Sample Web Contract

Following are the base terms and conditions for web site work. Each contract is custom fit to your needs and to each project. The following is only an example. If you have any questions please contact MSIS.

Primary Client Contact and Definition of Agreement

When working on a web site project, each client must designate a single contact person to provide all direction to MSIS. Client instruction, discussion and collaboration must funnel through one contact person for any group or organization. All instruction and content should come through this designated contact person via e-mail. While initial consulations are sometimes required, most web design projects are completed 100% via e-mail and the internet. As a web site designer and developer MSIS can not provide a client ‘IT’ or ‘help desk’ services for client side issues regarding such areas as mail managers and/or software or hardware troubleshooting. MSIS can supply advice and perhaps references on how to find help for these areas but it does not fall within this type of service contract. For CMS web sites where a Client will be posting to a new blog or maintaining a new web site, MSIS will provide the required instruction and assistance via e-mail and even customized screencasts.

Standard Media Submission

All information to be included in a web site created by Mindy Schmidt Imaging Services for the Licensee should be submitted digitally. E-mailing copy or text and/or attaching images or Word .doc files is an acceptable way of submitting required media. Acceptable copy formats: E-mail, Word .doc files or simpletext. Acceptable image formats: .jpeg, .eps, or .pdf. You can also submit content by CD or DVD via snail mail. Digital photography, scanning services, data entry and/or OCR ( optical character recognition ) are not included in this project but may be bid for an additional fee.

WHAT THIS MEANS: Unless specifically requested and included in the formal bid, the client is responsible for all of the copy and images for the web site. Mindy Schmidt Imaging Services will provide stock photography or custom graphics as part of the design service where appropriate or necessary and will copy edit to be sure copy submitted is the most effective, but this is a courtesy service only. MSIS will need to invoice for services related to obtaining content if the Client can not provide the media as required.

Permission and Copyright

The Licensee will obtain all the necessary permissions and authorities in respect to the use of all copy, graphic images, registered company logos, names and trademarks or any other supplied material. This contract for web site design and placement shall be regarded as a guarantee by the Licensee to MSIS that all such permissions and authorities have been obtained. Mindy Schmidt and Mindy Schmidt Imaging Services can not be held liable for any information, copy, or images that have been supplied but have not been secured legally and that may result in copyright infringement. This agreement may also include graphics and design elements that are copyrighted to Mindy Schmidt and MSIS. This work may not be distributed, relicensed or modified without the express written consent of Mindy Schmidt and MSIS.

WHAT THIS MEANS: Any images and/or copy that is submitted either as required or to be digitized by MSIS must be legally the property of the client. Mindy Schmidt Imaging can not be held liable for images submitted for inclusion on the web site where permissions have not been obtained. MSIS retains copyright ownership to the web site’s design and design elements, unless otherwise requested and formally bid.

Licensed Code

This agreement includes code elements being either custom created or modified for Licensee and are based on techniques and pre-developed code that is the property of Mindy Schmidt Imaging Services, or one of it’s contractors. This software technology is licensed to the Licensee for a one time fee and is limited to installation and usage by that Licensee only on one “site” of connected documents on one “server”. Such code may not be distributed, modified or relicensed without the express written consent of Mindy Schmidt and Mindy Schmidt Imaging Services.

WHAT THIS MEANS: Mindy Schmidt Imaging retains the copyrights to work done on the web site. These elements, images, animations, and layouts may not be altered or used on another server or web site without a renegotiated fee.

NOTE: For those Clients that wish to purchase the web site’s copyright please note that this option must be requested prior to bidding a new project. In this case every element will be custom built for the client and then MSIS will release ownership and copyright at project approval and the Client may maintain/change/update the site as they wish.

Site Maintenance / Options to update your site

Requests outside of the original bid for job or requests for changes to the original direction of the project must be submitted via e-mail to mindy@mindyschmidt.com and will be bid separately. Changes to the site after the site has launched will fall under a maintenance agreement or will be invoiced separately if requests the parameters of the maintenance agreement. Monthly maintenace fees cover up to one half hour of work per month. There are no minute “roll overs” from month to month but all requests are addressed within 24 hours. Each maintenance contract is custom fit to the size and scope of the web site’s needs. On average a 5 page web site is invoiced a $35 monthly maintenance fee. If the Client does not wish to sign a maintenance agreement changes to the site will be quoted and billed a minimum of $50 per request for web site alteration. For CMS ( content management system ) web sites, a maintenance fee is not required.

Most of MSIS’s clients are those people, businessess and organizations that want someone to build a new web site for them ( because it is not what they choose to spend their time learning to do ) and then they choose MSIS to care for their investment and to maintain their new web site. CMS web sites offer the client the choice of easily maintaining the content areas of their new web sites.

Payment Terms

MSIS requires that 50% of the project costs are paid upon placement of new web site orders. The balance is to be paid at design approval. 100% of hosting and domain name registration fees are due when invoiced. Maintenance invoices will be invoiced annually starting 30 days after a new web site is live. Checks may be made payable to; Mindy Schmidt or to Mindy Schmidt Imaging Services. PayPal is accepted for payments via credit card. The Paypal e-mail address is “mindy@mindyschmidt.com”. Please include a 2.9% surcharge to cover MSIS fees to accept payments via credit card.

MSIS Design Credit

A link to Mindy Schmidt and MSIS will appear in small print at the bottom of each page as the site creator and copyright holder.

Impossibility of Performance

Licensee acknowledges and agrees that Mindy Schmidt and Mindy Schmidt Imaging Services cannot guarantee the absence of service interruptions caused by Acts of “God” or other circumstances beyond its control, including, but not limited to, telecommunications problems and server down time.