Services Contract
[Contract Type]
Client Information:
[Client Name & Address]
- Authorization. The above-named client (hereinafter referred to as "Client") is engaging Florida Webcrafters Inc., a Florida corporation, (hereinafter referred to as "Florida Webcrafters") as an independent contractor for the specific purpose of performing website development and/or promotion activities as outlined in Attachment A, to be published on Client’s account with a hosting service provider of Client’s choice. The Client hereby authorizes Florida Webcrafters and its employees with full access to the Client’s account, and any other programs needed for this project that are included as part of the Client’s service agreement/level. The Client also authorizes Florida Webcrafters to submit the completed website project to the major search engines.
- Development. This project will be developed with numerous software tools and subscription services including, but not limited to, [appropriate tools list].
- Copyrights and Trademarks. The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks or other artwork furnished to Florida Webcrafters for inclusion in this project 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, indemnify and defend Florida Webcrafters and its employees from any liability (including attorneys fees and court costs), including any claim or suit , threatened or actual, arising from the use of such elements furnished by the Client.
- Project Delivery. Web promotion and/or design pages will be uploaded to the Client’s account upon receipt of final payment.
- Electronic Commerce Laws. The Client agrees that the Client is solely responsible for complying with any laws, taxes or tariffs applicable in any way to the project or any other services contemplated herein, and will hold harmless, protect and defend Florida Webcrafters and its employees from any claim, suit, penalty, tax, fine 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.
- Web Design Project Copyright. Copyright to the finished web design produced by Florida Webcrafters will be owned by Florida Webcrafters. The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. 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. Florida Webcrafters retains the right to display graphics and other web design elements as an example of its work in its portfolio. All web design projects will contain a copyright/legal statement with a link to Florida Webcrafters web site.
- Payments. Payments will be made promptly based on the terms of this contract. Florida Webcrafters retains the right to remove any elements developed as a consequence of this agreement from viewing on the Internet until final payment is made. In case collection proves necessary, Client agrees to pay all fees (including attorney fees and any other court costs) incurred by that process. This agreement only becomes effective when signed by Florida Webcrafters. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into in Hillsborough County, Florida, and any dispute will be litigated or arbitrated in Hillsborough County, Florida, and the Client hereby consents to the personal jurisdiction of the Florida State Courts. Furthermore, the Client waives any rights to or claim of sovereign immunity. Adding of Meta Tags (Description and Keywords) and submission of the web site to search engines and updating, will occur only after the full final payment is made.
- Payment Schedule. Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and Attachment A, attached hereto and made a part of this agreement hereof. Notwithstanding any prices in literature or on any web pages, the Client and Florida Webcrafters agree that the services described in this contract and in Attachment A, shall be completed for $____________. The Client agrees to pay Florida Webcrafters an initial, non-refundable deposit of $____________ (normally 50% of the estimated total cost of web design projects, 100% of web promotion projects) upon execution of this contract. Final payment is due prior to publication or delivery of the project. Payments shall be transmitted to Florida Webcrafters via United States Postal Service Registered Mail or Certified Mail at the Client’s discretion. All payments shall be made as described in Attachment A.
- Legal Notice. Notwithstanding anything to the contrary contained in this contract, neither Florida Webcrafters or any of its employees or agents, warrant that the functions contained in the project will be uninterrupted or error-free. The entire risk as to the quality and performance of the project is with the Client. In no event will Florida Webcrafters or its employees be liable to the Client or any third party for any damages, including, but 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 project, failure of any service provider, or any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site’s computer or Internet software, even if Florida Webcrafters has been advised of the possibility of such damages.
- This Agreement. This agreement constitutes the sole agreement between Florida Webcrafters and the Client regarding this project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by both Florida Webcrafters and the Client. All prices specified in this contract shall be honored for six months after both parties sign this contract. Continued services after that time will require a new contract.
The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business.
This agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
AGREED TO
Client
By ____________________________________ Date ___________________
Name:
Title:
Address:
Social Security/Tax I.D. Number:
Duly Authorized
Florida Webcrafters
By _____________________________________ Date __________________
[Company Representative Name]
It's Authorized Representative
