Web Site
Design Project Contract
(SAMPLE)
[Package Type]
Client Information:
[Name]
1. Authorization.
The above-named Client (hereinafter referred to as "Client") is
engaging Oba Kunta Octopus 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 compact disc at the Client's option. The Client hereby
authorizes Oba Kunta Octopus to access this account, and authorizes
the Hosting Service to provide Oba Kunta Octopus and its designer,
R D Okang'a Ooko, 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 Oba Kunta Octopus to submit the completed
Web Design Project to major Web Search Engines.
2. Development. This Web Design Project will be developed
using Macromedia® Dreamweaver. MySQL will be used to develop databases.
- 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. Oba Kunta Octopus 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
- Mozilla Firefox version 1.0 and up
WhileOba Kunta Octopus will make reasonable efforts to design
a fully-functional web site, Oba Kunta Octopus' warranty does
not cover AOL, text-based browsers or requested special effects
that we have advised you against.
- For People with Disabilities – Oba Kunta
Octopus standard is to meet at least half the currently recommended
guidelines 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.
Oba Kunta Octopus 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 Oba Kunta Octopus 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 R D Okang'a Ooko and Oba Kunta Octopus
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 at no charge, up to an average
of one half hour per regular web page, 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, attempted updates by Client repairs
or Web Design Projects delivered to Client via compact disc, mail
and e-mail. The period begins on the date the Client's web site
is available to be published to the Client's hosting service.
Major page code and/or graphics changes and additions will be
charged at the $25.00 per hour rate. (Notice: This rate is subject
to change at any time.)
6. Completion Date.
Oba Kunta Octopus 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 Oba Kunta Octopus 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 Oba Kunta Octopus as liquidated damages and
the contract shall become null and void, at Oba Kunta Octopus'
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
compact disc upon the receipt of full payment. The Client understands
that Oba Kunta Octopus 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 Oba
Kunta Octopus 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:
- If the hosting service has FrontPage® extensions
installed and the extensions are not configured correctly
to support publishing/FrontPage® functionality, Oba Kunta
Octopus will not be responsible for problems arising from
improperly installed FrontPage® Extensions.
- There is no charge to publish the site
if the hosting service does not have FrontPage® extensions
installed and Oba Kunta Octopus must use an FTP.
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 Oba Kunta Octopus
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 Oba Kunta
Octopus will be owned by Oba Kunta Octopus. 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 specifically are not transferred
to the Client, and remain the property of their respective owners.
Oba Kunta Octopus 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 Oba Kunta Octopus'
Design Services Web Site.
10. Payments.
Payments must be made promptly based on the terms of this Web
Site Design Project. Oba Kunta Octopus reserves the right to remove
any Web Design Project from viewing on the Internet until final
payment is made. All payments are to be made within 30 days after
completion and approval of the Web Design Project by the Client.
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 Oba Kunta Octopus. Regardless of the place of signing of this
agreement, the Client agrees that for purposes of venue, this
agreement was entered into the laws of the Republic of Kenya,
and any dispute will be litigated or arbitrated in the Republic
of Kenya and the Client hereby consents to the personal jurisdiction
of the Republic of Kenya 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 Kenya
Shilling or equivalent in U.S. Dollars.
11. 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 Oba Kunta Octopus agree that the services described
in this contract, and the Package Price, shall be completed for
KShs ($)________. The Client agrees to pay toOba Kunta Octopus
an initial, non-refundable deposit of KShs ($)________ (normally,
50% of the estimated total cost) upon execution of this agreement.
Final payment is due within 30 days prior to publication and/or
delivery of the Web Site Design Project. All amounts must be in
Kenya Shilling or U.S. Dollars.
12. Legal Notice.
Notwithstanding anything to the contrary contained in this contract,
neither Oba Kunta Octopus nor any of its employees or agents,
warrants 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 Oba Kunta Octopus 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 Oba Kunta Octopus has been advised
of the possibility of such damages.
13. This Agreement.
This agreement constitutes the sole agreement between Oba Kunta
Octopusand 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 Oba Kunta Octopus. 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.
AGREED TO:
Client
(Sign) By_____________________________________ Date ________________
(Print) Name:
Title:
Address:
Phone:
E-mail:
Obakunta Octopus Limited
By__________________________________________ Date ________________
R D Okang'a Ooko
It's Authorized Representative
Note: This is a SAMPLE ONLY and is subject
to change. Your actual contract may vary based on the Package
Type or Extra Services you choose.
