Web Site Design Project Contract (SAMPLE)
[Package Type]

Client Information:
[Name]

1. Authorization.
The above-named Client (hereinafter referred to as "Client") is engaging Kathryn Landfair, Web Designer, as an independent contractor for the specific purpose of designing a World Wide Web site (herein after referred to as "Web Design Project") to be published on the Client's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, herein after refer to as "Hosting Service", or provided on diskette at the Client's option. The Client hereby authorizes Kathryn Landfair, Web Designer to access this account, and authorizes the Hosting Service to provide Kathryn Landfair, Web Designer and associated designers with "full access" to the Client's account, and any other programs needed for this Web Design Project that are included as part of the Client's service agreement/level. The Client also authorizes Kathryn Landfair, Web Designer to submit the completed Web Design Project to major Web Search Engines.

2. Development.
This Web Design Project will be developed using Notepad, Dreamweaver, ,Photoshop, Illustrator and various other programs.

• Compatibility - Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Kathryn Landfair, Web Designer represents and warrants that the web site we design for you will work in:
  • Microsoft® Internet Explorer versions 5 and up
  • Netscape Navigator/Communicator version 4 and up

While Kathryn Landfair, Web Designer will make reasonable efforts to design a fully-functional web site, Kathryn Landfair, Web Designer's warrantee does not cover AOL, text-based browsers or requested special effects that we have advised you against.

• Accessibility for People with Disabilities – Kathryn Landfair, Web Designer standard is to meet at least half the currently recommended guidelines set forth by the Web Accessibility Initiative (WAI) for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.

3. Assignment of Web Design Project.
Kathryn Landfair, Web Designer reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion.

4. Copyrights and Trademarks.
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Kathryn Landfair, Web Designer for inclusion in the Web Design 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 Kathryn Landfair, Web Designer and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.

5. Web Site Maintenance.
This agreement allows for minor web site maintenance to pages for the lifetime of your web site, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guestbooks, discussion webs, navigation structure changes, repairs of attempted updates by Client. This service is available from the date the Client's web site is available to be published to Client's hosting service. Major page code and/or graphics changes and additions will be charged at the hourly rates.

6. Completion Date.
Kathryn Landfair, Web Designer and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project no later than 30 days after Client has submitted all necessary materials. If the Client does not supply Kathryn Landfair, Web Designer with complete text and graphics content for this Web Design Project within 45 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by Kathryn Landfair, Web Designer as liquidated damages and the contract shall become null and void, at Kathryn Landfair, Web Designer's option, unless the Web Design Project is canceled in writing by the Client prior to 45 days of the effective date of the agreement.

7. Project Delivery.
The final web site design 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 Kathryn Landfair, Web Designer does not provide any hosting services in connection with this Web Design 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 Kathryn Landfair, Web Designer 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.

• Publishing by Kathryn Landfair, Web Designer:
  1) There is no charge to publish the site if the hosting service is UNIX based and does not have FrontPage®98 extensions installed.
  2) If the hosting service has FrontPage®98 extensions installed and the extensions are not configured correctly to support publishing/FrontPage®98 functionality, Kathryn Landfair, Web Designer charges at its then hourly rate for the effort involved to resolve whatever problems may arise.
• Delivery via Diskette:
  The Client assumes all responsibility for the use and functionality of the Web Design Project.

8. 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 Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend Kathryn Landfair, Web Designer 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.

9. Web Design Project Copyright.
Copyright to the finished web design site produced by Kathryn Landfair will be owned by Kathryn Landfair. 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. Kathryn Landfair, Web Designer and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. All Web Design Projects will contain a copyright/legal statement with a link to Kathryn Landfair, Web Designer' Design Services Web Site.

10. Payment Schedule.
Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and the Package Price, attached hereto and made a part of this agreement hereof. Notwithstanding any prices listed in literature or on Web pages, the Client and Kathryn Landfair, Web Designer agree that the services described in this contract, and the Package Price, shall be completed for $_______. The Client agrees to pay to Kathryn Landfair, Web Designer an initial, non-refundable deposit of $_______ (normally, 50% of the estimated total cost) upon execution of this agreement. Final payment is due prior to publication and/or delivery of the Web Site Design Project. All amounts must be in U.S. Dollars.

11. Payments.
Payments must be made promptly based on the terms of this Web Site Design Project. Kathryn Landfair, Web Designer reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred by that process. This agreement becomes effective only when signed by Kathryn Landfair, Web Designer. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into SALT LAKE COUNTY, UTAH, and any dispute will be litigated or arbitrated in SALT LAKE COUNTY, UTAH and the Client hereby consents to the personal jurisdiction of the UTAH State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. Adding of Meta Tags (Description and Keywords) and the submission of the Web Design Project to Web search engines and updating occur only after the full final payment is made. All payments will be made in U.S. Dollars.

12. Legal Notice.
Notwithstanding anything to the contrary contained in this contract, neither Kathryn Landfair, Web Designer nor any of its employees or agents, warrant that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will Kathryn Landfair, Web Designer 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 Web Design 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 Kathryn Landfair, Web Designer has been advised of the possibility of such damages.

13. This Agreement.
This agreement constitutes the sole agreement between Kathryn Landfair, Web Designer and the Client regarding this Web Design 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 Client and Kathryn Landfair, Web Designer. All prices specified in this contract will be honored for 6 months after both parties sign this contract. Continued services after that time will require a new
agreement.

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.

By signing, you agree that you have read, understood and agreed with all portions of this Terms Of Service Agreement listed above. This is to indicate that you have in fact read the Terms Of Service and is a confirmation that a service is being sought after by you (The Client).

AGREED TO:

Client