Web Design and Development Contract

please print this form, copy and mail to: 

Scarlett's Web™, P. O. Box 34271, Charlotte, NC, USA 28234-4271

Company Name :
 
Your Name :
 
Address :
 
City, State Zip,:
 
Phone :
 
Fax :
 
Email :
 
URL (if any):
 

The above-named client (referred to herein as "Client") has engaged Scarlett's Web™ (hereinafter "Scarlett's Web™") for the specific purpose of designing an internet site.


1.SERVICES TO BE RENDERED.
Scarlett's Web™ agrees to perform the following Web Design services :

_________________________________________________________________________

_________________________________________________________________________


All services described herein are to be performed by Scarlett's Web™ &/or its contractors in accordance with the most commonly accepted standards and practices of the Web Services Industry. That is to say, we will use web site design technologies that are most universally acceptable in order to satisfy the broadest web market possible.

2. COST.
Notwithstanding any prices listed in literature or on Web pages, the client and Scarlett's Web™ agree that the services described in this contract shall be completed for $___________

3. ADDITIONAL SERVICES.
The terms and conditions set forth in this document constitutes the sole agreement between Scarlett's Web™ and the client regarding this Web site. Any additional work not specified in this contract must be authorized in writing. Should the client desire additional standard Web pages beyond the original number of pages specified above, the client agrees to pay Scarlett's Web™ as per our our standard "Options" schedule or as agreed upon in writing.

4.COMPLETION DATE
Scarlett's Web™ agrees to submit a first draft/initial creative of the Web Site no later than_____________.  We agree to work expeditiously to complete the web design project no later than ______ days after client has submitted all necessary materials.
If the client does not supply Scarlett's Web™ with complete text and graphics content for this web design project within 30 days of the date this agreement was signed, the entire amount of the agreement becomes due and payable. If the client still has not submitted all of the required contents within 60 days after signing this agreement, an additional continuation fee of 15% of the total agreement price will be assessed for each month until the web design project is published or the web design project is cancelled in writing by the client.

7. PAYMENT/FEE.
Client agrees to pay to Scarlett's Web™ an initial deposit of 50% of the estimated total cost or a minimum of $500.00 upon execution of this agreement. All payments will be made in US funds.  All remaining charges agreed upon and which may accrue shall become due and payable to Scarlett's Web™ upon completion of the services described in paragraph 1 above.  Delinquent bills will be assessed a $50 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 10% penalty will be added for each month of delinquency.
Scarlett's Web™ reserves the right to remove Web pages from viewing on the Internet until final payment is made. Should collection activities become necessary, the client agrees to pay all fees relating to said activity.

8. SUBCONTRACTING.
Scarlett's Web™ reserves the right to assign other Web designers or subcontractors to this project.

9. WARRANTIES AND LIABILITY.
Scarlett's Web™ does not warrant that the functions of the web site will meet the client's expectations of site traffic or resulting business. In no event will we or its sub-contractors 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 Web site, even if Scarlett's Web™ has been advised of the possibility of such damages.

10. TRADEMARKS & COPYRIGHTS.
The client represents to Scarlett's Web™ and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Scarlett's Web™ 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 Scarlett's Web™ from any claim or suit arising from the use of such elements furnished by the client.
Copyright to the assembled work of Web pages produced by Scarlett's Web™ is owned by Scarlett's Web™. Upon final payment of this contract, all rights owned by Scarlett's Web™ as to the design, graphics, and text in this Web site transfer to the client.

11. LITIGATION.
Any disputes arising from this contract will be litigated or arbitrated in Charlotte, North Carolina. This Agreement shall be governed and construed in accordance with the laws of the State of North Carolina, USA.

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.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated below:

 

_______________________________________ Date ______________

CLIENT Name & TITLE - printed:_________________________________

 

_______________________________________ Date ________________

On behalf of Scarlett's Web™

Scarlett's Web™
P. O. Box 34271
Charlotte, North Carolina 28234-4271
USA