Web Site Design Project Policy
Includes (but not limited to) any of the following: Webpage Design, Website Design, Web Site / Page Re-Design, Search Engine Optimization, Shopping Carts, Forms, Web Development, Web Database, Payment Systems etc.
Any Client (hereinafter referred to as " Client ") engages Mountain Top Computer Shop Inc. , as an independent contractor for the specific purpose of designing a World Wide Web site (herein after referred to as " Web Design Project ") to be published on the Client's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, herein after refer to as " Hosting Service ", or provided on diskette at the Client's option. The Client hereby authorizes Mountain Top Computer Shop Inc. Web Design team to access this account, and authorizes the Hosting Service to provide Mountain Top Computer Shop Inc. Web Design team and its designer, MTCS, with "full access" to the Client's account, and any other programs needed for this Web Design Project that are included as part of the Client's service agreement/level.
2. Development. Compatibility - Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Mountain Top Computer Shop Inc. represents and warrants that the web site we design for you will work in:
- Microsoft® Internet Explorer versions 5 and up
- Netscape Navigator/Communicator version 4 and up
While Mountain Top Computer Shop Inc. Web Design team will make reasonable efforts to design a fully-functional web site, Mountain Top Computer Shop Inc. Web Design's warrantee does not cover AOL, text-based browsers or requested special effects that we have advised you against.
- Accessibility for People with Disabilities – Mountain Top Computer Shop Inc. Web Design standard is to meet at least half the currently recommended guidelines set forth by the Web Accessibility Initiative (WAI) for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.
3. Assignment of Web Design Project.
Mountain Top Computer Shop Inc. Web Design reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion.
4. Copyrights and Trademarks.
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to MTCS and/or Mountain Top Computer Shop Inc. Web Design team 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 MTCS and Mountain Top Computer Shop Inc. Web Design team and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
5. Web Site Maintenance.
This agreement allows for three web site maintenance revisions to the body (not the template or backbone) of the pages for the first month after launching live (accessible from the Internet) of your web site, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guestbooks, discussion webs, navigation structure changes, repairs of attempted updates by Client. This service is available from the date the Client's web site is available to be published to our hosting service only. Major page code and/or graphics changes and additions will be charged at the hourly rates.
6. Completion Date.
Mountain Top Computer Shop Inc. Web Design team and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project no later than 30 days after Client has submitted all necessary materials, not including scope changes. If the Client does not supply Mountain Top Computer Shop Inc. Web Design team with complete text and graphics content for this Web Design Project within 45 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by Mountain Top Computer Shop Inc. Web Design team as liquidated damages and the contract shall become null and void, at Mountain Top Computer Shop Inc's discretion.
7. Project Delivery.
The final web site design project will be published to the Client's hosting service upon receipt of final payment or delivered via diskette upon the receipt of full payment. The Client understands that Mountain Top Computer Shop Inc. Web Design team does provide hosting services at an additional cost in connection with this Web Design Contact. Hosting services require a separate contract with MTCS or the hosting service of the Client's choice. The Client will be solely responsible for any and all hosting service charges.
- Publishing by Mountain Top Computer Shop Inc. Web Design:
1) There is no charge to publish the site if the hosting service is UNIX based and does not have FrontPage® extensions installed.
2) If the hosting service has FrontPage® extensions installed and the extensions are not configured correctly to support publishing/FrontPage®98 functionality, Mountain Top Computer Shop Inc. Web Design charges at its then hourly rate for the effort involved to resolve whatever problems may arise.
- Delivery via Diskette:
The Client assumes all responsibility for the use and functionality of the Web Design Project.
8. 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 MTCS and Mountain Top Computer Shop Inc. and its subcontractors from any claim, suit, penalty, tax, fine, 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.
9. Web Design Project Copyright.
Copyright to the parts and designs produced by the client remains with the client. Rights to source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Mountain Top Computer Shop Inc. and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. All Web Design Projects will contain a copyright/legal statement with a link to Mountain Top Computer Shop Inc. Design Services Web Site.
10. Payment Schedule.
Payment for services provided hereby shall be made in accordance with the conditions contained in our policy. Notwithstanding any prices listed in literature or on Web pages, the Client and Mountain Top Computer Shop Inc. agree that the services described in this policy, and the Package Price, shall be completed for $85.00 per page (not including shopping cart coding which is additional). The Client agrees to pay to Mountain Top Computer Shop Inc. an initial, non-refundable deposit of 50% of the estimated total cost upon execution of any agreement. If the total amount is less than $300, the full sum shall be paid upon signing this agreement. Final payment is due prior to publication and/or delivery of the Web Site Design Project. All amounts must be in U.S. Dollars. Advertising the pages to Web search engines and updating will occur only after the final payment is made. If customers do not respond to communications from MTCS for more than 60 days, the project may be considered "abandoned" and payment will be surrendered in full.
Payments must be made promptly based on the terms of this Web Site Design Project. Mountain Top Computer Shop Inc. reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred by that process. Regardless of the place of this agreement, the Client agrees that for purposes of venue, this agreement was entered into Greene County, New York, and any dispute will be litigated or arbitrated in into Greene County, New York and the Client hereby consents to the personal jurisdiction of the NY State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. Adding of Meta Tags or rendering the site "live" and "online" and the submission of the Web Design Project to Web search engines and updating occur only after the full final payment is made. All payments will be made in U.S. Dollars.
12. Legal Notice.
Notwithstanding anything to the contrary contained in this policy, neither Mountain Top Computer Shop Inc. nor any of its employees or agents, warrant that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will MTCS and/or Mountain Top Computer Shop Inc. be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor's computer or Internet software, even if Mountain Top Computer Shop Inc. has been advised of the possibility of such damages.
13. Web Design Contract Components. Mountain Top Computer Shop Inc. includes the following components in this Contract:
Design Consultation. Contractor will meet with Client to discuss goals and
purpose of site, graphical and textual layout and design of site, and completion of
planning worksheet, including scheduling task completions. Consultation may be
in person or on the phone. Any long distance telephone charges are not included
and will be separately billed. Additional consultation visits will also be charged at an
Web Site Content. Web site content will be supplied by Client, unless otherwise
specified. The design will follow the layout set forth in the design planning
worksheet. This Web site includes up to a certain number of pages. Additional pages will be
billed at the hourly rate of $85.00 as billed in fifteen-minute increments after the first hour.
Textual Content. Text is to be supplied by Client. If text is not supplied already
typed by Client, there will be a 200 word-per-page maximum allowed for the
body of the page. Please note that individual Web pages which exceed 1,200
words of text in the body may be subject to additional fees, if extra formatting is
required. Contractor does not recommend pages exceeding this limit.
Links. Contractor will add links to external sites and pages when appropriate, at
request of Client.
Graphical Content. Each page to contain company logo, to be provided by
Client. (If Client has no logo, Mountain Top Computer Shop Inc. can provide such services under separate contract.) Other graphics can include:
o Color layout and scheme.
o Matching lines and bullets.
o Colored and textured background.
o Photos supplied by client, up to two per page.
o Navigation buttons and effects.
o Illustrative graphics, limited to two per site.
o Conversion of up to five short documents (not to exceed three pages) into
PDF files and links to document. This does not include formatting of
o Other content supplied by Client. Content which requires major editing
and formatting will be billed at an hourly rate of $85.00. MTCS Web
Design shall decide if this editing is necessary.
Upload of Web pages to Client's Web hosting server.
Minor updates and changes. After Web site is launched, Mountain Top Computer Shop Inc. will provide one month of minor updates and changes up to three revisions. These changes include simple text editing, up to four lines per month, updating links, and simple color
changes which do not require reformatting or re-editing. Mountain Top Computer Shop Inc. shall decide if reformatting or re-editing is necessary. Not included are creating
and reformatting pages, creating new graphics, redesign of navigation, layout or
style, replacing all text from a page, etc.
Major updates and changes. After Web design worksheet is completed and
signed, any additional major changes and updates (i.e., changes to layout and
design, alteration of graphics, etc.) will be billed at $85.00 per hour as billed in
14. E-mail. Response links on each Web page to any E-mail address the client
designates. (Contractor is available to set up E-mail addresses on individual PC’s
at hourly rate of $85.00 per hour, minimum one hour.)
15. Post-launch additions. The addition of Web pages, graphics, photos and any other
large files will be billed at the hourly rate of $85.00 as billed in fifteen-minute
16. Maintenance and Hourly Rate. Outside of the one-month period of minor
maintenance, Mountain Top Computer Shop Inc. is not responsible for any regular maintenance to Client site. Client can elect to sign an annual maintenance agreement with MTCS Web Design for such changes. If Client or an agent other than Mountain Top Computer Shop Inc. attempts updating 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. Services such as repair to Web page damaged by Client or others, tutoring and training of personnel (i.e., in how to use Web design editing software), marketing consultation, advertising site, or adding additional components not laid out in contract (such as ecommerce, database, etc.), will be billed at Mountain Top Computer Shop Inc.’s appropriate hourly rate.
17. Submitted Content. Contractor will endeavor to meet specified deadlines laid out in
the design planning worksheet. Client will be bound to the dates set out there. Please
make every effort to submit completed content and approvals by agreed-upon deadlines.
Contractor will not be held responsible if target launch date cannot be met due to late
submission of materials by Client. Any excessive alterations required for Client-provided content after pages are constructed will be billed at Contractor’s hourly rate of $85.00 as billed in fifteen minute increments. Contractor will not be held responsible if Client-submitted content contains errors.
18. Web Hosting. The client understands that any web hosting services require a separate
contract with us or a web hosting service. The client agrees to select a web hosting service
which allows Mountain Top Computer Shop Inc.
19. Client Website Package
This Website includes a certain number of Web pages. The final content of and specifications for the Web pages will be provided to MOUNTAIN TOP COMPUTER SHOP Web Page Design by the client within (30) business days of final acceptance of the project and will be executed accordingly.
In case the client desires additional standard Web pages beyond the original number specified above, the client agrees to pay MOUNTAIN TOP COMPUTER SHOP Web Page Design $85.00 for each additional Web page.
Where custom graphic work (beyond the scope of the "Custom Graphics Package" detailed above) is requested, it will be billed at the hourly rate specified in this contract.
It is understood that the total price calculated might vary if there are more, less, or different photos, more or fewer Web pages, or other elements requiring special handling that are subsequently requested and added to the final site by MOUNTAIN TOP COMPUTER SHOP Web Page Design.
The final payment shall reflect and include all elements and additional work authorized by the client beyond the maximum specified above.
20. Changes to Submitted Text
Time required to make substantive changes to client-submitted text after the Web pages have been constructed will be billed at the hourly rate of $85.00. It is, therefore, important for the client to send final text.
21. Initial Payment and Refund Policy
If the client halts work and applies, by registered letter to MOUNTAIN TOP COMPUTER SHOP Web Page Design, for a refund within thirty (30) days following the initial payment, work already completed will be billed at the hourly rate of $85.00 and deducted from the initial payment. The balance will be returned to the client.
22. This Agreement.
This agreement constitutes the sole agreement between Mountain Top Computer Shop Inc. and the Client regarding this Web Design Project. . All prices specified in this contract will be honored for 1 month after both parties sign this contract. Continued services after that time will require a new agreement.
The client hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business.
This Agreement constitutes the entire understanding of the parties doing business with MTCS.