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Thread: need a development contract asap
Oct 29, 2002, 09:47 #1
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need a development contract asap
I have to meet a client (in a few hours) today. I just need a simple development contract.
Can someone help me?If you don't know, you better ask somebody
Oct 29, 2002, 10:12 #2
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- Oct 2001
- Beyond yonder
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Oct 30, 2002, 12:17 #3
Moved to a more appropriate forum
-- You lived inside my world so softly
-- Protected only by the kindness of your nature
Oct 30, 2002, 13:15 #4
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- Toronto, Canada
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I'm starting a forms site soon, but in the meantime, here's an old unedited one I pulled out.
Project Proposal & Contract - blahblah.com (December 14, 2001)
This document is a project proposal document, subject to change until approval, for blahblah.com. This is an initial evaluation document that shall be forwarded to all primary parties. Blah blah blah, hereafter referred to as "Client" and NMC Group, hereafter referred to as "Company".
1. Draft: This is the final document, which must be approved by the Client after every change.
2. Project Overview: As per conversations with the Client, the Company understands the project to be a complete development, design and deployment of the advertising initiative blahblah.com including domain name maintenance, hosting, a database driven site with simple and effective administration, etc. The Company understands that the goal of blahblah.com is not only to provide a comprehensive information set for all visitors as well as a searchable, targeted directory of services related to the subject matter but primarily to be a vehicle marketing, advertising and exposure vehicle for the Client.
In terms of advertising, the Company understands that the Client would like to be able to administer all advertising, as well as tracking advertiser effectiveness (including but not limited to referrals).
In terms of maintainability, the Company understands that the Client desires a site which requires no reworking of code, until such a time as repairs are required or the Client wishes to add features. The Company also understands that the Client desires a site that requires little or no uploading of information via unfriendly and ineffective methods such as FTP.
The previously outlined Proposal and the attached documents which are directly or indirectly related to the development and process of blahblah.com are based upon the Company's understanding both of the Client's goals and desires, as well as the Client's budget. Following this process a Contract shall be signed binding the Company and the Client together either until the completion or cancellation, due to fault (and appropriate compensation) of either the Company or the Client, of the Contract.
3. Options & Costing:
This site, will allow for greater maintainability, increased advertiser effectiveness and understanding, greater user feedback and interaction, greater site customizability, etc. Total estimated cost is $6,500 (US).
· Domain Administration
· Website Hosting including:
§ Email accounts
§ FTP Access
§ Secure Directories
§ Directory Browsing
§ Site Statistics
§ Support for: Frontpage, sub-domains, extra domains, E-Commerce, MySQL, SQL, Access, server side includes and more
§ Full ASP Support
§ Live statistics and user tracking
· Website design including:
§ Template design
§ Logo Design
§ Graphics optimization
§ User testing
§ All source files
§ Logo optimized for web, print and television and provided in a variety of sizes and formats for client convenience and to allow for as many future uses as possible without degrading the quality of the logo or branding.
· Website development including:
§ Secure Web-based administration (adding, removing & editing of all content)
§ Fully indexed & searchable resource of law-related materials
§ Fully indexed, categorically organized & searchable directory of services (add services by 1-3 ZIP codes or by State)
§ Dynamically displayed content based upon user input and interaction
§ Site fully database-driven
§ User testing
§ Code optimization and encapsulation
§ All source files (not open for redistribution, may be subject to encoding)
§ Search Engine Optimization including meta-tags, keywords, page placement, etc.
§ Web Hosting extended by extended COM, COM+ and component installation and support
§ Web-based File Management
§ Administrator login
All Estimates are provided with estimated costs to allow for greater freedom to the client. The costs do not include extras the Client may wish to include at a later date, travel & other expenses incurred at the Client's request, or any legal fees which may arise due directly or indirectly to instructions and specifications communicated and approved by the Client.
4. Relationship: Company is acting as an independent contractor, and is not acting as an employee of Client.
5. Authorization: Client is engaging Company for the specific project of creating a dynamic and positive marketing and advertising initiative on the Internet by developing and/or improving a World Wide Web Site to be installed on the client's web space located on an Internet Service Provider's (ISP) computer also referred to as Web Presence Provider (WPP). The Company will establish a relationship with the ISP or WPP for the Client, unless the Client requests otherwise, in which case all costs and objectives related to web hosting, domain name administration, etc will become the responsibility of the Client. The Client hereby authorizes Company to access this account, and authorizes the Internet Service Provider to provide Company 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.
6. Installation: Company will provide the installation of the web site to the web hosting server. If the Client chooses a web hosting service other than the web hosting services offered by Company, the Client will be responsible to provide Company with any necessary passwords, internet addresses, write permission, and any other information required to access the web hosting server in order for Company to be able to complete installation of the Client web site.
7. Maintenance and Changes: Company will provide minor updates to the web site for a period of 6 months. Minor updates should not exceed more than 20% content change of any single page. Maintenance and changes shall not exceed five (5) hours per month, unless such changes are to repair errors or necessary upgrades, the hourly Maintenance rate ($75/hour) will be applied thereafter. No other parties shall have the right to change the web site during the maintenance period. If The Client or an agent other than Company attempts updating the web pages, time to repair web pages will be assessed at the hourly rate, and is not included as part of the updating time.
8. Promotion: Company will submit the Client web site to all top-tier search engines & directories, all second-tier search engines & directories as well as no less than 200 other search engines and directories. The Client must supply keywords to Company.
9. Completion: Company and the Client must work together in order to complete the web site in a timely fashion. Both Company and the Client agree to work diligently to meet each due date. The Client understands that exceeding one or more of the "due dates" may require other due dates to be altered.
10. Subcontractors: Company reserves the right to assign subcontractors to ensure timely completion of the project.
11. Payment Terms: All payments are to be made in U.S. Funds. Client agrees to submit a payment of not less than 30% of the total agreed package price at the time of signing the Contract. A further 30% will be submitted at the time of final approval. The remaining balance and any other incurred expenses shall be paid upon completion and delivery of the project. Accounts that are not paid in full within 14 days of completion and/or invoice date will be considered delinquent. Delinquent accounts will be assessed a $200 charge. If an account remains delinquent 30 days or more, an additional 5% per month of the remaining balance will be added to the bill for each month the account remains delinquent. Company reserves the right to uninstall, or make inaccessible to Client, any web page or web site or portion of the work, of a delinquent account until full payment is received. A setup and installation fee of $100 will be required to return a web site to fully accessible condition on the Internet or Intranet. Accounts delinquent 120 days or more will be considered default and may be referred to an outside agency in an attempt to collect any outstanding balance. The Client shall assume responsibility for all collection and/or legal fees necessitated by default in payment.
12. Additional Expenses: Client agrees to reimburse Company for any additional expenses necessary for the completion of the work. Additional expenses will be submitted to the Client by the Company for approval. Examples would be: purchase of special fonts, stock photography, travel, etc.
13. Additional Services: Any revisions, additions or redesign Client wishes Company to perform which is not specified in this document shall be considered "additional" and will require a separate Agreement and payment.
14. Trademarks and Copyrights: Client hereby unconditionally guarantees that all text, graphics, photos, trademarks, designs and any other materials provided to Company by the Client are either owned by the Client or used by permission of the owners of said materials. Client agrees to hold harmless, protect and defend Company from any claim or suit arising from the use of these materials. Client hereby agrees that any material submitted to Company will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Similarly, Company warrants that all graphics and text used in the construction of the site are either owned by Company or used with permission.
15. Limited Liability: Client hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.
Client hereby agrees to indemnify and hold harmless Company from any claim resulting from Client's publication of material or use of those materials. Company may or may not give notice before deactivating the use of an account which we decide is an abusive or unethical use of, or a potentially illegal use of the Web Hosting Account or Host Server. Client hereby agrees to indemnify and hold harmless Company in any claim resulting from the submission of illegal materials.
Under no circumstances, including negligence, shall Company, its officers and employees, agents or anyone else involved in creating, producing or distributing it's services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Company's services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Company's records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content of Company's services.
16. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.
17. Indemnification: Client agrees that it shall defend, indemnify, save and hold Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees, ("Liabilities") asserted against Company, agents, its Clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employee or assigns. Client agrees to defend, indemnify and hold harmless Company against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with service provided by Company, any material supplied by Client infringing on the proprietary rights of a third party, copyright infringement, and any defective product which Client has sold in the Web Design.
18. Cancellation: In the event that the project is postponed or cancelled at the request of the Client by registered letter, Company shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty (30) days of the Client's notification to stop work. In the event of cancellation, the Client shall also pay any expenses incurred by Company and Company shall own all rights to any and all completed work. The Client shall assume responsibility for all collection and/or legal fees necessitated by default in payment.
19. Refund Policy: If the Client applies by a registered letter for a refund within 15 days of signing this contract, work already completed shall be billed at the set hourly rates of 100$ and deducted from the initial payment. If the work that has been completed is beyond the amount covered in the initial payment, the Client shall be liable to pay for all work completed.
20. Entire Understanding: This contract, together with the links herein, constitutes the sole agreement between Company and the Client regarding its services. This Agreement supersedes any existing agreement, written or otherwise, between the parties with respect to the subject matter hereof. It becomes effective only when signed by both parties.
21. The undersigned agrees to the terms of this agreement on behalf of his or her organization or business. No responsibility will be accepted for digital or photocopied signatures.
Client Authorized Signature:____________________________________ Company Authorized Signature:____________________________________