Initial Setup, Design & Development: Billed at Quoted Price
-Editing & updating of web pages
-Image retouching and optimization
-File structure organization
-Site navigation optimization
-Implementation of recommended & approved changes
Site Maintenance: $50/mo.
Website Hosting: $48/yr.
Additional Services: $85/hr.
TERMS OF CONTRACT
This AGREEMENT is in effect upon receipt of first payment between the Client who makes payment (hereafter referred to as "Client"), and EPOC Designs hereafter referred to as “Consultant.” This agreement is with respect to the design/re-design of Client’s website, hereinafter referred to as the “Work.” Whereas, Consultant is a professional web designer of good standing; Whereas, Client wishes Consultant to create certain Work described more fully herein; and Whereas, Consultant wishes to create such Work; Now, therefore, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows:
The Client and Consultant may disclose confidential information one to the other to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:
1. is already known to the party to which it is disclosed;
2. is or becomes part of the public domain without breach of this Agreement;
3. is obtained from third parties, which have no obligations to keep confidential to the parties to this Agreement.
DESCRIPTION OF WORK:
The attached Proposal sent to Client will describe the Work that is required of Consultant for the Client.
The full length of this contract is as follows:
Starting date shall be upon receipt of first payment and estimated completion* date shall be within 30-days for the total amount due subject to the payment plan chosen below:
-ADVANCE PAYMENT (10% Discount Applied)
-STANDARD PAYMENT: 50% Deposit + %50 Within 30 Days
Client shall pay Consultant a minimum of 50% of total cost, as a deposit for project commencement.
*Consultant agrees to deliver samples of design on dates as agreed upon in the Proposal. Consultant will make every effort to meet agreed upon due dates. The Client should be aware that failure to submit required information or materials may cause subsequent delays in the production. Client delays could result in significant delays in delivery of finished work.
PAYMENT OF INVOICES:
Consultant will be entitled to invoice the Customer on an interim basis at least monthly for progress payments for any Services performed or Products supplied during the previous month (or during any earlier period which has not previously been invoiced).
All invoices rendered by Consultant are payable within fourteen (14) days from the date of invoice. The Client agrees to pay Consultant in full within this time period.
If the Client fails to pay any invoice by the due date for payment, then without prejudice to Consultant’s rights under this Agreement, the Client shall also pay Consultant a late fee of 5% of total amount due for every 30 days the payment is late.
FEES & ADDITIONAL SERVICES:
Changes in client input or direction or excessive changes will be charged at the hourly rate specified in the fee schedule above. Any work the Client wishes Consultant to create, which is not specified in the DESCRIPTION section of this agreement, or in the attached Proposal will be considered an additional service. Such Work shall require a separate Agreement and payment separate from and above that specified in this Agreement.
ASSIGNMENT OF WORK:
Consultant reserves the right to assign other designers or subcontractors to the Work to ensure quality and on-time completion.
RESERVATION OF RIGHTS:
All rights not expressly granted hereunder are reserved to Consultant, including but not limited to all rights in sketches, comps, or other preliminary materials.
PERMISSIONS AND RELEASES:
The Client agrees to indemnify and hold harmless Consultant against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
The Client may publish or disclose information regarding the Work and shall acknowledge the support of Consultant in all such publications. The Client will not use the name of Consultant, in any advertising or publicity without the prior written approval from the Consultant. The Consultant will not use the name of Client, in any advertising or publicity without the prior written approval from the Client.
Copyright is in Consultant’s name. Upon completion of Work, the copyright will only be released to the Client upon the Consultant’s signing of the Release of Copyright.
Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that Work is postponed or terminated at the request of the Client, Consultant 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 days of the Client’s written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Consultant and the Consultant shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
The Client and Consultant are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor Consultant has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.
This Agreement shall be governed by and construed in accordance with the laws of Georgia applicable therein.