Internet Website Design Agreement
GM will begin work after Client’s approval of this Agreement and after receipt of the full payment as set forth below:
- Scope of Work.
Client desires that GM design a website (the “Project”) for Client in the Scope of Work reviewed with the client and incorporated herein by this reference.
- Work Schedule.
The estimated timeline for completion of the Project is set forth in the agreed upon Scope of work. In order to maintain the schedule it is critical that Client be reasonably available to communication with GM regarding the Project.
Client will nominate one individual (“Client Representative”) to have ultimate responsibility for the approval of the deliverables GM will create and present.
In the event that GM contacts the Client Representative regarding the Project and the Client Representative does not respond to GM within ten (10) business days, GM reserves the right, in its sole discretion, to postpone performance or to cease work on the Project and any payments. If GM ceases work, it will store any content developed for the Project for 60 days, after which time, GM shall be free to delete any content at its sole discretion.
- Revision Requests.
GM will provide one website design (inclusive of the home page and internal pages) and shall provide Client with two instances to provide revision requests to GM (“Revision Request”). Each Revision Request shall be made by the Client Representative and delivered to GM in writing providing specific details of said revisions. After GM has confirmed receipt of the Revision Request in writing, Client agrees to provide GM a reasonable amount of time to perform each Revision Request.
If, after two Revision Requests, Client wishes to make further modifications or alterations, Client shall pay GM $120.00 per hour for the additional modifications and alterations.
Client agrees to pay GM, in full, the amount stated in the Scope of Work, before GM commences any work on the Project.
- Project Accessibility.
Client acknowledges that the Project will not be launched on the internet, will not go live and will not be accessible until all of GM’s charges have been paid in full.
- Out-of Pocket Expenses.
Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, stock images, color printouts, laminating, illustrations, separations, shipping and handling, or other third party expenses related to the Project. Client acknowledges that such expenses shall only be charged if Client has approved them prior to the purchase.
- Nature of Content.
Client agrees to exercise due diligence in its direction to GM regarding preparation of content materials and must be able to substantiate all claims and representations. Client is responsible for all trademark, service mark, copyright and patent infringement clearances. Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials GM prepares in the scope of the Project. ERRORS & OMISSIONS. It is the Client Representative’s responsibility to check proofs, comps, and other deliverables carefully for accuracy in all respects, ranging from spelling to technical illustrations. GM is not liable for errors or omissions in materials approved by the Client Representative.
- Rights of Ownership.
The rights to all design and art work, including but not limited to printed or digital designs, photography, and or illustrations created by independent photographers or illustrators retained by GM, or purchased from a stock agency on your behalf, remain with GM. However once an entire project has been fully paid for by Client and delivered by GM, then GM will assign the reproduction rights of the design for the use(s) described in the Project. If no such specific uses are detailed in the Project, upon delivery, all rights to and ownership of the work are assigned to Client without reservation, except as follows:
GM reserves the right to photograph, digitally reproduce and/or distribute or publish for GM’s promotional and marketing needs and any work GM creates for Client, including mock-ups, screenshots, and comprehensive presentations, as samples for our website, portfolio, newsletter, brochures, slide presentations and similar media. Further, Client agrees and acknowledges that GM reserves the right to display the Client’s logo on GM’s website strictly for promotional and marketing purposes.
- Entire Agreement/Binding Effect.
This instrument and the attached Scope of Work constitute the entire agreement between the parties relating to the Agreement. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement will be of no force and effect unless it is in writing and signed by all parties. This Agreement shall bind and inure to the benefit of the parties to this Agreement and their employees, agents, representatives, heirs, personal representatives, successors, and assigns, except as otherwise provided in this Agreement.
- Governing Law.
This agreement will be interpreted in accordance with the law of the State of California.
This Agreement may be signed in any number of counterparts, each of which, when executed, will be deemed to be an original, and all of which will be deemed to be one and the same instrument. This Agreement may also be executed by delivery by facsimile or electronic mail in PDF format of an executed counterpart original of this Agreement. The parties hereto agree that the signature of any party transmitted by facsimile or electronic mail in PDF format with confirmation of transmission shall have binding effect as though such signature were delivered as an original and the parties hereby waive any defenses to the enforcement of this Agreement based upon the form of the signature.