Alart Design, will plan, design, and code a web site for the individual or corporation, referred to in this document as "Client", to the specifications received from Client.
The estimate covers only that which is described by Client. Additional work will result in additional charges. Additional work is defined as the addition of pages, graphics, or other significant features, any graphic, page design, or actual page requiring more than two rounds of revisions, revisions to text content provided ready for publication, changes to elements which have been finalised, or significant changes in plan, scope, or direction of project. In this case, Client will be provided with a written CHANGE ORDER including an estimate for the additional work.
The process for the creation of visuals, such as graphics and page designs, consists of Alart Design providing drafts and asking for feedback from Client; the feedback is then used to produce another draft. This estimate assumes that 2 rounds of this process for each design element will suffice.
Text content will be provided by Client as final drafts ready for publication and in digital form. Graphic content will be provided by Client in an orderly manner and clearly labelled as to desired use on site.
To maintain our portfolio credentials, and the integrity of any applicable copyrights, Alart Design shall be entitled to place an unobtrusive credit with a hypertext link ("Web Site Design by...") in the footer on each page of the web site. Alart Design is also entitled to reproduce samples of Client's web site in our portfolio and in any marketing materials. However this will not apply to website updates, designed by another company.
Alart Design may use qualified subcontractors under our supervision for any or all work on this project.
Payment shall be made as follows:
A deposit of 50% of estimated total cost is due upon Agreement, before work begins;
The second payment and final 50% of the estimated total (adjusted for changes in estimate if necessary) is due upon completion of site as specified, before site is published on the Internet.
If the production process takes longer than 60 days, billing will switch to semi-monthly and will be based on hours expended, while still honouring this estimate, with invoices sent mid-month and at month's end.
In the event of the cancellation of this assignment, or any delay of more than 90 days, we will invoice you for the greater of either: (1) all work completed up to the date of notification, based upon the percentage of the project finished, including expenses; or (2) 20% of the agreed-upon estimate plus expenses, and this contract shall be considered fulfilled by Alart Design. All incomplete work will remain the property of Alart Design. All payments already made will first be applied to these charges.
Alart Design will maintain the confidentiality of Client's source materials, technical and marketing plans and all other sensitive information.
Upon full payment of all invoices due, copyright to page designs produced by Alart Design for Client shall belong to Client. Secondary materials created by Alart Design during production, including drafts, plans, graphic source files, and templates, remain the sole property of Alart Design unless other arrangements are made.
Client is solely responsible for the editorial content of the material included on its website. Accordingly, Client agrees that it will defend and indemnify (hold harmless) Alart Design from any suit, demand, or claim resulting from the editorial content of the website.
Client represents to Alart Design and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Alart Design for inclusion in Client's web site are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Alart Design and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
Alart Design will not be liable to Client or to any third party for any damages arising from the use of web site.
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.
To be valid, the client must email a response within 30 days of the above date followed by a payment of 50% estimated cost paid through PayPal or a deposit cheque of the amount specified.
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