I. PARTIES
This Agreement made effective this ____ day of _______ 200_, between Akaku Consulting, 1728 Brook Lane, Flower Mound, TX 75028 and ___________________________ (legal business name or otherwise named individual) whose principle place of business is located at ____________________________________________________________ (complete mailing address to include city, state and zip code), otherwise referred to from herein as "Client". No amendment may be made to this Agreement unless in writing. This Agreement is the entire Agreement between the parties. Each party will have an original, identical copy of this Agreement, signed and dated by both parties. This faxed/electronic copy will be recognized as part of this Agreement, and will be recognized as a legal addition to this Agreement with only one party signature on it. Any and all trademarks mentioned in this Agreement, such as Internet Explorer, are registered trademarks of Microsoft Corporation.
II. MONETARY CONSIDERATION
A.) Website Development
Akaku Consulting agrees to provide certain services to Client as an independent contractor and Client agrees to pay for those services in the amount of _________ upon the terms and conditions contained in this Agreement. Initial consultation with client indicated that the desired number of individual pages was going to be no more than _________. Additional pages may be added at the rate of $____________.
B.) Post Website Development
If client wishes to make any minor changes in text after the completion of the website, this is acceptable under the terms of this Agreement at the rate of $45 per hour. If client wishes to make excessive changes in text, or any change in graphics or layout whatsoever once pages are completed, Akaku Consulting reserves the right to charge client $60 per hour. In order to install the design in question, Akaku Consulting must be granted read/write access to Client's storage directories; those directories must be accessible via FTP.
C.) Search Engine Registration
Akaku Consulting strongly recommends that client employ the use of Internet Marketing techniques to fully maximize exposure of client's website on the Internet. Multiple search engine registration, occurring on a monthly basis can be provided at a rate of $__________ per month. A search engine registration log will be emailed to client each month via email upon completion of that month's search engine registration. Akaku Consulting has sole discretion to determine which directories are the most widely used Internet directories and search engines.
D.) Website Hosting
Unless otherwise agreed upon, client empowers Akaku Consulting to choose which Internet Service Provider (ISP) the website resides upon. Furthermore, client acknowledges that Akaku Consulting will act in behalf of the client for the administration and technical contact for the website. Depending upon the client's needs, the monthly website hosting rate is $___________ to include _______POP mail accounts, _______ Megabytes storage space, remote email administration and FrontPage Extensions as a standard service. Features such as detailed website statistics, SSL, SQL database setup require additional fees. Website hosting is billed in monthly cycles and a thirty-day notice must be given upon cancellation. Akaku Consulting reserves the right to determine refunds of prepaid website hosting.
III. SCOPE OF WORK:
Akaku Consulting will perform the following tasks:
A.) In cooperation with Client, create and design a web site for placement on the Internet.
B.) Place the agreed to web site on the Internet.
C.) Submit Client's web site to widely used Internet directories and search engines.
IV. WEBSITE DEVELOPMENT FEES
A retainer of one half of all website development fees shall be payable before work begins on the site in question, and is due no later than ten business days after both parties' acceptance and signature of this Agreement. This retainer is nonrefundable and if applicable, any partial refunds are at the sole discretion of Akaku Consulting. Website development and marketing fees are to be specified by Akaku Consulting and agreed upon by Client before signature of this Agreement. The remaining half of the website development and marketing fees are to be paid in full prior to having the advertising site being placed on the World Wide Web at its final location, and are due within ten business days after notification of completion via telephone, fax, or electronic mail. If the client does not provide Akaku Consulting with all parts necessary to create the web pages within thirty calendar days of the signing of this contract, the entire amount of the contract becomes due and payable.
V. FINANCE POLICY & LATE PAYMENT CHARGES
In the event of a client wishing to delay final payment, a finance charge of 19.5% will be made on the outstanding amount, with minimum monthly installments due. The 19.5% finance charge will be applied to all remaining unpaid balances and minimum monthly payments are one fourth (1/4) of the total remaining unpaid balance. Late payments are assessed an additional $25 charge. Akaku Consulting reserves the right to delay placement of the pages or delivery of project until final payment is received in full. All work will remain the property of Akaku Consulting until payment is received in full. All payment will be made in US funds. In the event of a default from the client, Akaku Consulting will retain a third party collection agency for any or all unpaid fees. If the amount in question is under $5,000, Akaku Consulting reserves the right to seek a default judgment for nonpayment and file for liens against property. The venue will be in the small claims court within the boundary of Denton County, Texas.
VI. TIME IS OF THE ESSENCE
Akaku Consulting and the Client must work together to complete the website in a timely manner. To avoid missed deadlines, the client must supply Akaku Consulting with all parts of the website, including text and graphics, within ten business days of the signing of this contract or as otherwise and mutually agreed upon.
VII. WEBSITE DEVELOPMENT
This Agreement assumes that all text is provided by Client in electronic format (.txt, .html, or .doc on floppy, or via e-mail attachment), all photographs and other graphics are provided in high quality print suitable for scanning or on floppy or e-mail attachment in a .gif, .jpeg or .psp (Paintshop Pro 6.0+) format. Text over 1,500 (fifteen hundred) words per page or text requiring extensive formatting may be subject to additional charges. Additional expenses may be incurred and will be invoiced accordingly for corrective work, conversion of media and outside facility charges. A link to Akaku Consulting will appear in small type at the bottom of all pages on the site. The link will simply state, in the smallest type available, "This site designed and maintained by Akaku Consulting" This link may not be modified at any time without express written consent of Akaku Consulting during the existence of the website for public viewing. Additionally, design credits to Akaku Consulting will also be in the HTML code of each page, hidden from normal view, and may not be modified at any time without express written consent of Akaku Consulting during the existence of the website for public viewing. Akaku Consulting may submit individual pages for approval during the course of website creation. While these pages may not be entirely completed, they will serve for the client to approve the layout, text, and/or graphics. The layout will be assumed by Akaku Consulting to be approved by the client if Akaku Consulting is not notified by telephone, fax, or electronic mail within five business days of the date Akaku Consulting sends proofs of such scripted materials to customer via email, fax, or World Wide Web address. Akaku Consulting will provide, upon completion of website and per request of the client, a full backup of all scripting, code, and images in electronic format, on 3.5" diskettes for five (5) dollars. By signing this Agreement, Client agrees to give Akaku Consulting or its appointed agents "on demand" access to the installed designs and Client further agrees that Akaku Consulting shall have the right to remove that design from public posting for failure to adhere to the terms of this Agreement, including violating any licensing agreements or failure to pay fees duly assessed, until the Agreement is terminated. Akaku Consulting cannot accept responsibility for any alterations caused by third parties occurring to the Client's pages once placed. Such alterations include, but are not limited to additions, modifications, or deletions.
VIII. CONDITIONS, REPRESENTATIONS, AND WARRANTIES
Akaku Consulting warrants that the website will be completed no more than 45 (forty-five) business days from the date that client has provided Akaku Consulting with all text, images, and any other information required to produce the website. The page will be designed and tested on Internet Explorer and Netscape Navigator browsers in the latest versions and cannot be held liable for malfunction of the site when viewed in another browser or older versions. This Agreement includes code elements and images being custom created for the Client and are based on toolboxes of techniques and pre-developed code that is property of Akaku Consulting or one of its contractors. This software technology is purchased by Client for a one-time fee and is limited to installation and usage by that Client only on one "site" of connected documents on one "server". Such code or images may not be distributed or re-licensed without the express written consent of Akaku Consulting. The client represents to Akaku Consulting and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Akaku Consulting 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 Akaku Consulting and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. Client acknowledges and agrees that Akaku Consulting cannot guarantee the absence of missed deadlines caused by Acts of God or other circumstances beyond its control including, but not limited to, telecommunications problems and/or server problems.
IX. CANCELLATION
Network Solutions is the third party domain name registration company of choice by Akaku Consulting. If a domain name has already been registered on the client's behalf, then it is nonrefundable. You may cancel this agreement at any time prior to midnight of the third business day after you sign this agreement. To cancel this agreement, mail or deliver via facsimile a signed and dated notice, which states that you the client, are canceling this Agreement, or words of similar effect. A full or partial refund is at the discretion of Akaku Consulting. Client will be invoiced for website development work completed up until notice of cancellation was received. This Agreement shall be governed by the laws of the State of Texas, which shall claim venue and jurisdiction for any legal motion or claim arising from this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above and submit that they are able and have authority to enter into this Agreement.
X_________________________________________ Date_________________
Akaku Consulting
Scott A. Booth
President
X__________________________________________ Date_________________
Client Signature
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