SKJordan Web Designs Inc - Web Design Terms of Use

Web Design Terms of Service/Agreement

1. Authorization. You, (the client) is engaging SKJordan Web Designs, Incorporated, located at 7548 Preston Road #141 PMB 126, Frisco, TX 75034, 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 a web hosting service's computer. The client hereby authorizes SKJordan Web Designs, Incorporated to access this account, and authorizes the web hosting service to provide SKJordan Web Designs, Incorporated with "write permission" for the client's webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes SKJordan Web Designs, Incorporated to publicize their completed website to Web search engines, as well as other Web directories and indexes.

2. Website Design Elements. SKJordan Web Designs, Incorporated includes the following elements in their Web Design:

E-mail/phone consultation (Up to 1 hour total general Internet orientation education, marketing strategy, and Web design consultation. Telephone long distance charges are in addition to package rates quoted. Additional education and consultation is at our hourly rate.)
Words of text supplied by the client
Links to internal and external pages.
Custom Graphics Package. Top-of-page graphic for all other pages in your website. Colorful lines and bullets, and colored and textured background. Buttons as necessary.
Photos and other misc. graphic images supplied by client
Installation of webpages on the client's web hosting service.
Site submission to Yahoo and Google.
Contact link on each webpage.
Content of the webpages will be supplied by the client and executed as specified by the client in the "Website Design Worksheet”.

3. Maintenance and Hourly Rate. Hourly rate for all new custom design is $75.00 per hour. Rates for packages are designated as $500 for Standard Web Package and $900 for Platinum Web Package. After final completion, changes requested by the client will be billed at the hourly rate of $75.00 or by the rate according to the maintenance plan purchased. This rate shall also govern additional work authorized beyond the maximums specified above for such services as downloading of pages, editing text content, adding or removing images, uploading edited pages back to the server, adding links, email addresses, general Internet orientation education, marketing consulting and proofing edits. If the client or an agent other than SKJordan Web Designs, Incorporated attempts updating the client's pages, time to repair webpages will be assessed at the hourly rate of $75.00.

4. Changes to Submitted Text. Please send us your final text. Time required to make substantive changes to client-submitted text after the webpages have been constructed will be additional, billed at the hourly rate of $75.00.

5. Web Hosting. The client understands that any web hosting services require a separate contract with a web hosting service. The client agrees to select a web hosting service which allows SKJordan Web Designs, Incorporated full access to the website via FTP.

6. Completion Date. SKJordan Web Designs, Incorporated and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website. If the client does not supply SKJordan Web Designs, Incorporated complete text and graphics content all webpages contracted for within six 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 two months 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 advertised.

7. Payment of Fees. Fees to SKJordan Web Designs, Incorporated are due and payable on the following schedule for custom web design: 10 hour retainer fee deposit of 10 hours (equivalent to $750 + any applicable tax) upon signing this agreement, hourly deposit of $75 per hour as required throughout the design process, and final invoice with sales tax (if applicable) when the webpages have been constructed according to the client's original written specifications. In case the client has not secured Web space on a web hosting service by the time the webpages are completed, the webpages may be delivered to the client on diskette or attached to an e-mail message. For packages, 50% is deposit is due, 25% is due upon approval of template design, and remaining 25% is due once work is complete and prior to uploading website to client server. Listing the pages to Web search engines and updating any pages occur only after the final payment is made. All payments will be made in US funds.

8. Assignment of Project. SKJordan Web Designs, Incorporated reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

9. Legal Disclaimer. SKJordan Web Designs, Incorporated does not warrant that the functions contained in these webpages or the Internet website will meet the client's requirements or that the operation of the webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the webpages and website is with client. In no event will SKJordan Web Designs, Incorporated 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 webpages or website, even if SKJordan Web Designs, Incorporated 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.

10. Copyrights and Trademarks. The client represents to SKJordan Web Designs, Incorporated and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to SKJordan Web Designs, Incorporated for inclusion in webpages 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 SKJordan Web Designs, Incorporated and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

11. 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 SKJordan Web Designs, Incorporated and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

12. Copyright to Webpages. Copyright to the finished assembled work of webpages produced by SKJordan Web Designs, Incorporated is owned by SKJordan Web Designs, Incorporated. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. 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. SKJordan Web Designs, Incorporated and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

13. Payment of fees. In order for SKJordan Web Designs, Incorporated to remain in business, payments must be made promptly. 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. SKJordan Web Designs, Incorporated reserves the right to remove webpages 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 SKJordan Web Designs, Incorporated. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Dallas County, Texas, and any dispute will be litigated or arbitrated in Dallas County, Texas. Please pay on time.

14. Sole Agreement. The agreement contained in this "Website Design Contract" constitutes the sole agreement between SKJordan Web Designs, Incorporated 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 six (6) months after both parties sign this contract. Continued services after that time will require a new agreement.

15. Initial Payment and Refund Policy.
This agreement begins with an initial payment of $750.00 + any applicable sales tax for custom design or 50% deposit for web design packages. If the client halts work and applies by registered letter for a refund within 30 days, to the President of SKJordan Web Designs, Incorporated, 7548 Preston Road #141 PMB 126, Frisco, Texas 75034, phone (214) 432-5395, work completed shall be billed at the hourly rate stated above, 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.