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Web Site Design
Agreement
HB Jamaica
The Trade Centre
.
6130 Hollywood Blvd .
Unit 2B
.
Hollywood, FL 33024
AUTHORIZED DEALER:
1 1/2 DOWNER AVENUE
.
KINGSTON 5
Jamaica Phone:
876-979-0771
.
USA Phone: 1-800-819-5188
. Fax:
1-888-722-3072
Email:
info@hbjamaica.com
THE HANDY BOOK desire is to
delight the client. One way is to make clear our
understandings with each other. These are the terms of
our agreement together:
1. Authorization.
The above-named client is engaging THE HANDY BOOK as an
independent contractor for the specific project of
developing and/or improving a World Wide website to be
installed on the client's web space on our web hosting
service's computer or another of the client’s choosing.
The client hereby authorizes THE HANDY BOOK to access
this account, and authorizes the web hosting service to
provide THE HANDY BOOK 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. The client also authorizes THE HANDY
BOOK to publicize their completed website to Web search
engines, as well as other Web directories and indexes.
THE HANDY BOOK includes the
following elements in their Standard Website Packages:
Links
to external pages, according to package purchased.
Photos and other misc.
graphic images supplied by client (up to an average
of 3 included per page in standard websites) THE
HANDY BOOK has graphic images on file that the
client may include on their web site at no
additional cost.
Minor updates and
changes to existing web pages for customer who host
their site with us as long as it is within their
purchased plan. This does include any MINOR
modifications and tweaking to work out backend
database bugs and functionality, insertion/removal
of text and images.
This does not include
adding features past the scope of this project
outlined in Planning Worksheet which is outline in
this agreement. For client's not hosting
with us: Once the client approves the site
and it's launched at their domain name, no
additional
updates will be allowed for free.
KeyPhrase Optimization
& Meta Tag Generation will be set up on all static
pages on a one-time basis, if the client submits the
key words and description by email. The Handy Book
will, however, submit the URL of all client site to
Yahoo, Google and MSN at no additional cost.
2. ALL Website Packages.
The content (text and graphics) of the web pages will be
supplied by the client and executed as specified by the
client in the "Website Planning Worksheet or Order Form"
. The Client has chosen and agreed to pay
for the plan chosen as noted on the official
invoice or paragraph 13 of this agreement. Where
custom graphic work (beyond the scope of the "Custom
Graphics Package" detailed above) is requested, it will
be billed at the hourly rate or the Client may upgrade
to another plan and pay the additional cost associated
with the upgrade. Within the eCommerce packages, each
item is counted by the amount of different prices to be
entered within the database. Cost of plan
chosen WILL NOT vary as long as the Client stays within
the perimeter of the original chosen plan.
Please note that
normal page length will not exceed 11 x 14 without
additional cost. All content management website
with a database requires a 2 year minimum hosting
agreement before the website is allowed for any
transfers to another hosting company. Please note
that HBJamaica brands all of its websites designed.
Though you may have ownership rights to the site and may
make any changes necessary to the site, the branding of
the site will remain unless an additional fee is paid.
Unauthorized removal of
HBJamaica's branding will result in automatic suspension
of website until branding removal fee is paid.
3.
Maintenance and Hourly Rate.
This agreement includes minor web page maintenance to
regular web pages for customers hosting with us. It does
not include removing nearly all the text from a page and
replacing it with new text. The update period commences
upon the date the client's web site is officially
published to the web and all monies paid. Once the
client’s site has been published to their domain name,
design work will incur an additional cost, however
customers may use their FREE update hours towards
maintenance at no additional cost. (see
paragraph 13)
The updates will be completed within 24 hours unless
otherwise indicated to the Client. All update requests
MUST be submitted by email in the exact wording to be
added to the site. Images to be replaced MUST be
submitted in its final format as a .jpg file. The Handy
Book will not change any text or images without client
incurring additional charges. Customers not hosting with
us will not receive any free updates.
4. Changes to Submitted
Text. Please send us
your final text. You are fully responsible for
submitting all the text information for your website.
We will not reword any of your text submitted. If
you require our service of rewording or originating the
text for your website, please notify us.
5. Completion Date.
THE HANDY BOOK and the client must work together to
complete the website in a timely manner. We agree to
work expeditiously to complete the website within
__1-2.5___weeks from the point of receiving ALL
information (complete text and graphic content) and
payments for this website project. This project
completion date is affected by the date the initial
deposit is received, as well as THE HANDY BOOK receipt
of complete text and graphic content from the client.
The completion date counting will begin after THE
HANDY BOOK has received ALL information (complete
text and graphic content) and payments for this website
project. If the client does not supply THE HANDY BOOK
complete text and graphics content all web pages
contracted for within four weeks of the date this
contract was signed, the entire amount of the contract
becomes due and payable. If the client has not submitted
complete text and graphics content within six weeks
after signing of this contract, an additional
continuation fee of 10% of the total contract price will
also be assessed each month until the website is
published.
6. Payment of Fees.
Fees to THE HANDY BOOK are due and payable on the
following schedule: 50% upon signing this contract, 50%
when the web pages have been constructed and proofed
according to the client's original written
specifications unless other arrangements have been
agreed upon. The web site will be published on the World
Wide Web once all monies due are paid. All monthly
hosting charges must be prepaid (12 months in advance
based on the Client’s chosen plan). Payment
options are available upon request for two year
agreements only..
a. 1st payment - 50% down payment of 1st year
calculation due upon signing the agreement.
b. 2nd payment - Balance of 1st year calculation due
upon completion of website prior to launching site.
c. 3rd payment - Half of 2nd year calculation due
at the end of the first 6 months of hosting.
d. 4th payment - Balance of 2nd year calculation
due at the end of the first year of hosting.
The pre-paid hosting charges are non-refundable since
that area of our server has been reserved for the client
for that period. After approval of site, all payment
made are non-refundable. All domain registration
fee is non-refundabel. Hosting prices are subject
to change at the end of your pre-paid period with
notice. Renewed hosting period will be subject this
agreement. PLEASE
MAKE YOUR PAYMENT IN A TIMELY MANNER AT JAMAICA
NATIONAL BILL PAY. We
accept Cash, Cheques, and all major credit cards via
PayPal including EChecks.
ALL CHEQUE PAYMENTS
WILL BE MADE IN JA FUNDS MADE OUT TO THE TRADESMAN HANDY
BOOK.
7. Legal.
THE HANDY BOOK does not warrant that the functions
contained in these web pages or the Internet website
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 website is with client.
In no event will THE HANDY BOOK 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 website, even if
THE HANDY BOOK has been advised of the possibility of
such damages. If any provision of this agreement shall
be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from this
agreement and shall not affect the validity and
enforceability of any remaining provisions.
8. Copyrights and
Trademarks. The
client represents to THE HANDY BOOK and unconditionally
guarantees that any elements of text, graphics, photos,
designs, trademarks, or other artwork furnished to THE
HANDY BOOK 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 THE HANDY BOOK and
its subcontractors from any claim or suit arising from
the use of such elements furnished by the client.
9. Laws Affecting
Electronic Commerce. From
time to time governments enact laws and levy taxes and
tariffs affecting Internet electronic commerce. The
client agrees that the client is solely responsible for
complying with such laws, taxes, and tariffs, and will
hold harmless, protect, and defend THE HANDY BOOK and
its subcontractors from any claim, suit, penalty, tax,
or tariff arising from the client's exercise of Internet
electronic commerce. Client agrees not to send any Spam
email.
10. Payment of fees .
In order for THE HANDY BOOK to remain in business,
payments must be made promptly. Delinquent bills will be
assessed a $1,500 charge if payment is not received
within 10 days of the due date. THE HANDY BOOK
reserves the right to remove web pages from viewing on
the Internet until final payment (including late
charges) is made. If an amount remains delinquent
30 days after its due date, an additional fee of $3,000
will be assessed and 15% penalty will be added for each
month of delinquency and the website will be "turned
off from public viewing with a Splash Page
stating that the web site is undergoing routine
maintenance. Any statement from the client that payment
will not be made in the future, then THE HANDY BOOK
reserves the right to "turn off " the web site at any
given time past the actual due date. If an amount
remains delinquent 60 days after its due date, all files
will be removed from the server and no duplication
rights or usage will be granted. In case collection
proves necessary, the client agrees to pay all fees
incurred by that process. Please pay on time. Please
note that hosting fee calculation will begin upon the
launching of the framework to the client’s domain name.
11. Ownership of Website.
Upon paying for ownership of your website (contract
price, all past due amounts and fees,
etc), one copy of the
website will be given to you within 7 business days by
email zipped (at the client's request only) at no additional
cost. Client websites, not hosting with us, will be
considered received when loaded to their domain name.
Additional request will result in a charge. The client
account must be in good standing and current before the
website is given to the client and the customer must
host their website with us for a minimum of 2 years
prior to receiving their
website zipped and emailed for free.
After two years of
hosting, administrative panels except the cpanel and
editing software within the cpanel such as the html
editor, etc will be given to the customer upon request
for free. Only one copy will
be given to the client upon written request from the
client. Additional copies will incur a cost.
Client has full ownership of domain name and website
once their account is in good standing.
12. Sole Agreement.
The agreement contained in this "Web Site Design
Agreement" constitutes the sole agreement
between THE HANDY BOOK, its subcontractors, and the
client regarding this website. 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 one month after anticipated
completion after all parties sign this contract and
contract is paid in full. Continued services after that
time will require a new agreement.
If the client halts work
and applies by registered letter for a refund within 30
days of signing this contract, to THE HANDY BOOK, The
Trade Centre,
Phone (876) 979-0771, work completed shall be billed at
the hourly rate stated above ($2,500 per hour), and
deducted from the refundable portion of the payment. The
balance of which shall be returned to the client. If, at
the time of the request for refund, work has been
completed beyond the amount covered by the initial
payment, the client shall be liable to pay for all work
completed at the hourly rate stated above. No portion of
the initial 50% deposit will be refunded unless THE
HANDY BOOK has not begun working on the site. No portion
of additional payments will be refunded unless written
application is made within 30 days of signing this
contract. No refund on Domain Registration Fee.
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