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Washington _______________ Name (please print) ______________________________ Title (if applicable) Website Design Agreement 5 EXHIBIT A SPECIFICATIONS FOR PAGES EXHIBIT B DOMAIN NAME(S) ________________ Signature _______________________________ Name (please print) _______________________________ Title (if applicable) DESIGNER: ______________________________ Signature _______________with the laws of the State of _______________________________. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first written above. CLIENT: _________________________________ Either party may change such addresses from time to time by providing notice as set forth above. 19. GOVERNING LAW: This Agreement shall be governed by and construed in accordance ent 4 Client: ________________________________ ________________________________ ________________________________ Designer: ______________________________ ______________________________ ____________ pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows: Website Design Agreem written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Client and Designer. 18. NOTICE: Any notice required or otherwise given and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral orh provision would make the provision valid, then such provision shall be deemed to be construed as so limited. 17. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Partiese remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting sucght to subsequently enforce and compel strict compliance with every provision of this Agreement. 16. SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, thlusive of each other unless otherwise required by law. 15. WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's riand the heirs, legal representatives, successors and permitted assigns of the Parties. 14. CUMULATIVE RIGHTS: The Parties' rights under this Agreement are cumulative, and shall not be construed as exc 9 of this Agreement will continue in full force and effect following such termination. 13. BINDING EFFECT: The covenants and conditions contained in the Agreement shall apply to and bind the Parties g without limitation: computers, office supplies, money and documents. 12. CONTINUING OBLIGATIONS: Notwithstanding the termination of this Agreement for any reason, the provisions of Sections 7, 8 andocuments and other tangible manifestations of the Confidential Information (and all copies and reproductions thereof). In addition, Designer will return any other property belonging to Client includin by Client pro rata for all completed work and the payment of any authorized expenses. 11. RETURN OF PROPERTY: Upon termination of the Services, Designer will promptly return to Client all drawings, dt or electronic commerce . Website Design Agreement 3 10. TERMINATION OF CONTRACT: In the event Client cancels or terminates this Agreement before Completion of the Services, Designer shall be paidhird party regarding any services or products sold or otherwise distributed by Client, its employees or agents, or iii) any claim, suit, penalty, tax or tariff arising from Client's use of the interneany infringement or any claim of infringement, of any trademark, copyright, trade secret, or negligence arising from any of the text, graphics, and photographs provided by Client, ii) any claim by a tlient agrees to indemnify and hold Designer harmless from and against any claim, loss, damage, expense or liability (including attorney's fees and costs) that may result in whole or in part, from: i) ms in the manner contemplated by this Agreement. Client shall be solely responsible for the Site and materials on the Site and the validity of copyrights, trademarks and ownership claimed by Client. CNS. Client represents and warrants that the text, graphics, and photographs provided to Designer for the Site are owned or licensed by Client, and that Client is authorized to use and display such iteontained in the Prepared Materials. Client acknowledges and agrees that Designer may include the Site, the Pages or any of the other Prepared Materials in Designer's portfolio. 9. CLIENT REPRESENTATIOted this Agreement ("Pre-existing Materials"). Designer hereby gives Client a nonexclusive, worldwide, royalty-free license to use, execute, display or perform any Pre-Existing Materials included or ce and interest that he/she may have in the Prepared Materials, including any rights under copyright law, to Client. The Prepared Materials do not, however, include any items or materials that pre-exisges and Custom Graphics, prepared by Designer for Client (the "Prepared Materials") shall be considered the exclusive property of Client. Designer hereby assigns and transfers any and all rights, titln, unless such information falls into the public domain through Designer's unauthorized actions. 8. OWNERSHIP OF PREPARED MATERIALS: Except those items described below, all materials, including the Patten consent of such a disclosure. In addition, Designer will use his/her best efforts to prevent any such disclosure. Confidential Information will not include information that is in the public domaiot disclose to any other person (unless required by law) or use for personal gain any Confidential Information at any time during or after the term of this Agreement, unless Client grants express, writices, iii) technologies and technological strategies, iv) marketing strategies and v) other such information as Client may designate as confidential ("Confidential Information"). Designer agrees to nay have access to Client's confidential and proprietary information. Such confidential information may include, without limitation: i) business and financial information, ii) business methods and practhe Client, and, unless otherwise stated in this Agreement, is not entitled to any of the benefits normally provided to the employees of Client. 7. CONFIDENTIALITY: Designer acknowledges that he/she m 2 including, but not limited to, special graphics, special photography, special software, special fonts, etc. 6. INDEPENDENT CONTRACTOR. Designer is an independent contractor and not an employee of n of the Services. 5. EXPENSES: Client agrees to reimburse Designer for all reasonable expenses authorized in advanced by Client and incurred in connection with this Agreement Website Design Agreementke all reasonable actions to complete the Services by __________________, 20__. However, Client acknowledges that delays in Designer receiving materials from Client or a third party may slow completiorary or permanent site on Client's or ISP's host computer for approval by Client if Client has not notified Designer of its approval or disapproval of the Site. 4. TIME OF COMPLETION: Designer will tapproval of the Site by Client after the Site has been uploaded to a temporary or permanent site on the Client's or the ISP's host computer, or ii) ____ days after the site has been uploaded to a tempond _________% upon Completion of the Services. q upon Completion of the Services. q other: _______________________________________________ "Completion of the Services" means the earlier of: i) upon a, additional photos, or additional graphics not described in Section 1 of this Agreement. Payment shall be made as follows [check the appropriate box]: q _________% at the signing of this Agreement as Agreement. 3. COMPENSATION: For the Services contemplated in this Agreement, the Client will pay Designer a fee of $________________. This fee does not include the production of any additional pages_______ (the "ISP"). Client further instructs the ISP to provide Designer with access to any directories or other programs, which need to be accessed for the completion of the Services pursuant to thiper hour. 2. AUTHORIZATION. If applicable, Client hereby authorizes Designer to access the Site's hosting account located on the following ISP's host computer: _________ ______________________________ct any errors; however, they are not for the purpose of make material changes to the Pages. Additional consultation, revisions and maintenance may be purchased at Designer's hourly rate of $_________ with ____ free revisions/updates within a ____ month period after the installation of the Pages. The purpose of the revisions and updates is to: i) make cosmetic adjustments to the Pages and ii) corre______________________ ____________________________________________________________ Any registration costs or fees are the responsibility of Client. H. Revisions/Updates. Designer will provide Client st Computer. G. Registration. Designer will register the Page(s) with the following search engines: ____________________________________________________________ ______________________________________ude description of graphics including Masthead, Top-of-Page, etc.] ___________________________________________________________ F. Web Page Installation. Designer will install the Pages on the ISP's Hoion costs. D. Links. Designer will provide Client up to ___________ links to external pages. E. Custom Graphics. Designer will provide Client with the following graphics (the "Custom Graphics"): [inclExhibit B attached hereto, if such domain name(s) are available. Designer is not responsible if such name(s) is unavailable for any reason. Client is responsible for all domain name fees and registrater specifications for the Pages are listed in Exhibit A attached hereto. C. Domain Name Registration/Reservation. Designer will reserve and register, on behalf of Client, the domain name(s) listed on provide Client up to __________ web pages (e.g. home page, contact page, products page, etc.) (the "Pages"). Client shall supply the final text (a __________word maximum per page) for each page. Furthion, marketing strategy, and education regarding use of a web page editor. Additional consultation may be purchased at Designer's hourly rate of $_________ per hour. B. Web Page Design. Designer will will not be included] A. Email/Phone Consultation. Designer will provide Client up to _________ total hours of general orientation which includes, but is not limited to, any and all internet orientatSite") to be installed on the client's web space, if any, located on its computer or an ISP's computer. Such services to be described in greater detail below (the "Services"): [erase any services that any, is: www.________________ (the "URL"). The Parties agree as follows: 1. SERVICES: Client shall engage Designer for the specific project of developing and/or improving a world wide website (the "_______________________________________ ("Client") and __________________________________________________ ("Designer") (collectively referred to as the "Parties"). Client's current website address, ifuation. WEBSITE DESIGN AGREEMENT This Website Design Agreement (the "Agreement") is made and entered on _____________________________________________, ___________, by and between ____________________ and the federal government before entering into this type of arrangement. In addition, before using the form you should always consult with your attorney to ensure that it addresses your specific sitre governed by both federal and state law. Many of the state laws differ dramatically, therefore the company and the independent contractor should become familiar with the laws of their specific state agreement. It is best, however, if the Designer signs the agreement at the beginning of his/her service, then it becomes a condition of his/her engagement with the company. Employment relationships a copyright ownership, liabilities and expectations of the parties. In addition, the agreement will reaffirm that an employer/employee relationship is not created. Most states will enforce this type ofvides the basic conditions, project parameters, consultation, updates, treatment of confidential information, the terms of payment for the Designer's services to the Client and much more. It clarifiesd an independent contractor (the "Designer") for the design of a new website or improvement of a currently existing website. The Website Design Agreement serves a number of beneficial purposes. It pros subject to the "Disclaimers and Terms of Use" found at findlegalforms.com. Information Website Design Agreement A Website Design Agreement is an agreement between a company/person (the "Client") anulting with an attorney to ensure that it addresses your particular situation. An attorney should be consulted before negotiating any document with another party. The purchase and use of these forms irom state to state. These forms are not intended to be and are not a substitute for legal advice. These forms should only be a starting point for you and should not be used or signed before first cons at least two original copies of the Agreement should be executed (i.e. signed). This form should not be used if the Designer is considered an employee of the Client. Laws vary from time to time and fgner must sign the Agreement. The Agreement should be signed no later then when the service is to begin. Generally both the Client and the Designer each retain an original signed Agreement; therefore,bsite Design Agreement (the "Agreement"). Both the Client and the Designer should review the agreement carefully before signing. The Client or an agent of the Client must sign the Agreement.. The DesiInstructions & Checklist Website Design Agreement This package contains: (1) Instructions and Checklist for the Website Design Agreement; (2) Information about the Website Design Agreement; and (3) We Washington