Web Design Agreement

Summary
Web Design Contractual Agreement:  Maine Niche will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so all parties know what is what, who should do what and what happens if things go wrong. We want what’s best for the safety of both parties, now and in the future. We do ask that you read the Web Design Agreement prior accepting our services.

Your use of our site and/or acceptance of our services, tells us you have read and agreed to: Web Design Contractual Agreement, Advertising and Merchant Agreement(s), Terms and Use and Privacy Policy. Please read these documents carefully. If you do not agree with any of these terms, please exit Maine Niche. Maine Niche reserves the right to terminate Membership and deny access to the site to any person who violates these agreements.

Agreement
As our Customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it and in the format that we ask for. You agree to review of our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.

We have the experience and ability to perform the services you from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. In addition, we will also maintain the confidentiality of any information you give us.

Details of the Works
We will create designs for the look-and-feel, layout and functionality of your web site. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at the rate set out in our original estimate.

Text content
We are not responsible for writing or inputting any text copy unless we specified it in the original estimate. We’ll be happy to help though, and in addition to the estimate we will charge you an additional fee to be determined by the requested services, writing or content; includes a free initial consultation.

Photographs
If needed, you will supply us photographs in digital format. If you choose to buy stock photographs we can suggest vendors of stock photography. Any time we spend searching for or taking appropriate photographs will be charged at $11.00  hourly Photo fee, after a free initial consultation to determine if this is the best route to take.

Changes and Revisions
We know from previous experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either of your options or your opportunities to change your mind.

The estimate/quotation prices at the beginning of this document are based on web design packages you select. If you do want to change your mind, add extra pages or add new functionality, that won’t be a problem. You will be charged according to selection of requested changes and functionality. Along the way we may ask you to put requests in writing so we can keep track of changes.

Technical Support
You may already have professional web site hosting; you might even manage that hosting in-house. If you don’t manage your own web site hosting, we will refer you to one of our preferred, third-party hosting providers. All transactions and fees will be between you and the third-party hosting provider.

We are not a web site hosting company therefore; we do not offer or include technical support for web site hosting, email or other services relating to web site hosting. If you do require help with anything beyond the design and development of your site, we’ll be happy to help.

Legalities
We can’t guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyrights
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by you, or that you have permission to use them.

When we receive your final payment, copyright is automatically assigned as follows:  You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them.

You also own text content, photographs and other data you provided, unless someone else owns them. We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.

Payments
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule, which will be as follows, but may be revised based on further conversations us.

50% of total estimate fee upon agreement of initial design: $__________

Remainder of fee payable at completion of project: $__________

Overdue Accounts:
Terms of Billing
Maine Niche will begin set-up of the service upon customer’s review of this online Web Design Contractual Agreement; also depending on the service selected, we require full-payment or half-payment due at the onset of the set-up and, where applicable, the remainder upon completion of the project. In addition, upon acceptance of this Agreement, we ask the customer to register with us. In the event of changes to your Account (i.e. – name or email), the customer shall be responsible to promptly notify Maine Niche in writing or by email of such changes.

Payment
Depending on the services selected, we will either require full payment or half the amount due at the onset of the Agreement and set-up with remainder due upon completion of the project.

Method of Payment
Payment(s) may be made by the use of PayPal for specified services. We also accept checks and money orders; however, services will not be initiated until checks have cleared.

In the event the customer shall be granted credit with Maine Niche, the customer agrees that if payment(s) are delinquent and/or the account is referred to an attorney for collection, the customer will be liable for payment of all court costs, expenses and reasonable attorney fees incurred in the collection of said account.

Method of Collection
There will be a $35.00 service charge for each returned check. There is a $40.00 collection fee for each item charged back. Delinquent accounts will play a major role in future services provided.

And Finally
You cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.