This contract is a sample only and can be adjusted for
specific projects as necessary. if you have any questions about
the design contract please don't hesitate to contact us.
CLIENT INFORMATION:
(Client information here)
PROJECT SPECIFICATIONS:
(Project specifications here)
TERMS OF AGREEMENT
1. Project. The above-named client (hereinafter referred to as “client”)
is engaging PhotoSynthesis Communications for the specific project of
designing/redesigning the client’s web site and/or other promotional or
informational materials (hereinafter referred to as the "project"), as
detailed in the above project specifications. Additions or substantial
changes to the project specifications must be agreed upon in writing by
both Photosynthesis Communications and the client.
2. Payment of Fees. A deposit of 50% ($______________) of the total
estimated project cost of $__________ shall be remitted upon signing
this contract. Upon completion of the project the client will be billed
for the total project cost which is not to exceed 110% of the estimated
cost and which will be due fourteen (14) days from when the project is
delivered to the client. Project cost only covers the services
specifically set out iin the project specifications and specifically
does not include domain name registration, web hosting, payment
gateway, shopping cart, SSL, or credit card processing service fees. If
PhotoSynthesis Communications is unable to complete the project for
reasons unrelated to the cooperation of the client and beyond the
client’s control the 50% deposit will be refunded to the client.
3. Completion Date. PhotoSynthesis Communications and the client must
work together to complete the project in a timely fashion. Although it
is impossble to unconditionally guarantee a fixed completion date, we
agree to work expeditiously to complete the project by
_____________________.
4. Laws and Regulations. PhotoSynthesis Communications will endeavor to
inform the client of any laws or regulations that are applicable to the
project, but the client agrees that the client is solely responsible for
complying with all applicable laws and regulations covering the use of
the internet and their internet web site.
5. Project Copyright. Upon completion of the project copyrights to the
graphic images created for and used on the web site or promotional or
informational materials will be transferred to the client. All web page
source code and all source code for web site elements such as CGI
programs or other server side or client side programs will remain the
property of PhotoSynthesis Communications or its employees and will be
licensed for use on the client’s web site.
6. Promotional Usage. PhotoSynthesis Communications reserves the right
to use graphics and/or other elements from the project in our portfolio
and other promotional materials.
7. Copyrights and Trademarks. The client represents to PhotoSynthesis
Communications and unconditionally guarantees that any elements of text,
graphics, photos, designs, trademarks, or other artwork furnished to
PhotoSynthesis Communications for inclusion in web pages or other
promotonal or informational materials 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 PhotoSynthesis
Communications and its employees and associates from any claim or suit
arising from the use of such elements furnished by the client.
8. Performance Liability. Due to the nature of the Internet,
PhotoSynthesis Communications cannot and does not warrant that the
functionality of the client’s Internet web site will be uninterrupted or
free from errors. The entire risk as to the performance of the web site
is with client. In no event will PhotoSynthesis Communications 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 PhotoSynthesis Communications has been
advised of the possibility of such damages.
The undersigned agrees to the terms of this contract on behalf of his or her organization or business.
On behalf of the client:
_____________________________________
Date ________________
On behalf of PhotoSynthesis Communications:
_______________________________________
Date ________________