CONTRACT PROFORMA
Webdesign & Development Contract
Between ______________________, the client
and ZigMEDIA Ltd. (UK), web design and development agency
1. Project
The above-named client is engaging ZigMEDIA Ltd. for the specific project of designing/redesigning the company’s or person’s website as detailed in their original project brief.
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2. Authorisation
The above-named client is engaging ZigMEDIA Ltd., a sole proprietor, as an independent contractor. If the above-named project requires developing and/or improving a website, if the above-named client wishes to have ZigMEDIA Ltd. install the client’s web space on a web server, permission to do such is granted. If the client prefers to have the site hosted elsewhere, the client hereby authorises ZigMEDIA Ltd. to access this account and authorises the Internet Service Provider (ISP) to provide ZigMEDIA Ltd. 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 authorises ZigMEDIA Ltd. to publicise their completed website to web search engines (SEO), as well as any other web directories and indexes, if this is included in the scope of the project.
3. Rates
Work under this contract shall be billed at the hourly rate of £80/hour unless an amount was agreed upon for the commission (see details in #1).
4. Internet Service Provider (ISP)
The client understands that any Internet Service Provider (ISP) services require a separate contract with the ISP of the client’s choice. The client agrees to select an ISP which allows ZigMEDIA Ltd. full access to the website and a cgi-bin directory via FTP or to sign up for web hosting with ZigMEDIA Ltd.
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5. Completion Date
ZigMEDIA Ltd. and the client must work together to complete the project in a timely fashion. We agree to work expeditiously to complete the project no later than _____________________.
6. Payment of Fees and Expenses
A deposit of 50% (£______________) of the total estimated project £__________ shall be remitted upon signing this contract. In addition, ZigMEDIA Ltd. hourly rate and project expenses minus the 50% deposit shall be billed at project completion. Expenses may include, but are not limited to, telephone, travel, design and graphic services, and programming/ coding. All payments will be made in UK funds. If paying by check, you agree that should your bank return your check for any reason, you will be liable for any additional fees incurred by ZigMEDIA Ltd. You further agree that should your bank return your check(s), for any reason, ZigMEDIA Ltd. will charge you a £50.00 fee and you will be responsible for payment in full upon notification by your bank, and/or ZigMEDIA Ltd.
7. Performance Liability
ZigMEDIA Ltd. does not warrant that the functions supplied by webpages, consultation, advice, or Internet website will meet the client’s requirements or that the operation of webpages 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 ZigMEDIA Ltd. 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 ZigMEDIA Ltd. has been advised of the possibility of such damages.
8. Copyrights and Trademarks
The client represents to ZigMEDIA Ltd. and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ZigMEDIA Ltd. for inclusion in webpages 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 ZigMEDIA Ltd. from any claim or suit arising from the use of such elements supplied by the client.
9. Copyright to Webpages
Copyright to the finished assembled work of webpages produced by ZigMEDIA Ltd. is owned by ZigMEDIA Ltd. 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 ZigMEDIA Ltd. generated photos, graphics, source code, layout design, work-up files, and computer programs are specifically not transferred to the client and remain the property of their respective owners.
10. Payment Terms
It is imperative that payments be made promptly and as detailed in this web design contract. Source files will be stored temporarily, for client review, on the mutually agreed server or the client’s ISP account and will be uploaded to go live when full payment is received. If an amount remains delinquent 30 days after its invoice date, an additional 5% penalty will be added for each month of delinquency. ZigMEDIA Ltd. reserves the right to remove webpages from viewing on the Internet until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred in that process. This web design contract becomes effective only when signed by ZigMEDIA Ltd. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Birmingham Circuit Commercial Court, and any dispute will be litigated or arbitrated in Birmingham Circuit Commercial Court.
11. Sole Agreement.
The agreement contained in this “Service Agreement” constitutes the sole agreement between ZigMEDIA Ltd. and the client regarding the project outlined above. Any additional work not specified in this contract requires a separate agreement. All prices specified in this contract will be honoured for three (3) months after both parties sign this contract. Continued services after that time will require a new agreement.
12. Initial Payment and Refund Policy
This agreement begins with an initial payment of £_____________. If the client halts work and applies for a refund within 30 days, to ZigMEDIA Ltd, 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 a written application is made within 30 days of signing this contract.
The undersigned agrees to the terms of this web design contract on behalf of his or her organisation or business.
On behalf of the client:
_____________________________________
Date: ________________
On behalf of ZigMEDIA Ltd.:
_______________________________________
Date: ________________