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Web Design Contract


In this contract; “You” constitutes to the client of this project including any and all representatives of the client authorized and responsible for working on this project with JCM Design.
“Us” and “We” constitutes to JCM Design.

º INITIAL PAYMENT

The initial payment of 50% of agreed on price is due at the time of signing this contract and before any work begins.

º FINAL PAYMENT

Final payment of total price is due 15 days after contract is signed whether the project is finished or not.

º ADDITIONAL PAYMENTS

Any additions to the work agreed on must be submitted in writing and the additional payments for those will be added to the final payment if under $50. Additions totaling $50 and over will be due immediately. Unless a particular feature or service is explicitly mentioned in the contract, it should be assumed that it was not part of the agreement.

DESIGN PROCESS AND TIMEFRAME

The design process and timeframe is an aproximation of the time it will take to complete th e project. It may take more or less time depending on the simplicity or complexity of the project.

1.    Website Purchase
-same day
We will help you choose or create the right package to meet your online needs. Contract will be signed and effective from this point on. Initial payment is due at this time. If a domain name and web hosting will be purchased it will be done at this time as well. (domain name must be available)

2.    Layout
same day as purchase
We will discuss a layout and a sketch mockup will be drawn for your approval. First milestone will be signed off.

3.    Content
-1 week
You will send us all the images, text and the rest of the content you would like to see on your site. If your package includes our photograph service, we will schedule a time to take the photographs (you must be present to approve the photographs).

4.    Design
-10 days
The Design of your web site will be started, you will receive the first proof within this timeframe (flash design might delay this process, we will discuss this in step 1)

5.    Approval -24 hours
When we complete designing your web site, you will approve or reject your project. If you reject it, you can use your 1st revision. At this time you will also check all the grammar and punctuation of the entire project.

6.    Revisions made to the web site
-5 days
We will make all the corrections pointed out by you. If necessary we will do this one more time (second and last revision)

7.    Web Site will go live online
-24 hours
Once you approve and sign off the last revision, the web site will be online officially. At this point it will be submitted to major search engines such as Google, MSN, Yahoo, and about thirty (30) others for indexing. Final payment is due in full at this time.

8.    Rights transferred
-24 hours
The rights to your website will be given to you in writing. You can purchase a backup of your files at this time.

9.    Done!!

You must sign at the end of each milestone. If you decide to change something from the previously signed off milestone, a fee of $50 will be applied and due.

º REVISIONS

All web design projects include two (2) revisions. All of the changes you want must be included in the second revision. Revisions are to be approved or rejected within 24 hours after being sent to you. There will be a charge of $100 - $200 for additional revisions depending on the amount of work. This fee is due before work resumes.

º DELAYS

If the project is not finished 10 days after final payment due to client’s failure to provide content in the timeframe agreed upon, the project will be considered finished. A new contract must be signed and payment will be due to finish the project and it will be considered a new project.

º IMAGES/GRAPHICS

You agree that all images provided by you belong to you or, you have permission to use them. JCM Design WILL NOT download images off the internet to include in your project. Any photographs taken by us for your project that are not used in the final product are property of JCM Design and may be stored or deleted at any time.

º TEXT

Any text submitted by you must be read proof and free of errors. We will not correct any text you submit.

º WEBSITE OWNERSHIP

We retain full rights to all work including source code, layout, design, graphics, photographs and flash including altered content submitted by you. You retain the rights to original content that you submitted. When the project is finished and this contract fulfilled full rights of the design, layout, text, source code and images, including flash files (swf) will be transferred in writing to client. For an additional fee of $30 we will deliver a copy of the above mentioned files as a backup on a CD or DVD (depending on the total size) as we may or may not delete the files from our computers once the project is done. The files included in this backup will be of the quality used for the web site. High resolution images including those for print (if available) can be included for an additional fee. This must be done at time of project completion. Rights that will not be transferred are any special applications including but not limited to database design, CMS (Content Management System), source photoshop (.psd) and flash files (.fla), and any application not owned but used under license by JCM Design.

º CREDITS

For portfolio credentials purposes and integrity of any applicable copyrights, we will place a small unobtrusive (“Designed by JCM Design”) hyperlink on the footer of each page.

º ACCESS TO SERVER AND DOMAIN NAME SETTINGS

1.    Server (This only applies to you if we host your web site)
We will have sole access to the servers where your web site will reside. We have other web sites on the server and cannot compromise the security of any (including yours). If for any reason a third party needs to change something on the site through the server we might grant temporary and limited access to that part of the server at our discretion. We are not responsible for any damages done to your site by a third party or anyone not authorized by us. If you decide at any time that you want to host your web site somewhere else, you are responsible for uploading your own files to the other host. If you do not purchase a backup copy of your files at the time of completion there will be a fee of $70 to get them off the server and into a CD or DVD.

2.    Domain name settings access. (this only applies to you if we registered your domain)
We will have sole access to the domain name settings. If you move your web site from our servers and decide you want to take your domain as well, we will transfer it to you for a fee of $50.  You are responsible for any fees from third party companies.  You are also responsible for the registration fees from that point on.

º SITE MAINTENANCE AND TECHNICAL SUPPORT

A separate site maintenance contract must be signed for us to maintain your site and offer technical support. This includes anything past the point of finishing the project and launching of the site. Some common maintenance includes adding or modifying e-mail addresses, content such as images, text, slideshows, maps, etc.

º CANCELLATION

If you decide to cancel the project you must do so in writing within five (5) days. You will receive 50% of your initial payment. The other 50% is non refundable.

º LIMITED LIABILITY

JCM Design is cannot be held responsible for any losses occurring from the delay of finished work. You are responsible for losses deriving from promoting an unfinished web site.

º CHOICE OF LAW

We will do our best to make sure that you are satisfied with your project. In the unfortunate case that something goes wrong we will try to come up with a reasonable solution. Any legal disputes between JCM Design and the client that end up in court must be resolved in a court in Monterey County, California, USA.


I fully read, understand and agree to all the terms and conditions in this contract

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