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WORD Business Design, LLC - dba WORD Web Design
Copyright © 2010, All Rights Reserved
Client Consulting Agreement and Contract
This Agreement is made this ____ day of ___________ 20 ___ by and
between ________________________________________________
[hereinafter referred to as
"Client"],
and WORD Business Design, LLC [hereinafter referred to as 'WBD'].
1. Consulting Services: Service to be performed by WBD for the
CLIENT shall include: web page design and maintenance, web hosting, graphic
design, photography, copy writing and other duties specified by the CLIENT.
2. WBD Compensation, CLIENT shall pay WBD at its office in Portland
Oregon, for its services as follows;
i) For web design and maintenance services, graphic design, photography,
copy writing, and other agreed upon services, the CLIENT agrees to pay
an hourly fee of seventy-five dollars ($75.00).
ii) Expenses for CD media, magnetic media (disks), domain name registration.
iii) Expenses for long distance telephone calls and travel attributable
to the CLIENT, will be billed at WBD's estimated cost ($0.55/mile). Reasonable
travel expenses for CLIENT-approved travel is also billable including
overnight motel room rental costs and meals not to exceed $150 per day.
Travel time, after the first two hours of any trip, is billed at half
of the hourly rate in 2(i).
3. Billing. WBD usually bills on a monthly basis for work performed,
and a quarterly basis for web hosting. Prepayment, or a deposit may be required for new customers or problem accounts.
4. Terms. Terms of payment are net 20 days. Accounts over thirty
days shall be subject to a charge of 1.5% per month (18% APR) on the
unpaid balance. Accounts past due are subject to interruptions in services
(web site and e-mail hosting) and a $25 re-connection fee.
5. Materials and Ideas. All CLIENT supplied photographs, graphics,
designs and design elements remain the exclusive property of the CLIENT.
WBD will take reasonable care of all materials entrusted to it on behalf
of CLIENT and shall return them to CLIENT upon request and upon expiration
or termination of this AGREEMENT, but in absence of gross negligence on
the part of WBD or willful disregard by WBD of the CLIENT's property
rights, WBD will not be held responsible for any loss, damage, destruction
or unauthorized use by others of such property. While WBD takes great
care in the handling of all materials left in its care, CLIENT agrees
to provide only expendable, duplicate materials (e.g. slides, photos,
artwork) for processing and scanning.
6. Confidential Information. WBD is under a duty to disseminate
or use for its purposes, either during or after termination of this contract,
any confidential information imparted to it by the CLIENT, and is under
the duty to use reasonable care to restrict dissemination of such information
on a 'need to know' basis. Confidential information in regard to these
contractual obligations shall mean any information imparted to the WBD
by CLIENT in writing and designated thereon as "Confidential Information."
7. Express Warranty Against Intellectual Property Infringement.
CLIENT warrants that all materials, including photographs, logos, and
designs delivered to WBD under this agreement shall not infringe on the
copyright, patent, trademark or trade secrets of any third party.
8. Indemnification. CLIENT will indemnify and hold WBD, and its
employees harmless against any liability, loss, damage or cost (attorney's
fees) arising out of any claim, suit or proceeding based on any action
taken by WBD on behalf of the CLIENT.
9. Termination. This AGREEMENT shall continue indefinitely, at
will, until terminated by either party upon written notice mailed or delivered
to the other party. The rights, duties, and responsibilities of the parties
shall continue in full force until notice is received. After notice is
received, the AGREEMENT is terminated. No rights or liabilities shall
arise out of this relationship in respect of unfinished work, regardless
of any future plans for this work; PROVIDE, however, that the WBD shall
be entitled to reimbursement of costs incurred and payment of services
rendered prior to expiration of such notice.
10. Objectionable Materials. CLIENT agrees to abstain from posting
objectionable material, as determined by WBD, on web sites hosted or designed
by WBD.
11. Entire AGREEMENT. The agreement supersedes any other agreements,
either oral or in writing, between the parties hereto, and contains all
the covenants and AGREEMENTS between the parties hereto. Any modification
of this AGREEMENT will be effective only if it is in writing by the party(ies)
to be charged.
"WBD"
By: Randy Word
WORD Business Design, LLC
Signature __________________________________________
Date: ______________________________________________
"CLIENT"
By: ________________________________________________
Name: _____________________________________________
Title: _______________________________________________
Signature: __________________________________________
Date: ______________________________________________
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