Econo Website Agreement

General Terms and Conditions

WHEREAS, the Client wishes to engage IS, to provide online marketing services as described in this Agreement (“Services”) and IS agrees to provide the Services in accordance with the terms and conditions contained in this Agreement.

1. Purpose and Authorization. The Client is engaging IS, for the purpose of developing a website, (“Website”) to be installed on the Client's web space on a web hosting service's computer. The Client authorizes IS to access this account, and authorizes the web hosting service to provide IS with "write permission" for the Client's web space.
2. Development. IS will create a website based on templates to meet the unique needs of your business. Features of website include: (i) up to 15 pages, (ii) photo gallery, (iii) online contact form, (iv) slider, and (v) two custom banners. Additional functionality and features can be provided at additional cost.
3. Website Content. The Client agrees to provide IS ALL content for the website such as text, images, video and sound in an electronic format. Client understands that IS may choose not begin to customize the website until all content is received. If the Client does not supply IS complete text and graphics content for all web pages contracted for by the Completion Date as listed in Section 9 of the Agreement, the entire amount of the Agreement becomes due and payable.
4. Copyrights and Trademarks. The Client represents to IS and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to IS 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 IS from any claim or suit arising from the use of such elements furnished by the Client.
5. Copyrights to Web Pages. IS retains the intellectual rights to the template and all hypertext markup language (HTML), computer programming, and graphical layout design performed within the Clients web site. Upon site transfer and payment in full, IS will allow Client to use and replicate the HTML coding for its own lawful purposes. Rights to template, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners.
6. Design Credit. Client agrees that the IS may put a byline on the bottom of their index web page establishing design and development credit. Client also agrees that the Website created for the Client may be included in the IS’ portfolio.
7. Assignment of Project. IS reserves the right to assign certain subcontractors to this project to insure the right fit for the job as well as on-time completion. IS warrants all work completed by subcontractors for this project. When subcontracting is required, the IS will only use industry recognized professionals.
8. Nondisclosure. IS, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever. Likewise, the Client agrees that it will not convey any Confidential information obtained about IS to another party
9. Completion Date. IS and the Client must work together to complete the website development project in a timely manner. IS agrees to work expeditiously to complete the website development project no later than 15 days after Client has submitted all necessary materials. If the Client does not supply IS with complete text and graphics content for this website development project within 30 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by IS as liquidated damages and the contract shall become null and void. Any remaining balance due must be paid by the Client to the IS regardless of site completion
10. Project Delivery. The final web site development project will be published to the Client's hosting service upon receipt of final payment or delivered via diskette upon the receipt of full payment. The Client understands that IS does not provide any hosting services in connection with this website development project. Hosting services require a separate contract with the hosting service of the Client's choice. The Client agrees to select a hosting service which allows IS full access to the Client's account via FTP (File Transfer Protocol). The Client will be solely responsible for any and all hosting service charges.
11. Website Maintenance. The Client understands that once the website is completed and installed to the Clients web space the Client takes on the responsibility of maintaining all aspects the site, such as text, images, video and sound files. If a maintenance service agreement is entered into between IS and the Client, it will be contained within its own document and not connected to this agreement.
12. Merchant Account. If the Website requires the ability to accept credit cards and/or other forms of online payment, the Client will need a Merchant Account capable of receiving secure internet money transactions. The Client understands that this is their sole responsibility to set up an account with a service provider such as PayPal.
13. Electronic Commerce Laws. The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the website development project or any other services contemplated herein, and will hold harmless, protect, and defend IS and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
14. Legal Notice. Notwithstanding anything to the contrary contained in this contract, neither IS nor any of its employees or agents, warrants that the functions contained in the website development project will be uninterrupted or error-free. The entire risk as to the quality and performance of the website development project is with the Client. In no event will IS be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this website development project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor's computer or Internet software, even if IS has been advised of the possibility of such damages.
15. Payment. This agreement begins with an initial non‐refundable deposit payment of 50% of the Total Cost. Client agrees to pay remaining balance of project cost in full prior to transfer of another site ownership. At the completion of the project IS will provide the Client with a final billing of the actual cost for the site. Payment must be received in full before the each web site is published to the Client’s web space.
16. Cancellation. If the Client halts work and applies by registered letter for a cancellation within 30 days of the Effective Date to IS, 7023 Little River Tnpk. #201, Annandale, VA 22003, phone (703) 337-0123, The Client will be provided with a final billing within 10 day of the cancellation. Any work completed up to the cancellation date will be billed to the Client. The Client is responsible to pay for any work completed which is not covered by the initial deposit.
17. Entire Understanding. The agreement contained in this " Budget Ecommerce Website Agreement" constitutes the sole agreement between IS and Client regarding its web development service. It becomes effective only when signed by Client. All prices specified in this Agreement will be honored for the terms listed above after both parties sign this Agreement. Continued services after that time will require a new agreement. This agreement shall be governed and construed in accordance with the laws of the State of Virginia.