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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