Web Design, Development, Content Management

TERMS & CONDITIONS

It is my desire to delight the client with a professionally created Web Site. It is imperative that we both understand and agree to the work being contracted. These are the terms of our agreement together:

Authorization

The client is engaging Broggin Interactive as an independent contractor for the specific project of developing and/or improving a World Wide Web site to be installed on the client's web space on an Internet Service Provider's computer. The client hereby authorizes Broggin Interactive to access this account, and authorizes the Internet Service Provider/Web Host to provide Broggin Interactive 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.

Package Elements

Broggin Interactive includes the following elements in their Web site packages:

Web Site Plan

The content of the Web pages will be supplied by the client and executed as specified by the client in an email or document form. Notwithstanding any prices listed in literature or on Web pages, the client and Broggin Interactive agree that the services described in this contract shall be completed for an amount agreed upon by both Broggin Interactive and the client which shall include the agree upon amount of Web pages:

In case the client desires a custom Web Site beyond the original Web Site Plans specified above, the client agrees to pay Broggin Interactive $ 100 for each Web page.

Web Site Maintenance.

Web maintenance is billed separately. To sign up for a maintenance package, please contact Broggin Interactive at info@broggininteractive.com. Broggin Interactive has several maintenance packages. If the Client does not purchase a maintenance package, then maintenance is charged at a rate of $100.00 an hour (with a 1 hour minimum).

 

If the Client has purchased a content management system with the web design project, then Broggin Interactive is not responsible for any changes made by the Client. A tutorial will be sent to show the Client how to use the system.

Special Instructions

The space below describes any changes the client desires from the services outlined above:_______________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________.

Changes to Submitted Text

Time required to make substantive changes to the text which are requested after the Web pages have been constructed and the site has gone live, will be billed at an hourly rate of $100 unless a written agreement is signed by both the client and Broggin Interactive.

Internet Service Provider/Web Host

The client understands that any Internet Service Provider (ISP)/Web Host services require a separate contract with the ISP/Web Host of the client's choice. The client agrees to select an ISP which allows Broggin Interactive full access to the Web site and a cgi-bin directory via FTP and telnet.

Completion Date

Broggin Interactive and the client must work together to complete the Web Site expeditiously. Broggin Interactive agrees to complete the Web Site no later than 30 days from date of initial payment of 50% of fees, provided the web host information and all other client materials are supplied in a timely manner.

Payment of Fees

Fees to Broggin Interactive are due and payable on the following schedule: 50% upon signing this contract, 50% when the Web pages have been constructed according to the client's original written specifications. If the total amount of this contract is less than $500, the total amount shall be paid upon signing this contract. In case the client has not secured Web space on an Internet Service Provider computer by the time the Web pages are completed, the Web pages may be delivered to the client on diskette. Advertising the pages to Web search engines and updating occur only after the final payment is made. All payments will be made in US funds.

Assignment of Project

Broggin Interactive reserves the right to assign other Web designers or subcontractors to this project to insure the right fit for the job as well as on-time completion.

Legal

Broggin Interactive does not warrant that the functions contained in these Web pages or the Internet Web site will meet the client's requirements or that the operation of the Web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web pages and Web site is with client. In no event will Broggin Interactive 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 Broggin Interactive has been advised of the possibility of such damages.

Copyrights and Trademarks

The client represents to Broggin Interactive an unconditional guarantee that all elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Broggin Interactive 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 Broggin Interactive from any claim or suit arising from the use of such elements furnished by the client.

Copyright to Web Pages

Copyright to the assembled work of Web pages produced by Broggin Interactive is owned by Broggin Interactive. Upon final payment of this contract, all rights owned by Broggin Interactive as to the design, graphics, and text in this Web site are assigned to the client. Rights to photos, graphics, and CGI programs which were not owned by Broggin Interactive are limited to the client's use only; the products themselves remain the property of their respective owners.

Payment of Fees

Payments must be made promptly. Delinquent bills will be assessed a $15 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 5% penalty will be added for each month of delinquency. Broggin Interactive reserves the right to remove Web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by Broggin Interactive. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Prince Georges County, Maryland, and any dispute will be litigated or arbitrated in Prince Georges County, Maryland. Please pay on time.

Sole Agreement

The agreement contained in this "Web Site Design Agreement" constitutes the sole agreement between Broggin Interactive and the client regarding this Web site. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for 1 month after both parties sign this contract. Continued services after that time will require a new agreement.

Initial Payment

This agreement begins with an initial payment invoiced and emailed separately.