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Peter Conrad Cumminsky, CONSULTANT mailto:peterconrad@hotmail.com

Web Page Design and Maintenance Agreement

[ Web Site Planning Worksheet ][ Web Page Content Worksheet ][ Web Rates & Services ]

Company/Client: __________________________________________ 

Address: ________________________________________________

_______________________________________________________

City: ____________________ State: __ ZIP: _____ Country: _____

Contact Person: __________________________________________ 

Phone: ______________________ FAX: ______________________

E-mail address: __________________________________________

Present WWW URL (if any): ________________________________

Username: ________________ Password: ________________

My goal is to satisfy you, the client. One way to do this is to make a clear agreement with each other on our responsibilities. Below are the terms of our agreement together:

1. Authorization. The above-named client is engaging Peter Conrad Cumminsky, a sole proprietor, located at 15660 Callayomi St., Ste. 1, Middletown, California, 95461, 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 the client's Internet Service Provider's computer. The client hereby authorizes Peter Conrad Cumminsky to access this account, and authorizes the Internet Service Provider to provide Peter Conrad Cumminsky 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 Peter Conrad Cumminsky to publicize their completed Web site to Web search engines, as well as other Web directories and indexes.

2. Basic Web Page Elements. Peter Conrad Cumminsky includes the following elements in the "Basic Web Page":

Standard Header Element. A header formatted as in the "Yale Center for Advanced Instructional Media WWW Style Manual" on the Internet at http://info.med.yale.edu/caim/manual/pages/page_design.html, including a Top-of-Page graphic, incorporating client's company logo, if supplied by the client on a high-density diskette formatted for IBM-PC or Macintosh, on all pages in clients Web site.
Body Text Element. Words of text supplied by the client in Rich Text Format on a high-density diskette formatted for IBM-PC or Macintosh. Web pages of more than 1,000 words of text may be subject to additional fees, especially if they require a great deal of formatting. Also color-coordinated rules, lines and bullets with background graphic and/or color background from a standard palette of the so-called "Netscape Safe Colors" selected by the client from a page on the Internet at http://webtaming.netfirms.com/shopm1/biz/taming/images/palette.gif.
Standard Footer Element. A footer formatted as in the "Yale Center for Advanced Instructional Media WWW Style Manual", including a text Navigation Bar to clients main section pages of up to 5 local pages.

3. Additional Web Page Elements. Peter Conrad Cumminsky will create the following "Additional Web Page Elements" for additional compensation as specified in Peter Conrad Cumminsky's "Web Rates & Services" sheet available from the Internet at http://webtaming.netfirms.com/shopm1/biz/taming/webrates.html:

Graphic Elements. Graphics, link and navigation buttons/bars, photo's, sound clips and music files, video clips, animation, etc., supplied by client to be included on client's Web pages.
Link Elements. Hyper-Links to external pages (not on client's Web site.)
CGI (Forms) Elements. CGI Forms and additional programming such as autoresponders, databases, guestbooks, feedback and survey forms, etc., to be included on, or used by, client's Web pages.
Image Map Elements. Client-side or server-side Image Maps for internal navigation.
Programming Elements. Programming such as JavaScript, Java, or other programming languages, to be included on, or used by, client's Web pages.

4. Basic Web Site. The "Basic Web Site" consists of no more than 5 "Basic Web Pages" composed of the 3 elements specified in (2.) above. It also includes the following items:

Site Design Consultation. Up to 1 hour Web site design consultation by E-Mail, telephone, or in person. Telephone long distance charges and design consultation beyond 1 hour are charged as stated in Peter Conrad Cumminsky's "Web Rates & Services".
Content. Content of the "Basic Web Pages" supplied by the client and executed as specified by the client in the "Web Site Planning Worksheet".
Initial Web Site Installation & Maintenance. Installation of up to 5 "Basic Web Pages" on the client's ISP host computer including minor updates and changes to client's existing Web pages for 30 days from time of installation.
Initial Web Site Promotion. Initial Promotion includes submission to 9 Search Engines(Alta Vista, Excite, HotBot, Infoseek, Lycos, OpenText, WebCrawler, What-U-Seek, and the WWW Worm), 6 General Directories(Appolo, Galaxy, InfoSpace, Magellen, New Riders Yellow Pages, and Yahoo), and 3 Announcement Sites(Net Happenings, What's New on the Internet, and What's New Too). Initial promotion will commence on receipt of the final payment.

5. Basic Web Site Prices. Notwithstanding any prices listed in literature or on Web pages, the client and Peter Conrad Cumminsky agree that the services described in this contract for a "Basic Web Site" shall be completed for $105.00 and shall include no more than 5 "Basic Web Pages" as described in (2.) above.

If any Additional "Basic Web Pages" beyond the original number of pages specified above, or any "Additional Web Page Elements" are requested by the client, the client agrees to pay Peter Conrad Cumminsky an amount for each additional Web page as computed from Peter Conrad Cumminsky's "Web Rates & Services" sheet for each additional service or page. Where custom graphic work or CGI programming is requested, it will be billed at the hourly rate specified in Peter Conrad Cumminsky's "Web Rates & Services" sheet.
This agreement includes minor Web page maintenance to regular Web pages over a 30-day period, including updating links and making minor changes to a sentence or paragraph. It does not including removing nearly all the text from a page and replacing it with new text. If the client or an agent other than Peter Conrad Cumminsky attempts updating the client's pages, time to repair Web pages will be assessed at the hourly rate, and is not included as part of the updating time. The 30-day maintenance period commences upon the date the final payment (below) is made. Changes requested by the client beyond those limits will be billed at the hourly rate of $50.00. This rate shall also govern additional work authorized beyond the maximums specified above for such services as marketing consulting, Web page design, editing, modifying product pages and databases, and art, photo, and graphics services.
Peter Conrad Cumminsky and the client must work together to complete the Web Site in a timely manner. We agree to work expeditiously to complete the Web Site no later than 30 days from receipt of page content. To avoid additional fees the client must supply Peter Conrad Cumminsky the complete text and graphics content for the Web site within 30 days.

6. Special Instructions. The space below describes any changes the client desires from the services outlined above:

7. ISP. The client understands that any Internet Service Provider (ISP) services require a separate contract with the ISP of the client's choice. The client agrees to select an ISP which allows Peter Conrad Cumminsky full access to the Web site and a cgi-bin directory via FTP and telnet. The client further understands that if the ISP's operating system is not a Unix or OS/2 system, the CGI supplied might not work, and modifications to accommodate the ISP's host computer system will incur additional charges.

8. DNS. The client understands that any Domain Name Services (DNS) require a separate contract with the ISP of the client's choice. Domain Names in common use are received from InterNIC which charges an initial fee of $100.00 for 2 years and $50.00 per year afterward. The clients may incur additional charges from their ISP for the processing and setup of DNS. All such charges are the responsibility of the client.

9. Payment of Fees. Payments shall be made by the client to Peter Conrad Cumminsky on the following schedule:

An initial payment of 1/3 of the total before work is commenced.
An additional 1/3 of the total on acceptance of the the design by the client.
The final 1/3 of the total on completion of the installation and before any promotion of the client's Web site. The final payment shall reflect and include all elements actually completed at the prices attached.

If the total amount of this contract is $350 or less, 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 or attached to an e-mail message. 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. If the client does not supply Peter Conrad Cumminsky complete text and graphics content all Web pages contracted for within 2 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 30 days after signing of this contract, an additional continuation fee of 15% of the total contract price will also be assessed each month until the Web site is advertised.

Payments must be made promptly, in order for Peter Conrad Cumminsky to remain in business. 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. Peter Conrad Cumminsky 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 Peter Conrad Cumminsky. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Lake County, California, and any dispute will be litigated or arbitrated in Lake County, California. Please pay on time.

If the client halts work and applies for a refund within 30 days, to Peter Conrad Cumminsky, P.O. Box 1415, Middletown, CA 95461, phone (707) 987-9484, work completed shall be billed at the hourly rate of $50.00, and deducted from 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 the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.

10. Assignment of Project. Peter Conrad Cumminsky reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

11. Warranty. Peter Conrad Cumminsky 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 Peter Conrad Cumminsky 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 Peter Conrad Cumminsky has been advised of the possibility of such damages.

12. Copyrights and Trademarks. The client represents to Peter Conrad Cumminsky and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Peter Conrad Cumminsky 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 Peter Conrad Cumminsky and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

13. 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 Peter Conrad Cumminsky and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

14. Copyright to Web Pages. Copyright to the finished assembled work of Web pages produced by Peter Conrad Cumminsky is owned by Peter Conrad Cumminsky. Upon final payment of this contract, the client is assigned rights to use as a Web site the design, graphics, and text contained in the finished assembled Web site. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Peter Conrad Cumminsky and his subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

15. Sole Agreement. The agreement contained in this "Web Site Design and Maintenance Agreement" constitutes the sole agreement between Peter Conrad Cumminsky 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 3 months after both parties sign this contract. Continued services after that time will require a new agreement.

The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.

On behalf of the client:

_______________________________________ Date ________________

On behalf of Peter Conrad Cumminsky

_______________________________________ Date ________________

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Created: Thursday, September 25, 1997 - 10:11:15 PM
Last Updated: Tuesday, September 30, 1997 - 09:31:40 PM