Terms of Contract
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The above-named Client (hereinafter referred to as “Client”) is engaging Vertical Marketing as an independent contractor for the specific purpose of designing a World Wide Web site, herein after referred to as “Web Design Project”, to be published on the Client’s account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, herein after refer to as “Hosting Service”, and provided to the client. The Client also authorizes Vertical Marketing to submit the completed Web Design Project to major Web Search Engines.
This Web Design Project will be developed using Joomla, WordPress
- Compatibility - Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Vertical Marketing represents and warrants that the web site we design for you will work in:
- Internet Explorer versions 6 and up
- Mozilla Firefox version 1.0 and up
2. Assignment of Web Design Project.
Vertical Marketing reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion.
3. Copyrights and Trademarks.
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Vertical Marketing for inclusion in the Web Design Project 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, indemnify and defend Vertical Marketing and its subcontractors from any liability (including solicitor’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
4. Web Site Maintenance.
This agreement allows for minor web site maintenance to pages for the lifetime of your web site at no charge, including updating links and making minor changes to a sentence or paragraph. It does not include page reconstruction, page rearrangement, new pages, guestbooks, discussion webs, navigation structure changes, attempted updates or repairs by the Client. The period begins on the date the Client’s web site is available to be published to the Client’s hosting service. Major page code and/or graphics changes and additions will be charged at the €30.00 per hour rate. (Notice: This rate is subject to change at any time.) Should the client require continuous maintenance it will be billed at an agreed rate per month and will be billed in 30 day increments. All payments, regardless of amount, must be made within 10 days.
5. Completion Date.
Vertical Marketing and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project no later than ____ after Client has submitted all necessary materials. If the Client does not supply Vertical Marketing with complete text and graphics content for this Web Design Project within ____ days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by Vertical Marketing as liquidated damages and the contract shall become null and void, at Vertical Marketing‘s discretion, unless the Web Design Project is canceled in writing by the Client prior the effective date of the agreement. Vertical Marketing reserves the right to retain a portion of this to cover costs which may be incurred by the company.
6. Project Delivery.
The final web site design project will be published to the Client’s hosting service upon receipt of final payment. Hosting services require a separate contract with the hosting service of the Client’s choice. The Client agrees to select a hosting service which allows Vertical Marketing full access to the Client’s account via FTP (File Transfer Protocol). The Client will be solely responsible for any and all hosting service charges.
- If the hosting service have extensions installed and the extensions are not configured correctly to support publishing functionality, Vertical Marketing will not be responsible for problems arising from such service.
7. Web Design Project Copyright.
Copyright to the finished web design site produced by Vertical Marketing will be owned by Vertical Marketing. The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs specifically are not transferred to the Client, and remain the property of their respective owners. Vertical Marketing and its subcontractors retain the right to display graphics and other Web Design elements as examples of their work in their respective portfolios.
Payments must be made promptly based on the terms of this Web Site Design Project. Vertical Marketing reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. All payments are to be made within 10 days after completion and approval of the Web Design Project by the Client. In case collection proves necessary, the Client agrees to pay all fees (including all solicitor’s fees and court costs) incurred by that process. This agreement becomes effective only when signed by Vertical Marketing. Any dispute will be litigated or arbitrated in an Irish court of law. Adding of Meta Tags (Description and Keywords) and the submission of the Web Design Project to Web search engines and updating occur only after the full final payment is made. All payments will be made in Euros.
9. Payment Schedule.
Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and the Package Price, attached here to and made a part of this agreement hereof. Notwithstanding any prices listed in literature or on Web pages, the Client and Vertical Marketing agree that the services described in this contract, and the Package Price, shall be completed for €________. The Client agrees to pay to Vertical Marketing an initial, non-refundable deposit of €________ ( 50% of the estimated total cost) upon execution of this agreement. Final payment is due immediately prior to publication and/or delivery of the Web Site Design Project. All amounts must be in Euros.
10. Legal Notice.
Notwithstanding anything to the contrary contained in this contract, neither Vertical Marketing nor any of its employees or agents, warrants that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will Vertical Marketing be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor’s computer or Internet software, even if Vertical Marketing has been advised of the possibility of such damages.
11. This Agreement.
This agreement constitutes the sole agreement between Vertical Marketing and the Client regarding this Web Design Project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by both Client and Vertical Marketing. All prices specified in this contract will be honored after both parties sign this contract. Continued services after that time will require a new agreement.
The undersigned hereby agrees 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.
Authorized Representative for