Custom Design NRFITT

Description

Website for: NRfitt.com ($475 Total)

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Cost for additions or changes (SEE CHANGES BELOW).

Cost for future modifications to the website and maintenance: $35 per hour freelance work, Note: minimum charge is $20 (SEE CHANGES BELOW)

By making payment you have agreed to the following:

This Agreement for design services is between ProCoachWebsites.com and CLIENT for the performance of the services described Proposal above. The parties therefore agree as follows:

Basic Terms and Conditions

1. DEFINITIONS

As used herein and throughout this Agreement:

Agreement means the entire content of this Basic Terms and Conditions document, the Proposal document(s), Schedule A, together with any other Supplements designated below, together with any exhibits, schedules or attachments hereto.

Client Content means all materials, information, photography, writings and other creative content provided by Client for use in the preparation of and/or incorporation in the Deliverables.

Fees. In consideration of the Services to be performed by Designer, Client shall pay to Designer fees in the amounts and according to the payment schedule set forth in the Proposal, and all applicable sales, use or value added taxes, even if calculated or assessed subsequent to the payment schedule.

Invoices. All invoices are payable within 3 days of receipt.

2. CHANGES

General Changes. Unless otherwise provided in the Proposal, and except as otherwise provided for herein, Client shall pay additional charges for changes requested by Client which are outside the scope of the Services on a time and materials basis, at Designer’s standard hourly rate of Designer’s Hourly Rate per hour ($35 per hour). ALL CHANGES SHOULD BE REQUESTED IN WRITING. Failure to request changes in writing may result in an incomplete website.

Substantive Changes. If Client requests or instructs Changes that amount to a revision of at least 15% of the time required to produce the Deliverables, and or the value or scope of the Services, Designer shall be entitled to additional fees for all work preformed.

Additional Pages. If Client requests additional pages not included in the initial Proposal, Client agrees to pay for said pages. Minimum page without photos: $40; page with photo: $50; page with 3-4 photos and up to 4 sections: $75; page with more than 7 reviews or photo gallery: MINIMUM $100

Adding Content to a Page. If Client requests additional content to be added to a page not included in the initial Proposal and text/images supplied by the Client for the initial Proposal, Client agrees to MINIMUM of $25 per section of new content.

3. CLIENT RESPONSIBILITIES

Client is responsible for providing ALL content for the website including text, images, and logo (.png). Text should be submitted in an organized .doc that clearly labels:

1. Menu

2. Pages

     – Sections within a page

     – Link to Page or Jump to Section instructions

NOTE: Failure to be clear and organized on instruction documents may result in additional charges.

Client also acknowledges that it shall be responsible for performing the following in a reasonable and timely manner:

(a) coordination of any decision-making with parties other than the Designer;

(b) provision of Client Content in a form suitable for reproduction or incorporation into the Deliverables without further preparation, unless otherwise expressly provided in the Proposal; and

(c) final proofreading and in the event that Client has approved Deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, Client shall incur the cost of correcting such errors.

4. Warranties and Liability

Except for the express representations and warranties stated in this agreement, designer makes no warranties whatsoever, designer explicitly disclaims any other warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to the project.

Client agrees to indemnify, save and hold harmless Designer from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement. Under such circumstances Designer shall promptly notify Client in writing of any claim or suit;

Limitation of Liability. The services and the work product of designer are sold “as is.” In all circumstances, the maximum liability of designer, its directors, officers, employees,  design agents and affiliates (“Designer Parties”), to client for damages for any and all causes whatsoever, and client””””””””””””””””s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of designer.  In no event shall designer be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by designer, even if designer has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.

5. TERM AND TERMINATION

This Agreement shall commence upon the Effective Date and shall remain effective until the Services are completed and delivered. Websites under 10 pages shall be completed within 10 business days of receiving ALL content and images. Additional content, pages, or changes may extend the completion date up to 15 business days.

In the event of termination, Designer shall be compensated for the Services performed through the date of termination in the amount of (a) any advance payment, (b) a prorated portion of the fees due, or (c) hourly fees for work performed by Designer or Designer’s agents as of the date of termination, whichever is greater; and Client shall pay all Expenses, fees, out of pockets together with any Additional Costs incurred through and up to, the date of cancellation.