of the Host or because
work is being carried out on the site.
Link,
Hyperlink
- a 'clickable' link embedded on a Web page
which may take the form of a graphic or text.
Search
Engine
a software that searches for information and returns sites which
provide that information by subject matter classification.
Search Engine Optimization (SEO) - techniques that enable your site to
appear higher in a list of search engine results.
Advertising
-
A public promotion of some product or service.
Free
Maintenance -
The number of free maintenance sessions varies
depending upon the Lease Package. A normal “free maintenance” session is 2 hours
valued at $25 per hour. Any maintenance / changes requiring more than 2 hours
will incur charges at a rate of $25 per hour.
Custom Websites agrees to design,
build, install, and/or maintain a website for Client according to agreed upon
specifications and the package option selected. Custom Websites does not
guarantee listings on search engines as they alone determine who they will and
will not list.
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