Web Design Contract

Web Design Contract
This AGREEMENT is dated and in effect as of the 18th of September, 2012, between Shawn R.
Jackson, CEO of Exceeding Service subsidiary of KWeston Consulting, LLC, hereafter referred
to as "Client" and Joseph Howard, Jr., hereafter referred to as "Consultant". This agreement is
with respect to the design of Exceeding Service, LLC’s website, hereinafter referred to as the
"Work." Whereas, Consultant is a professional web designer of good standing; Whereas,
Client wishes Consultant to create certain Work described more fully herein; and Whereas,
Consultant wishes to create such Work; Now, therefore, in consideration of the foregoing
premises and the mutual covenants hereinafter set forth and other valuable considerations, the
parties hereto agree as follows:
COMPENSATION AND TERM:
The above named Client retains Consultant, and Consultant agrees to perform the following
services: designing or redesigning, and/or building, and/or maintaining a website for Client
according to *specifications agreed upon, and detailed at the bottom of this contract, between
Consultant and Client.
Term shall be until the agreed upon website work is completed within the time frame specified.
Date to begin work:__________________ Date work is to be completed:__________________
Client is solely responsible for supplying website content, authoring, organization, images in file
format unless Consultant is hired specifically for this purpose and it is stated in the agreed upon
specifications. If all text and graphics necessary to complete the work are not received by
Consultant within 30 days from the date of contract the balance of payment may become due
and payable upon request. Any products or services not specified in this contract are not required
of Consultant.
Consultant agrees to complete this project within the estimated budget, unless Client requires
additional work or services not agreed upon, or if Client requires multiple design drafts or
repeated changes which would significantly increase work required of Consultant. Consultant
will not charge any fees in addition to those specified in this contract without first consulting the
Client and reaching an agreement regarding this. If it becomes necessary for Consultant to
bring legal action to collect any sums due under this Agreement, it shall be entitled to collect, in
addition to all damages, its costs of collection, including reasonable attorney's fees.
This Agreement shall commence on the date stated above, and shall remain in effect until all
obligations under this Agreement have been properly completed.
The following fees shall apply:
A fee in the amount of $400.00USD, to complete the agreed upon work. 50% of said fee is due
after initial consultation and before work is begun. The remaining 50% shall be due and payable
when work is completed and shall be received before website is uploaded to its final destination.
This fee does not include: the cost of domain registration, hosting set up fee, hosting, merchant
account, secure online authorization or shopping cart.
WARRANTIES BY CONSULTANT:
Consultant represents and warrants to Client that it has the experience and ability to perform the
services required by this Agreement; that it will perform said services in a professional and
competent manner; that it has the power to enter into and perform this Agreement; . However,
Client will not determine or exercise control as to general procedures, formats or sub-contracting
necessary to have these services meet Client's satisfaction.
INDEPENDENT CONTRACTOR:
Consultant acknowledges that the services rendered under this Agreement shall be solely as an
independent contractor. It is expressly understood that this undertaking is not a joint venture.
CONFIDENTIALITY:
The Client and Consultant may disclose confidential information one to the other to facilitate
work under this Agreement. Such information shall be so identified in writing at the time of its
transmittal, and shall be safeguarded and not disclosed to third parties by the receiving
party. Confidential information shall not include information that:
1. is already known to the party to which it is disclosed;

2. is or becomes part of the public domain without breach of this Agreement;
3. is obtained from third parties, which have no obligations to keep confidential to the
parties to this Agreement.
RESERVATION OF RIGHTS:
All rights not expressly granted hereunder are reserved to Consultant, including but not limited
to all rights in sketches, comps, or other preliminary materials.
PERMISSIONS AND RELEASES:

The Client agrees to indemnify and hold harmless Consultant against any and all claims, costs,
and expenses, including attorney's fees, due to materials included in the Work at the request of
the Client for which no copyright permission or previous release was requested or uses which
exceed the uses allowed pursuant to a permission or release.
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 Consultant 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.
COPYRIGHT NOTICE:
Copyright is in Consultant's name. Upon completion of Work, the copyright will only be
released to the Client upon the Consultant's signing of the Release of Copyright.
AGREEMENT:
This agreement constitutes the sole agreement between Consultant 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 Consultant. All prices specified in this contract will be honored for 6 months after both
parties sign this contract. Continued services after that time will require a new agreement.
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.
TERMINATION:
Either party may terminate this Agreement by giving 30 days written notice to the other of such
termination. In the event that Work is postponed or terminated at the request of the Client,
Consultant shall have the right to bill pro rata for work completed through the date of that
request, while reserving all rights under this Agreement. If additional payment is due, this shall
be payable within thirty days of the Client's written notification to stop work. In the event of
termination, the Client shall also pay any expenses incurred by Consultant and the Consultant
shall own all rights to the Work. The Client shall assume responsibility for all collection of legal
fees necessitated by default in payment.
The Client and Consultant are independent parties and nothing in this Agreement shall
constitute either party as the employer, principal or partner of or joint venture with the other
party. Neither the Client nor Consultant has any authority to assume or create any obligation or
liability, either express or implied, on behalf of the other.
This Agreement shall be governed by and construed in accordance with the laws of Texas
applicable therein.
The undersigned agrees to the terms of this agreement on behalf of his or her organization
or business.
On behalf of the Client: _________________________________ Date _____________
On behalf of Consultant: __________________________________ Date ____________

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Web Design Contract

COMPENSATION AND TERM:

1. is already known to the party to which it is disclosed;

PERMISSIONS AND RELEASES:

ELECTRONIC COMMERCE LAWS:

On behalf of the Client: _____________________ Date _

On behalf of Consultant: ______________________ Date

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