AUTHORIZATION
The CLIENT is engaging PEAR MEDIA as an independent designer for the specific project of developing and/or improving a WEBSITE to be installed on PEAR MEDIA's web server pointing to the CLIENT''s WEBSITE. The CLIENT hereby authorizes the designer to access their account, and authorizes the web hosting service to provide PEAR MEDIA 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 PEAR MEDIA to publicize the completed WEBSITE to Web search engines, as well as other Web directories, indexes and to promote PEAR MEDIA with a link back and logo located on a visible but unobtrusive section of the WEBSITE.
DESCRIPTION OF PROJECT AND PROCESS
1. PEAR MEDIA will plan, code, and design a WEBSITE for individual or corporate use to the specifications required by the CLIENT. The CLIENT is required to either give exact specifications or have PEAR MEDIA do their best to meet the general requirements laid out by the client.
2. The estimate describe in this document is only referring to the site specifications given by the client at the time this document was printed. The date can be found on the bottom of this document. Additional work not included with this document will require further payment deemed necessary by PEAR MEDIA. If the WEBSITE requires revisions the CLIENT will be billed accordingly and a new invoice will be issued.
3. The process for the presentation of graphics consists of PEAR MEDIA providing drafts and asking for feedback from the CLIENT. The CLIENT then gives feedback or approves of the images being used as they are put in place. The estimate assumes 2 rounds of this process will suffice for image creation.
4. All content on the WEBSITE will be provided by the client for PEAR MEDIA to use. This content will be displayed as final drafts on the WEBSITE and should be pre-read and checked by the CLIENT before issuing for use with the WEBSITE. The content should be labelled depending on the placement that it is needed on the WEBSITE. For example, the" About Us" content should contain information about the individual or corporation and be labelled as such.
5. To maintain our own portfolio credentials and integrity, PEAR MEDIA, shall be entitled to place a credit with a hypertext link and logo to our WEBSITE in the footer on each page. PEAR MEDIA is also entitled to reproduce samples of the client's WEBSITE in our own portfolio and in our own marketing material.
COMPLETION DATE
PEAR MEDIA and the CLIENT must work together to complete the WEBSITE in a timely manner. We agree to work expeditiously to complete the WEBSITE within 14 days of contract date providing all content required to complete the project is passed along to PEAR MEDIA. Failure to provide content will void this due date. If the CLIENT does not supply PEAR MEDIA complete text and graphics content for all pages contracted for within 45 days of the date this contract was signed, the entire amount of the contract becomes due and payable.
ASSIGNMENT OF PROJECT
PEAR MEDIA reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion. PEAR MEDIA will bring to the attention of the client if any subcontractors will be used to work on the client's project and that subcontractor will be required to sign a non-disclosure agreement before any information is given and before any work is assigned to the subcontractor.
PRICE ESTIMATE AND PAYMENT ARRANGEMENTS
1. PEAR MEDIA will generate a single invoice for the complete amount due.
2. Payments will be as follows: A deposit of 50% of the complete amount is due upon the signing of this agreement before work begins.
3. Your on-going web hosting amount can be made monthly, quarterly, semi-annually or annually. Web hosting can be cancelled at any time. You will have hosting services for the amount paid. No refunds will be given.
4. The remaining web design balance is due within 7 days of WEBSITE completion. Completion meaning all content that is provided, added and approved by the CLIENT for the provided WEBSITE.
Payments can be made via check, cash, e-mail transfer or by credit card.
Delinquent bills will be assessed a 5% late charge if payment is not received within 15 days of the due date. If an amount remains delinquent 16 days after its due date, PEAR MEDIA reserves the right to remove the WEBSITE from viewing on the Internet until final payment is made. Any items created by PEAR MEDIA including logos, mock-ups, designs, and domain names remain in posession of PEAR MEDIA until the payment is paid in full by the CLIENT.
In case collection proves necessary, the CLIENT agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by PEAR MEDIA.
REFUND POLICY
If the CLIENT halts work and applies by paper letter for a refund within 30 days, to PEAR MEDIA, work completed shall be billed at half of the initial 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 $75.00 per hour. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.
LEGAL INFORMATION
PEAR MEDIA does not warrant that the functions contained in these web pages or the Internet WEBSITE will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and WEBSITE is with the CLIENT or hosting company provided to the CLIENT by PEAR MEDIA.
In no event will PEAR MEDIA 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 PEAR MEDIA 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.
Copyrights and Trademarks The CLIENT represents to PEAR MEDIA and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to PEAR MEDIA 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 PEAR MEDIA and its subcontractors from any claim or suit arising from the use of such elements furnished by the CLIENT. If no images are provided and PEAR MEDIA uses internet images, those images are to be approved and replaced at CLIENT's discression. PEAR MEDIA will not be liable for these images.
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 PEAR MEDIA and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT's exercise of Internet electronic commerce.
REVISIONS AND RE-WRITES
Changes requested by the CLIENT that are not included in this contract and / or project scope will be billed at an hourly rate of $75.00 per hour. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, web page design, editing, modifying product pages and databases in an on-line store, art, photo, graphics services, and helping the CLIENT learn how to use their own web page editor.
We allow for 1 major revision during the development of the project. Any revisions or additional requirements beyond the initial allowed revisions and requirements included in the project scope will be assessed and charged for at our hourly rate of $75.00.
All billable changes will be documented and brought to the attention of the CLIENT before any charges are accrued.
The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.
By signing this document, you are stating that you have read and agreed to all of the above in cooperation with PEAR MEDIA in production and deployment of the WEBSITE.
The CLIENT also agrees that if under any circumstances the CLIENT cannot afford to pay the remaining balance forfeit the deposit and will have everything designed by PEAR MEDIA revoked and the contract terminated until the CLIENT can pay the remaining balance in full.
All terms of this contract are contingent upon strike, accidents, or other causes beyond our control and are not bias.
