Standard Terms and Conditions
1. Authorization
1a. Assignment of Web Design Project. The above-named client is engaging OC Internet Advertising, a sole-proprietorship, located at 2101 Business Center Drive Ste 100, Irvine, CA, 92612, as an independent contractor for the specific project of developing and/or improving a web site to be installed on a web hosting service’s computer. The client (herein referred to as “Client”) hereby authorizes OC Internet Advertising to access this web hosting account, and authorizes the web hosting service to provide OC Internet Advertising with “write permission “ to any part of the hosting space. OC Internet Advertising reserves the right to assign subcontractors to this project (herein referred to as “Web Design Project”) to insure the right fit for the job as well as on-time completion.
1b. Use of Copyrights and Trademarks. The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to OC Internet Advertising for inclusion in the Web Design Project 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, indemnify and defend OC Internet Advertising and its subcontractors from any liability. This includes attorney’s fees and court costs, and including any claim or suite, threatened or actual, arising from the use of such elements furnished by the Client.
1c. Copyright to Web Site. Copyright to the finished, assembled work of the web site produced by OC Internet Advertising is owned by OC Internet Advertising until final payment of this contract, at which time copyright is transferred to the client. Copyrights 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. OC Internet Advertising and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
2. Development
2a. Content. Client agrees to supply all graphics and copy to be included. Text over 300 words will be supplied as a digital file. Graphic images will be supplied as digital files, preferably in Adobe PhotoShop, Macromedia Fireworks or TIFF formats. JPEG and GIF files may also be used but image quality will be lost if the files must be resized or edited. Graphic file resizing and conversion will be included in the total price of the Web Design Project. Image scanning or additional editing will incur additional charges of $15 per image. There will be no charge for spelling or grammatical corrections.
2b. Compatibility. Designing a web site to fully work in multiple browsers (and browser versions) can require considerable effort. It could also involve creating multiple versions of code/pages. OC Internet Advertising represents and warrants that the web site will work in Microsoft Internet Explorer version 6 and up, and in Netscape Navigator version 7 and up. While OC Internet Advertising will make reasonable efforts to design a fully functional web site, OC Internet Advertising’s warrantee does not cover other proprietary browsers or special effects not compatible with both Internet Explorer and Netscape.
2c. Accessibility for People with Disabilities. OC Internet Advertising’s policy on accessibility is driven by common standards, including the Web Accessibility Initiative (WAI). Without sacrificing quality and design, OC Internet Advertising is committed to building web sites that are available to all visitors. This includes adding “ALT” text to images for vision disabilities and sound amplifiers for the hearing impaired.
2d. Dynamic Content. Dynamic content includes features such as a floating navigation bar; navigation created without images, Cascading Style Sheets, Java, JavaScript and .NET technologies. In many cases, this type of technology is referred to as software development or application development, both of which can be patented and licensed, separate from the content and data it interacts with. OC Internet Advertising retains the right to patent and license all software and programming used during development. There will be no charge to the Client for such licenses or use of the programming. However, due to the extensive time it takes to develop such programming, there will be a charge of $50 per hour for all Dynamic Content requested by the Client.
2e. Database and Database Programming. OC Internet Advertising provides database creating and programming (queries or server scripting) as part of the Catalog and Shopping Cart services. However, there are many instances where the client may need a separate database, either to collect customer data, upload and track images (such as photos), or for many other specialized tools requiring a database. For those instances, OC Internet Advertising will charge a fee of $50 per hour for database design and programming. For all database-driven web sites, it is the Client’s responsibility to provide Security (such as SSL) on the web server to protect the integrity of the database and database transactions.
2f. Privacy. Any web page that obtains information from a user must have a Privacy Policy explaining why such information is being obtained. OC Internet Advertising is committed both to the Client and the clients and rights and responsibilities. A standard Privacy Policy will be used on all web sites created by OC Internet Advertising at no additional charge. However, if amendments or changes are to be made to the Privacy Policy, an additional charge of $50 per hour will be billed to the Client.
2g. Change Orders. After completion of the Web Design Project, the Client will need to sign-off on the work completed and the contract will be closed. If after the closure of the contract, the Client decides to make major changes to the web site, they must submit a Change Order. The change order will include detailed information about what is to be changed or added. Any services requested outside the scope of this agreement will have an additional charge of $50 per hour applied.
2h. Web Site Maintenance. This agreement allows for minor web site maintenance to pages for the lifetime of the web site, so long as the Client retains OC Internet Advertising as their sole provider of web site development and maintenance. Minor changes include updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all of the text from a page with new text or adding additional features or programming, or repairs of attempted updates by the Client. This service is available from the date the Client’s web site is available to be published to the Client’s hosting service.
3. Fees and Payment Schedule
3a. Services. A list of fees associated with this contract can be found online at http://www.ocinternetadvertising.com/signup.html and will also be included in the confirmation e-mail.
3b. Additional Services. Additional services will be detailed outside of this contract. Such services include special programming, designing, database development, and other. All additional development services will have a standard fee of $50 per hour applied, and shall be indexed and initialed by both the Client and OC Internet Advertising.
3c. Consultation. Consultation includes the time used for OC Internet Advertising to acquire content and information from the Client. Consultation is $100 per hour. Change orders, additional feature updates, and service inquiries relating to web hosting and marketing are not subject to consultation fees.
3d. Breach of Contract Fees. In case of Client contract breach, OC Internet Advertising reserves the right to obtain full compensation of work completed and compensation for managing administrative services.
3e. Payment Schedule. OC Internet Advertising recognizes the financial impact of advertising and will work with the Client as much as possible. OC Internet Advertising offers “No Interest Financing” to Clients who are unable to pay in full. The “No Interest Financing” plan is contingent on a 10% Good Faith down payment and the remainder is payable in 12 monthly installments. OC Internet Advertising will invoice the Client at least 15 days before payment due dates, and there is a 10-day grace period on all payments. Separate features that are payable for hours worked, will be billed separately and are due within 30 days from the Invoice Date.
3f. Term of Contract. All prices specified in this contract will be honored for one year after both parties sign this contract. After one year, the contract may be extended on a month-to-month basis or terminated by either party. At the time of termination, OC Internet Advertising will provide the client with a CD containing all html and image files needed by the client in order to relocate the site.
3g. Refund Policy. If the client halts work and applies by registered letter for a refund within 30 days, to the Director of OC Internet Advertising, Steve Wiideman, 2101 Business Center Drive, Ste 100, Irvine, CA, 92612, work completed shall be billed at the hourly rate of $50 per hour, and deducted from the initial payment, the balance of which shall be returned to the client. If at the time of 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 of $50. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.
3h. Total Price. The Total Price does not include special features or site additions, which are payable by the hour and billed separately. The total price of this contract, not including hourly fees, as agreed to by OC can be located on the Paypal shopping cart.
4. Completion
4a. Completion. OC Internet Advertising and the client must work together to complete the web site in a timely manner. If the client does not supply OC Internet Advertising with the complete text and graphics content required for the web site contracted within six weeks of this contract being signed, an additional fee of $15 per week will also be assessed each week until all necessary content is received. This fee is non-refundable.
5. Legal Notices
5a. Warrantees. OC Internet Advertising will perform said services in a professional, competent and timely manner; and that its performance of this Contract shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws.
5b. Controls. The Client will not determine or exercise control as to general procedures or formats necessary to have these services meet the Client’s satisfaction. The Client represents and warrants to OC Internet Advertising that it will provide Client materials as required in a professional, competent, and timely manner; that it has the power to enter into this Contact on behalf of the Client; and that its performance of this Contract shall not infringe upon or violate the rights of any third party or violate any federal, state or municipal laws.
5c. Liability. OC Internet Advertising does not guarantee that the functions contained in the web pages or the web site will meet the Client’s requirements or that the operation of the web site will be uninterrupted or error-free. The entire risk as to the quality and performance of the web site and pages therein is with the Client. In no event will OC Internet Advertising be liable to the Client or any third party for damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if OC Internet Advertising has been advised of the possibilities of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed separate from this agreement and shall not affect the validity and enforceability of any remaining provisions.
5d. Electronic Commerce Laws. The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect and defend OC Internet Advertising and its subcontractors from any claim, suit, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
6. Project Delivery
6a. Implementation. The final Web Design Project will be published to the Client’s hosting service or to physical media upon receipt of final payment or agreed upon down payment. The Client understands that OC Internet Advertising is a full content provider and may be offered a service plan to accommodate web server and marketing needs, but the Client is under no obligation to subscribe or participate in any of these services. Hosting and marketing services do require a separate contract and choosing a provider is solely the Client’s choice. Whether the Client chooses OC Internet Advertising or a third party, the Client agrees to select a hosting service which allows OC Internet Advertising full access to the Client’s account via FTP (File Transfer Protocol). The Client will be solely responsible for any all hosting service charges.
6b. Sole Agreement. The agreement contained in this “Web Design Contract” constitutes the sole agreement between OC Internet Advertising 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 one (1) year after both parties sign this contract. Continued services after that time will require a new agreement.