$385 AUD Website for Small Business

GENERAL WEBSITE DESIGN AGREEMENT
MSIncome.com.au
27 Craigview Street,
Macgregor, Qld. Australia 4109
ABN: 22 230 452 354
Mob: 0415 435 387

MSIncome Web Development’s desire is to delight the client. One way is to make clear our understandings with each other. These are the terms of our agreement together:

1. Authorization. The above-named client is engaging MSIncome Web Development / Quentin. Brown Webmaster, a Sole Proprietor, located at the above address, as an independent contractor for the specific project of developing a World Wide website to be installed on our web space. The client hereby authorizes MSIncome Web Development to access this account, and authorizes the web hosting service to provide MSIncome Web Development 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 MSIncome Web Development to publicize their completed website to Web search engines, as well as other Web directories and indexes.

2. Standard Website Package Elements. (For Free Standard Website Packages Only). MSIncome Web Development includes the following elements in their Free Standard Website Packages:

Summary of package provided by MSIncome.

The free package is a completely self managed system which is provided to small business to initiate a web presence. We provide online training to help you learn how to manage your site or MSIncome can be contracted to do it for you.

MSIncome undertakes to register an agreed domain name and host said domain name on an individual hosting package provided by MSIncome and paid for by the client. MSIncome then undertakes to install a full working copy of the latest version of Wordpress and associated plugins for greater functionality. MSIncome will create a customized theme for the site as acceptable with the client and help with the initial content provided by the client.

The site may be run as a full content management system or a blog style site as agreed upon during initial set up. Training on promotion and publicity provided via online training modules and customized marketing packages subject to separate agreement.

Any special graphics or designs outside the acceptable design constraints will be supplied by the client or paid for under agreement. Initial Content is limited to no more than 3 pages and 3 posts however multiple pages and posts

MSIncome will provide online training to assist the client to become familiar with Wordpress and will encourage the client to add additional content in the form of posts, pages, graphics and media. MSIncome will provide a service to do this on an hourly or contract basis if required.

Support will be in the form of email ticketing system or limited direct contact online via Skype or help desk.

Below are the specifics.

• E-mail/phone consultation Online tutorials for general Internet orientation education, marketing strategy, Web design consultation, and helping clients learn to use their own webpage editor. Telephone long distance charges are in addition to package rates quoted. Additional education and consultation is at our hourly rate of $65 per hour. Ticketing system support for general questions and skype for specific consultation Max 1 hour per month.
• Words of text supplied by the client (200 words per page approximate maximum if not supplied via diskette. webpages of more than 1,200 words of text may be subject to additional fees, especially if they require a great deal of formatting.)
• Links to external pages, as needed.
• Custom Graphics Package. MSIncome will help develop a header graphic for the site.  All graphics to stay within general look and feel established.
• Photos and other misc. graphic images supplied by client (up to an average of 3 included per page
• Installation and registration of agreed domain name and individual hosting package. Installation of Wordpress and specific plugins to enhance websites performance. FormMail enabled with appropriate bandwidth at the time the site is published and server space alotment. All server technical issues are to be handled by WEBMASTER unless otherwise noted amongst all parties.
• Minor updates and changes to existing webpages for two weeks, subject to the limits outlined below. Additional changes billed at hourly rate. This does include any MINOR modifications and tweaking to work out backend database bugs and functionality. This does not include adding features past the scope of this project.

• Site publicity to at least 5 major Web search engines, such as Google, AltaVista, AlltheWeb, WebCrawler, Lycos, HotBot, etc. Yahoo ($299) and Inktomi ($40) submission will require an additional agreement. Ongoing web site marketing and copy writing will require an additional service fee.
• E-mail response link on each page to the contact page which will send a formatted email to any e-mail address the client designates. An online feedback form will also be created on the contact.html static page.  Includes up to 10 fields.  It is imperative not to include an email link on any page to reduce spam. All contact for the client must be through the contact form.

3. Standard Website Packages only. The content of the webpages will be supplied by the client and executed as specified by the client in the “Website Planning Worksheet” dated ___________ . This website includes up to ( 3 )static webpages and (3) blog posts. In case the client desires additional standard webpages beyond the original number of pages specified above, the client agrees to pay MSIncome Web Development an additional $50 for each additional webpage. Graphics or photos beyond the allowed average of 2.3 per webpage shall be billed at an additional $10 each. 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 below.

4. Ecommerce – Can easily be added to your free package and a quote for your requirements can be submitted via the ticketing system. We have a very reasonable priced shopping cart that can work with your existing merchant facility or incorporate a number of 3^rd payment processors like Paypal, Paymate etc.

We include e-mail/phone consultation of up to 2 hours total general Internet orientation education, marketing strategy, Web design consultation, and helping clients learn to use the store software. Telephone long distance charges are in addition to package rates quoted. Additional education and consultation is at our hourly rate.)

Product webpages, products, or photos added after the store is ready for advertising to the Web search engines will be calculated for actual time spent at the hourly rate specified below.

5. Maintenance and Hourly Rate. This agreement includes minor webpage maintenance to regular webpages (not store product pages) over a two week period, including updating links and making minor changes to a sentence or paragraph. It does not including removing nearly all the text from a page and replacing it with new text. If the client or an agent other than MSIncome Web Development attempts updating the client’s pages, time to repair webpages will be assessed at the hourly rate, and is not included as part of the updating time. The two week maintenance period commences upon the date the client’s web site is officially published to the web and all monies paid. The client will be able to edit all pages posts and contact information during and after this period.

Changes requested by the client beyond those limits will be billed at the hourly rate of $75. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, webpage design, editing, modifying product pages and databases in an online store, and art, photo, graphics services, and helping clients learn how to use their own webpage editor. CGI programming charges (if any) are not included in this rate.

6. 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.

7. Web Hosting. The web hosting provided by MSIncome is on a unix system and is set up as an individual package and not a sub domain. It comes with its own cpanel administration.

• Wordpress will be installed with its own Statistical, SEO optimization, streaming media and other plugins to provide extra functionality. Additions plugins can be istalled upon request and a quote will be provided.

8. Completion Date. MSIncome Web Development and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website no later than 25 Business DAYS from Initial Contract Approval and initial 100% of Total Project Fee Paid. This would be $110.00 for setup of hosting and $33 for domain registration. Monthly hosting will be due in advance and any additional work a deposit will be required as per below.

If the client does not supply MSIncome Web Development complete text and graphics content all webpages contracted for within four 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 six weeks 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 published.

9. Payment of Fees. Fees to MSIncome Web Development are due and payable via Paypal, direct deposit or Cheque. Payment by cheque will require a 5 day waiting period or till it clears.

All payments will be made in AUD funds made out to, “Quentin Brown” trading as MSIncome”.

10. Assignment of Project. MSIncome Web Development reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

11. Legal. MSincome Web Development 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 Quentin Brown – Webmaster (MSIncome.com.au ) 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 MSIncome 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.

12. Copyrights and Trademarks. The client represents to MSIncome and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to MSincome 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 MSIncome and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

13. 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 MSIncome and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.

14. Copyright to Webpages. Copyright to the finished assembled work of webpages produced by MSincome is owned by MSincome / Quentin Brown – Webmaster. 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. MSIncome and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

15. Payment of fees. In order for MSincome to remain in business, payments must be made promptly. Delinquent bills will be assessed a $25 charge if payment is not received within 10 days of the due date. MSIncome reserves the right to remove webpages from viewing on the Internet until final payment is made. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency and the website will be “turned off from public viewing with a Splash Page stating that the web site is undergoing routine maintenance. Any statement from the client that payment will not be made in the future, then MSincome reserves the right to “turn off ” the web site at any given time past the actual due date. If an amount remains delinquent 60 days after its due date, all files will be removed from the server and no duplication rights or usage will be granted. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This Agreement becomes effective immediately upon web site publishing and clients are encouraged to read Agreement terms carefully and thoroughly and ask questions to Quentin Brown – Webmaster, MSIncome if they should arise. Regardless of the place of reading / signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Brisbane, Australia, and any dispute will be litigated or arbitrated in Brisbane, Australia. Please pay on time.

16. Sole Agreement. The agreement contained in this “Web Site Design Agreement” constitutes the sole agreement between Quentin Brown – Webmaster MSIncome, its subcontractors, 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 12 months after all parties sign this contract. Continued services after that time will require a new agreement.

17. Cancelation or moving of hosting. Cancelation must be given 30 days in advance and relocation of hosting will require a $110.00 admin fee where we will provide you with the database and associated files for your website.

18. Initial Payment and Refund Policy.

The total amount of this Agreement is $143.00(or as quoted in person or email) plus $22 a month for ongoing hosting after the initial month payable monthly, quarterly,half yearly or yearly.

If the client halts work and applies by registered letter for a refund within 30 days, to the Sole Proprietor of MSIncome, ________________________, phone __________________ , 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. The above also applies to upfront hosting fees. No refunds for hosting will be made after 30 days unless server logs demonstrate that the web site was not accessible via a standard internet browser viewable for a period more than 10%.

The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.

On behalf of the client (authorized signature):

_______________________________________ Date ________________

On behalf of Quentin Brown – Webmaster / MSIncome (authorized signature)

_______________________________________ Date ________________

Rev VII, 2009