Contact Name ______________________________
Phone ___________ FAX ___________
Company/Client _____________________________
Address ________________________________
______________________________________________
City ____________________ State ____ ZIP ____ Country ___
E-mail address _________________________
Present WWW URL (if any):
_______________________________________________
Username ________________ Password ______________________
These are the terms of our agreement together:
1. Authorization. The above-named client is engaging Design by Nur, a sole proprietor, located at Portland Oregon, 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 Design by Nur to access this account, and authorizes the web hosting service to provide Design by Nur with "write permission" for the client's webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes Design by Nur to publicize their completed website to Web search engines, as well as other Web directories and indexes.
2- Changes to Submitted Text. Please send to Design by Nur your final text . Time required to make substantive changes to client-submitted text after the webpages have been constructed will be additional, billed at the hourly rate.3- Web Hosting. The client understands that any web hosting services require a separate contract with a web hosting service. The client agrees to select a web hosting service which allows Design by Nur full access to the website and a cgi-bin directory via FTP and telnet. The client further understands that if the web hosting service's operating system is not a Unix system, standard CGI software may not work, and providing a substitute may incur additional charges.
4- Completion Date. Design by Nur 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 certain date._________________________.
If the client does not supply Design by Nur complete text and graphics content all webpages contracted for within six weeks of the date this contract was signed, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within two months after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is advertised.
5- Copyrights and Trademarks. Colors, gifs, jpegs, setup, hyperlinks, and other elements contributing to that design start out being owned by the website designer. There may be separate copyright owners of those separate elements such as company logos and images. There may be many other elements of copyrightable material on the site. The question of copyright ownership as to each of those elements turns on who created them and under what circumstances. Any supplied articles by the client, images and graphics would be belong to client.
6- 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 Design by Nur and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
7- Copyright to Webpages. Copyright to the finished assembled work of webpages produced by Design by Nur is owned by Design by Nur. Upon final payment of this contract, 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. Design by Nur and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
8- Payment of fees. A deposit of 50% ($______________) of the total estimated project $__________ shall be remitted upon signing this contract. In addition, Design by Nur & Hosting hourly rate and project expenses minus the 50% deposit shall be billed at project completion. Expenses may include, but are not limited to, telephone, travel, design and graphic services, and programming. All payments will be made in U.S. funds. If paying by check, you agree that should your bank return your check for any reason, you will be liable for any additional fees incurred by Design by Nur. You further agree that should your bank return your check(s), for any reason, Design by Nur will charge you a $30.00 fee and you will be responsible for payment in full upon notification by your bank, and/or Design by Nur . This agreement becomes effective only when signed by Design by Nur. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Oregon, and any dispute will be litigated or arbitrated in Portland Oregon. Please pay on time.
9- Sole Agreement . The agreement contained in this "Website Design Contract" constitutes the sole agreement between Design by Nur 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 six (6) months after both parties sign this contract. Continued services after that time will require a new agreement.
10. Hosting a Web Site
Content: Design by Nur is not a hosting company.
She provides hosting service for her clients upon a request. All
services provided may be used for lawful purposes only. Transmission,
storage, or presentation of any information, data or material in
violation of any United States Federal, State or City law is
prohibited. This includes, but is not limited to: copyrighted material,
material we judge to be threatening or obscene, or material protected
by trade secret and other statute. The subscriber agrees to indemnify
and hold us harmless from any claims resulting from the use of the
service which damages the subscriber or any other party.
Although I support freedom of speech and expression, I require that
clients refrain from posting explicit adult content or pornographic
content on our servers. This includes sites that may infer sexual
actions, or links to pornographic content elsewhere. Design by Nur will
be the sole arbiter in determining violations of this provision. If you
have questionable content, please ask the designer before posting. Also
prohibited are sites that promote any illegal activity or present
content that may be damaging to servers or any other server on the
Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
• Pirated software
• Hacker programs or archives
• Warez sites
• Sites with explicit adult or pornographic content
• Non-Licensed MP3's or Software
• Displaying material that exploits children under 18 years of age
Disclaimer - Design by Nur providers are not
responsible for any damages caused by services provided, and makes no
warranties of any kind, expressed or implied for services we provide.
Background Running Programs - I may allow programs to
run continually in the background. These are considered on a
case-by-case basis and an extra charge may be incurred based on system
resources used and operational maintenance needed. I will notify a
customer in advance if such a case arrises. I currently do not allow
IRC or IRC bots, or Eggdrop to be operated on servers.
Server Abuse: Any attempt to undermine or cause harm
to a server, or customer is strictly prohibited. I also may move your
site or request cancellation if you use a majority of system resources
which affects other users. Refusal of Service: I reserve the right to
refuse, cancel, or suspend service at my sole discretion. You may not
use my services or servers for disseminating or hosting harmful content
including, without limitation, viruses, Trojan horses, worms, time
bombs, cancelbots or any other computer programming routines that may
damage, interfere with, surreptitiously intercept or
expropriate any system, program, data or personal information.
All accounts and customers using our services must adhere to the above
policies. Failure to follow any term or condition will be grounds for
immediate account deactivation.
Payment
If payment is not arranged within 14 days, I will close your account, and any files will be lost. All prices are in US Dollars (USD). Any other payments, such as check or PayPal (www.paypal.com) must be received to be posted by the due date for your account.
Initial Payment and Refund Policy.
The total amount of this contract is $______________
This agreement begins with an initial payment of $_____________. 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.
The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.