Web Design Contract
This CONTRACT including its attachment of the Web Design Proposal provides
CLIENT and MGRAFFIX with a formal, binding understanding and agreement to purposes and goals. The
terms follow:
1.Engagement. ("CLIENT") is engaging MGraffix, as an independent contractor for the specific project of designing and implementing a web site.
2. Warranties. MGraffix represents and warrants to CLIENT that it has the experience and ability to
perform the services required by this CONTRACT; that it will perform said services in a professional, competent
and timely manner; that it has the power to enter into and perform this CONTRACT; and that its performance of
this CONTRACT shall not infringe upon or violate the rights of any third party or violate any federal, state and
municipal laws. However, CLIENT will not determine or exercise control as to general procedures or formats
necessary to have these services meet CLIENT's satisfaction. The CLIENT represents and warrants to MGraffix
that it will provide CLIENT materials as required in a professional, competent, and timely manner; that it
has the power to enter into this CONTRACT on behalf of CLIENT; and that its performance of this CONTRACT shall
not infringe upon or violate the rights of any third party or violate any federal, state or municipal laws.
3. Web Design Contract Components.
Design Consultation. One design consultation is included in this contract usually prior to preparation of the
proposal. The purpose of this consultation is to discover client needs and plan the web site design using the Web
Design Quote sheet. Additional consultations will be charged at an hourly rate of $50 and are not included in this
contract. These consultations may be in person or by phone.
Textual Content. Textual content will be supplied already composed and typed by CLIENT in digital format.
CLIENT may elect to hire MGraffix for copy writing services outside of this CONTRACT at a rate of $30
per hour.
Photographs. Photographs will be supplied by CLIENT in digital or print format. Scanning in excess of three
photographs per page is in addition to the price set forth in this contract and will be billed at $10.00 per scanned
image. CLIENT may elect to purchase stock photographs to be used on the web site. MGraffix can
suggest vendors of stock photography. Time spent by MGraffix searching for appropriate stock
photographs is in addition to the price set forth in this contract and will be billed at an hourly rate of $50.
Graphical Content. Each page to contain company logo if desired by CLIENT. Logo is to be provided by CLIENT.
CLIENT may elect to hire MGraffix to design a logo outside of this contract at rate of $200.
Other graphics can include custom designed navigation, buttons, lines, bullets, and rollovers. MGraffix
will prepare a draft layout containing proposed custom designed graphics. CLIENT. A maximum of three revisions
to the draft layout will be included at no extra cost to create the look and feel that is desired. Further revisions will
be billed at the normal hourly rate of $50.
Links. MGraffix will add links to external sites and pages when appropriate, at the request of the
client.
Minor Updates and Changes. Minor updates and changes to existing web pages are included for up to 30 days
following completion of website. Minor updates and changes are defined as updating links and making minor
changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it
with new text. If the CLIENT or any agent other than MGraffix attempts to update the CLIENT's pages
during this time, time to repair the web pages will be assessed at the hourly rate of $50 for HTML and $50 for
programming and is not included as part of the modification time.
Change Orders. After this CONTRACT is signed any major changes to the proposed design will require a CHANGE
ORDER which will become an addendum to this contract. Major updates and changes are defined as adding
additional pages, custom graphics and/or functionality to the site outside of what is outlined in the proposal and
initial design layout.
E-mail. Response links to an email address specified by CLIENT can be included on any page as requested by
CLIENT.
4. Post-Launch Additions. The addition of web pages, graphics, functionality, photos and any other content
after the completion and launch of the website will require a separate proposal and contract.
5. Maintenance and Hourly Rate. CLIENT may contract MGraffix to provide maintenance services
for the website after the two week minor update period has expired. Maintenance services are available by the
hour (@ $50 per hour or current rate charged by MGraffix which ever is greater) or by separate
maintenance agreement.
6. Submitted Content. MGraffix will endeavor to meet specified deadlines laid out in the web design
Quote sheet. Client will be bound to the dates set out there. Please make every effort to submit completed content
and approvals by agreed upon deadlines. MGraffix will not be responsible if target launch date cannot
be met due to late submission of materials by Client.
7 . Launch Date. MGraffix and Client must work together to complete the elements of the web site
in a timely manner. We agree to work expeditiously to complete the web site by Target Date Here, subject to date
of receipt of signed contract and all materials from Client. Otherwise, this site shall be completed in number of
weeks or days from the date of signing this contract.
8 . Payment Schedule. Fees to MGraffix are due and payable on the following schedule.
• 1/2 due upon signing this contract
• Balance due upon completion of web site. (Client delays will not effect final payment date)
All payments will be made in US funds. MGraffix promises to complete all work by this date, subject to
approval and receipt of all materials from Client. All final payment shall be due on agreed-upon date, regardless of
delays by Client. However, if MGraffix is delayed due to circumstances beyond his or her control,
contract completion and required final payment will be postponed to a new agreed-upon date. At that new date,
all fees will be due.
9. Third Party Consultants and Sub-Contractors. MGraffix reserves the right to contract third
party consultants with the approval of Client to the right fit for the job as well as on-time completion.
10. Legal Issues. MGraffix does not guarantee that the functions contained in the web pages or the
web site will meet the Client's requirements or that the operation of the web site will be uninterrupted or errorfree.
The entire risk as to the quality and performance of the web site and pages therein is with the client. In no
event will MGraffix be liable to Client or any third party for damages, including lost profits, lost savings
or other incidental, consequential or special damages arising out of the operation of or inability to operate this web
site and any other web pages, even if MGraffix has been advised of the possibilities 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.
11. Copyrights and Trademarks. Client represents to MGraffix and unconditionally guarantees that
any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to MGraffix for
inclusion in the web site are either 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 MGraffix from any claim or suit
arising from the use of such elements furnished by Client.
12. Copyright to web pages. When final payment is received and web pages are published to Client's web host
account the Copyright to the pages will be as follows: Logos, banners, buttons and other graphics created by
MGraffix, for Client, are owned and copyrighted by MGraffix. MGraffix is not required to keep or provide client
with native source files used in the creation of these graphics. Content and photographs provided by Client are
owned and copyrighted by Client or respective owners who have granted use rights to Client. HTML code and
server side and browser side scripting is owned by MGraffix and its licensors and is licensed to Client for use on
this web site only. Client is not permitted to use these scripts elsewhere or sell them to a third party.
MGraffix reserves the right to display and link to completed web site as part of a web design portfolio.
13. Payment of Fees. In order for MGraffix to remain in business, payments must be made in a
timely manner. Payments are due by the dates outlined in this contract or web design quote sheet. Outstanding
balances that are 30 days past due will be assessed a late fee of 1.5% per each month of delinquency. MGraffix
reserves the right to remove web pages from viewing on the internet until final payment is made. In
case collection proves necessary, Client agrees to pay all fees incurred by that process. This agreement becomes
effective only when signed by MGraffix Regardless of the place of signing of this agreement, Client
agrees that for purposes of venue, this contract was entered into in Miami, Florida and any dispute will be
litigated in Miami, Florida. Please pay on time.
14. Sole Agreement. The agreement contained in this "Web Design Contract" constitutes the sole agreement
between MGraffix and Client regarding this web site. Any additional work not specified in this contract
or web design quote sheet must be authorized by written change order. All prices specified in this contract will be
honored for six (6) months after both parties sign this contract. Continued services after that date will require a
new agreement.
15. Initial Payment and Refund Policy. This contract becomes binding with an initial payment in the amount
of 1/2 of total amount of contract. If Client halts work and applies by registered letter for a refund within thirty
days of date of contract, work completed shall be billed at the hourly rate stated ($50.00 per hour), and deducted
from the initial payment, the balance of which shall be paid back to Client. If, at the time of request for refund,
work has been completed beyond the amount covered by the initial payment, 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.
16. Price The estimated price will be emailed to you in the form of an invoice. The undersigned agrees to the terms
of this agreement onbehalf of his or her organization or business.