Design Contract

Website Design Project Contract

Client Information:

[Name]

1. Authorization.

The above-named Client (hereinafter referred to as "Client") is engaging Enoch Computer Technologies, (hereinafter referred to as "EC Technolgies "), as an independent contractor for the specific purpose of designing a World Wide Web site (hereinafter referred to as "Web Design Project") to be published on the Client's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, hereinafter refered to as "Hosting Service", or provided on diskette at the Client's option. The Client hereby authorizes Enoch Computer Technologies to access this account, and authorizes the Hosting Service to provide Enoch Computer Technologies, with "full access" to the Client's account, and any other programs needed for this Web Design Project that are included as part of the Client's service agreement/level. The Client also authorizes Enoch Computer Technologies to submit the completed Web Design Project to major Web Search Engines.

2. Development.

This Web Design Project will be developed using various commercial software products and proofed by hand.

· Browser Compatibility - Designing a website to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Enoch Computer Technologies represents and warrants that the website we design for you will work in:

Microsoft Internet Explorer versions 3 and up

Netscape Navigator/Communicator version 3 and up

While Enoch Computer Technologies will make reasonable efforts to design a fully functional website, Enoch Computer Technologies' warrantee does not cover AOL, text-based browsers or requested special effects that we advise you against.

Accessibility for People with Disabilities - Enoch Computer Technologies standard is to meet at least half the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.

3. Assignment of Web Design Project.

Enoch Computer Technologies reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met in a timely manner.

4. Copyrights and Trademarks.

The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Enoch Computer Technologies for inclusion in the Web Design Project 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, indemnify and defend Enoch Computer Technologies and its subcontractors from any liability (including attorney's fees and court costs), claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.

5. Website Maintenance.

This agreement allows for minor website maintenance to pages over a 90 day period, up to an average of one half hour per regular web page, including updating links and making minor changes to a sentence or paragraph. It does not include replacing all the text from a page with new text, major page reconstruction, new pages, guestbooks, discussion webs, Back structure changes, attempted updates by Client repairs or Web Design Projects. The period of 3 months begins on the date the Client's web design site is available to be published to Client's hosting service or 90 days from the date this agreement was signed, which ever comes first.

6. Completion Date.

Enoch Computer Technologies and the Client must work together to complete the Web Design Project in the pre-arranged time frame. We agree to work expeditiously to complete the Web Design Project according to schedule after the Client has submitted all necessary materials. If the Client has agreed to provide some or all materials and does not supply Enoch Computer Technologies with the text and graphic content for this Web Design Project within 60 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by Enoch Computer Technologies as liquidated damages and the contract shall become null and void, at Enoch Computer Technologies' option, unless the Web Design Project is cancelled in writing by the Client prior to 60 days of the effective date of the agreement.

7. Project Delivery.

The final Website Design Project will be published to the Client's hosting service upon receipt of final payment. The Client understands that Enoch Computer Technologies does not provide any hosting services in connection with this Web Design Project. Hosting services require a separate contract with the hosting service of the Client's choice. The Client agrees to select a hosting service, which allows Enoch Computer Technologies full access to the Client's account via FTP. The Client will be solely responsible for any and all hosting service charges.

·8. Electronic Commerce Laws.

The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend Enoch Computer Technologies and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

9. Web Design Project Copyright.

Enoch Computer Technologies will own copyright to the finished web design site produced by Enoch Computer Technologies. The Client will be assigned rights to use the Web Design Project as a website, once final payment under this agreement and any additional charges incurred have been paid. 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. Enoch Computer Technologies and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. All Web Design Projects will contain a copyright/legal statement with a link to the Enoch Computer Technologies Web Site.

10. Payments.

Payments must be made promptly based on the terms of this Website Design Project. Enoch Computer Technologies reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred by that process. This agreement becomes effective only when signed by Enoch Computer Technologies. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into in Van Buren County, Arkansas, and any dispute will be litigated or arbitrated in Van Buren County, Arkansas, and the Client hereby consents to the personal jurisdiction of the Arkansas State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity.

Adding of Meta Tags (Description and Keywords), submission of the Web Design Project to Web search engines, and updating occur only after the full final payment is made. All payments will be made in U.S. Dollars.

11. Payment Schedule.

Payment for services provided hereby shall be made in accordance with the conditions contained in this contract. Notwithstanding any prices listed in literature or on Web pages estimated at $100.00 or more, the Client and Enoch Computer Technologies agree that the services described in this contract shall be estimated for $_______. This amount may vary more or less depending on additions and or deletions to the website upon request of the client after signing this contract. The Client agrees to pay to Enoch Computer Technologies, non-refundable payment of $_______ upon execution of this agreement. Note: This does not apply to"Special Offers or Promotions" which are due upon receipt in full. Final payment for additions/changes upon complrtion are due prior to publication and/or delivery of the Website Design Project. All amounts must be in U.S. Dollars.

Billing method: Merchant Invoice via email or U.S. Mail and e-mail.

12. Legal Notice.

Notwithstanding anything to the contrary contained in this contract, neither Enoch Computer Technologies nor any of its employees or agents warrant that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will Enoch Computer Technologies be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service, or any other circumstances beyond our reasonable control; any lost profits, lost savings, or other incidental, consequential, punitive, or special damages arising out of the operation of or non-operation of this Web Design Project; failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, the Client's computer, the site visitor's computer, or internet software, even if Enoch Computer Technologies has been advised of the possibility of such damages.

13. This Agreement.

This agreement constitutes the sole agreement between Enoch Computer Technologies and the Client regarding this Web Design Project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by both Client and Enoch Computer Technologies. All prices specified in this contract will be honored for three months after both parties sign this contract. Continued services after that time will require a new agreement.

Enoch Computer Technologies reserves the right to refuse and or reject any potential design project due to adult, racist, or anti-political content; schemes by corporation or individual to intentionally deceive the consumer public in general; or any project that we, Enoch Computer Technologies, may deem potentially harmful.

The undersigned hereby agree to the terms, conditions, and stipulations of this agreement on behalf of his or her organization or business.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

AGREED TO:

Client

By_____________________________________
Date ________________
Name:
Title:
Address:
Social Security/Tax I.D. Number:
Duly Authorized

EC Technolgies
By_____________________________________
Date ________________

Please make sure the above information is filled in correctly then print the document and fax or mail the contract to: Fax: 501-745-8715

EC Technolgies

289 Glacier Dr

Clinton, AR 72031

Attn: Contracts dept.

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