|
|
Website Design Payment, Maintenance and Content Updating Policy
The WebPLUS Group sincerely desires to help you get your organization's information onto
the Internet as quickly and efficiently as possible. We also want to ensure that both parties
are in agreement with your website requirements.
To this end The WebPLUS Group has constructed this document describing our contractual
relationship and stipulations with you, the client. Exceptions to these statements may apply to the Basic Church Website Packages.
The WebPLUS Group reserves the right to stipulate if, when and how these exceptions apply (or do not apply) and
will inform the client if any adjustments in charges will ocurr.
The following, then, constitutes the terms of our
agreement so that together we can meet the objectives of this project:
Monthly Website
Content Updating/Maintenance Plan--Option A
1. Authorization. The above-named
client is engaging DMK Services, LLC, d.b.a.The WebPLUS Group, at P. O. Box 1602, Lexington, SC 29071, for the
specific project of (a) personalizing a ready-to-go website package, (b)developing or creating a new website,
and/or enhancing your existing website. For the latter, the website, installed on the client's web space
on a web hosting service's computer, will need to be transferred to the hosting computer of The WebPLUS Group.
To be able to do this, the client hereby authorizes The WebPLUS Group to access that account,
and authorizes the web hosting service to provide The WebPLUS Group
with "write permission" for the client's web page directory,
cgi-bin directory, and any other directories or programs which need to be
accessed for this project. The client also authorizes The WebPLUS
Group to publish their completed website to web search engines, as well as
other Web directories and indexes, as appropriate. 2. Standard
Ready-to-Go Website Package Elements. (For
Standard Website Packages Only. Cross out for online stores.) The WebPLUS
Group includes the following elements in their Standard Ready-to-Go Website Packages: 3. Standard
Website Packages only. (Cross
out this section for online stores.) The content of the web pages will be
supplied by the client and executed as specified by the client in the
"Website Planning Worksheet" dated ___________ ). This website
includes up to ( 7
)static web pages. In case the client desires additional standard web pages
beyond the original number of pages specified above, the client agrees to pay
The WebPLUS Group an additional $200
for each additional web page. Graphics or photos beyond the allowed per web page
shall be billed at an additional $________ each.
Custom graphic work (beyond the scope of the "Graphics
Package" detailed above) will be billed at the hourly
rate specified below. The store size and additional services, and prices of
each are detailed on the _____________,
dated ___________, 2004 ).
4.
Online stores only.
(Cross out section for Standard Website Packages.) The text and graphic
content of the web pages will be supplied by the client and executed as
specified by the client in the "Website Planning Worksheet" dated
_______________. and the Store Planning Worksheet dated _____________. It is
understood that total prices calculated below are likely to vary from the
final amount due to different quantities of products, categories, photos,
regular pages, etc. in the final store. An Estimate from The WebPLUS
Group dated ____________ is attached to this document and governs the prices
for this contract. Notwithstanding any prices listed in literature or on web
pages, the client and The WebPLUS Group agree that the services
described above in this section shall be completed for $__________________
and upon this amount the first payment shall be determined. The final payment
shall reflect and include all elements actually completed at the prices
attached. We include e-mail/phone
consultation of up to 5 hours total general Internet orientation education,
marketing strategy, Web design consultation, and helping clients learn to use
the store software. Telephone long distance charges are in addition to
package rates quoted. Additional education and consultation is at our hourly
rate.) Product web pages, products, or
photos added after the store is ready for advertising to the Web search
engines will be calculated for actual time spent at the hourly rate specified
below.
5. Maintenance
and Hourly Rate. This agreement
includes minor web page maintenance to regular web pages (not store product
pages) over a two week period, including updating links and making minor
changes to a sentence or paragraph. It does not including removing nearly all
the text from a page and replacing it with new text. If the client or an
agent other than The WebPLUS Group attempts updating the client's
pages, time to repair web pages will be assessed at the hourly rate, and is
not included as part of the updating time. The two week maintenance period
commences upon the date the client's web site is officially published to the
web and all monies paid.. Changes requested by the client beyond those
limits will be billed at the rate of $45.00/hour for churches and non-profits and $55.00/hour for businesses.
This rate shall also govern additional work authorized beyond the maximums
specified above for such services as general Internet orientation education,
marketing consulting, web page design, editing, modifying product pages and
databases in an online store, and art, photo, graphics services, and helping
clients learn how to use their own web page editor. CGI programming charges
(if any) are not included in this rate.
6. Changes to
Submitted Text. Please send us
your final text. Time required to make substantive changes to
client-submitted text after the web pages have been constructed will be
additional, billed at the hourly rate.
7. Web Hosting. The client understands that web hosting services
require a separate contract with The WebPLUS Group. For a transferred website, the client agrees
to grant 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 or NT system, standard CGI software may not work, and providing a
substitute may incur additional charges. Non-eCommerce websites are allotted
500 mb of bandwidth each month and will be charged $.04 per MB overage.
Online stores or Commercial web sites are allotted 1 GIG of transfer and will
be charged $.05 per MB overage or set up on a custom plan that accommodates
bandwidth needs.
8. Completion
Date. The WebPLUS Group
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 5 business days from Initial Contract
Approval and initial 60% of Total Project Fee Deposit Paid (if contract exceeds $300 or more). If the client does not supply The WebPLUS
Group complete text and graphics content all web pages contracted for within
four 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 six weeks 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 published.
9. Payment of
Fees. Fees to The WebPLUS
Group are due and payable on the following schedule: 75% upon signing this
contract, 25% when the web pages have been constructed and proofed according
to the client's original written specifications unless other arrangements
have been agreed upon. The web site will be published on the World Wide Web
once all monies due are paid. If the
total amount of this Agreement is less than $300, the total amount shall be
paid upon signing this Agreement. Advertising the pages to Web search engines
and updating occur only after the final payment is made. All payments will be
made in US funds made out to, " The WebPLUS Group". We
accept PayPal under $200, otherwise we accept Business Checks and Cash.
Personal Checks must clear before website design will begin.
10. Assignment
of Project. The WebPLUS
Group reserves the right to assign sub-contractors to this project to ensure
the right fit for the job as well as on-time completion.
11. Legal. The WebPLUS Group does not warrant that the
functions contained in these web pages or the Internet website will meet the
client's requirements or that the operation of the web pages will be
uninterrupted or error-free. The entire risk as to the quality and
performance of the web pages and website is with client. In no event will The
WebPLUS Group be liable to the client or any third party for any
damages, including any lost profits, lost savings or other incidental,
consequential or special damages arising out of the operation of or inability
to operate these web pages or website, even if The WebPLUS Group has
been advised of the possibility of such damages. If any provision of this agreement
shall be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severeable from this agreement and shall not affect the
validity and enforceability of any remaining provisions.
12. Copyrights
and Trademarks. The client
represents to The WebPLUS Group and unconditionally guarantees that
any elements of text, graphics, photos, designs, trademarks, or other artwork
furnished to The WebPLUS Group 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 The WebPLUS
Group and its sub-contractors from any claim or suit arising from the use of
such elements furnished by the client.
13. 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 The WebPLUS
Group and its sub-contractors from any claim, suit, penalty, tax, or tariff
arising from the client's exercise of Internet electronic commerce.
14. Copyright to
Web pages. Copyright to the
finished assembled work of web pages produced by The WebPLUS Group is
owned by The WebPLUS Group. 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. The WebPLUS Group and its sub-contractors retain the right to
display graphics and other Web design elements as examples of their work in
their respective port-folios.
15. Payment of
fees. In order for The WebPLUS
Group to remain in business, payments must be made promptly. Delinquent bills
will be assessed a $25 charge if payment is not received within 10 days of
the due date. The WebPLUS Group reserves the right to remove web pages
from viewing on the Internet until final payment is made. If an amount remains delinquent 30 days after its due
date, an additional 5% penalty will be added for each month of delinquency
and the website will be "turned
off from public viewing with a Splash Page stating that the
web site is undergoing routine maintenance. Any statement from the client
that payment will not be made in the future, then The WebPLUS Group
reserves the right to "turn off " the web site at any given time
past the actual due date. If an amount remains delinquent 60 days after its
due date, all files will be removed from the server and no duplication rights
or usage will be granted. In case collection proves necessary, the client
agrees to pay all fees incurred by that process. This Agreement becomes
effective immediately upon web site publishing and clients are encouraged to
read Agreement terms carefully and thoroughly and ask questions to The WebPLUS Group
if they should arise. Regardless of the place
of reading / signing of this agreement, the client agrees that for purposes
of venue, this contract was entered into in Lexington County, South Carolina,
and any dispute will be litigated or arbitrated in Lexington County, South
Carolina. Please pay on time.
16. Sole
Agreement. The agreement
contained in this "Web Site
Design Agreement" constitutes the sole agreement between
The WebPLUS Group, its sub-contractors, 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 12 months after all parties sign this contract. Continued
services after that time will require a new agreement.
17. Initial
Payment and Refund Policy. The amount to 'personalize' a Basic Website Package is $ ___________ The monthly charge for website hosting is $ ___________ If applicable, the monthly charge to maintain the website content is $ ___________ This agreement begins with an initial
payment of $ ___________ If the client halts work and applies by
registered letter for a refund within 30 days, to The WebPLUS Group,
P. O. Box 1602, Lexington, South Carolina 29071, phone 1.866.210.7341, work
completed shall be billed at the hourly rate stated above, and deducted from
the initial payment, the balance of which shall be returned to the client.
If, at the time of the request for refund, 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 above also applies to up-front hosting
fees. No refunds for hosting will be made after 30 days unless server logs
demonstrate that the web site was not accessible via a standard Internet
browser viewable for a period more than 10%. The undersigned agrees to the terms of this
agreement on behalf of his or her organization or business. On behalf of the client (authorized signature): _______________________________________ Date
________________ On behalf of The WebPLUS Group (authorized signature) _______________________________________ Date
________________
Three website content updating plans are offered.
Under these plans The WebPLUS Group will perform update the
appropriate web page
content (text and images) as submitted by the client. The updated content will be received
via virus-checked email attachments
or an additional charge will be incurred at our hourly rates stated below. Content will conform to the
quantity, type and length limitations stated in the web page and document, "Restrictions, Requirements and Registration."
(#1) $39.95/month*
for once-a-week content updates or;
(#2) $32.95/month* for content updates once every two weeks or,
(#3) $24.95/month* for a once-a-month content update.
A 12-month commitment is required for the selected option.
Monthly Website
Content Maintenance Plan--Option B
Three website content updating plans are offered.
Under this Plan, the Client will perform the content updates and re-publish the impacted
web page(s) to the host computer of The WebPLUS Group, who will make a limited version of a content-updating utility
accessible to the Client. Client may use this utility, on-demand, with no additional monthly charge.
(#1) $26.95/month*
for a one-user license version or;
(#2) $38.95/month* for a two-user license version or,
(#3) a negotiable fee for a license for more than two users.
A 12-month commitment is required for the selected option.
Monthly Website
Content Maintenance Plan--Option C
Three website content updating plans are offered.
Under this Plan, the Client will perform the content updates and re-publish the impacted
web page(s) to the host computer of The WebPLUS Group, who will make a highly functional, robust version
of a content-updating utility
accessible to the Client. Client may use this utility on-demand, with no additional monthly charge.
(#1) $35.95/month*
for a one-user license version or;
(#2) $47.95/month* for a two-user license version or,
(#3) a negotiable fee for a license for more than two users.
A 12-month commitment is required for the selected option.
Should the text to be applied not be available in electronic form,
a charge of $2.00 per paragraph will be assessed for us to manually enter that information.
(Note: if the number of words to be manually applied per page for the entire standard website is 200
words or less, a fixed charge of $25.00 will apply.)
Web pages exceeding more than 600 words of text may be subject to additional
fees--especially if the insertion process causes changes to the layout of a web page.