Website Design Contract

Thank you for contacting Max-Inc.com. We have created the following resources to help you plan and organize your website project with us.

The Website Design and Development Process

WebSite Design Agreement

• Define Website Requirements
• Develop Site Map & Architecture
• Conceptual Designs
• Prototype Development
• Site Development & Data (Database) Integration
• Content Development & Copy Writing
• Alpha Testing
• Beta Testing & Refinements
• Website Launch

The length of time it will take to produce your web page(s) varies and depends on many factors. This can be discussed when you submit your items.

Any updates to a web page must be submitted in its entirety before any project will begin. For instance, if one of your web pages needs to be updated, you must submit all text and images required for that single page.

Requests for major changes while a project is in mid-process will be treated as new requests and will be re-prioritized accordingly.

• Logos and photos must be provided before design process begins.
• Designs must be approved within two business days of presentation.
• The Client must furnish final text within seven (7) days of design approval.
• Upon final development and approval, website will be uploaded to host server.

A one hour consultation and quote is provided free of charge to help you determine website design ideas and costs. Additional consultations or research may be requested, and will be provided at the hourly rate stated in the web design contract.

Max-Inc.com will respond to all inquiries within 24 hours (weekdays) and 48 hours (weekends). Our primary method of communication is cell phone xxx-xxx-xxxx and email (info@max-inc.com).

Providing Max-Inc.com content for your website is an essential part of the web design process. Content includes any images and text that you would like on your site. Please carefully read the information regarding the specific image and text files accepted by Max-Inc.com.

• The Client must furnish all content that is carefully edited and proofread.
• Files must be named to coincide with each specific web page.
• Format text to include bolded and italic type where you prefer.
• This includes linking from specific points within text to other internal pages or third-party websites. Indicate links by underlining the linking point.
• Development of your pages will not begin until graphics and content for all pages are provided.
• One round of minor text edits is permitted at the final approval stage.
• Edits for all pages must be provided at the same time.
• Additional change cycles thereafter can carry additional fees at our standard hourly rates.

All image and text should be provided to Max-Inc.com in the form of electronic files.

General File Requirements

• Customer Provided
• Digital Royalty Free or Rights-managed images via several of our recommend Websites.
• All files must have valid file extensions. Please make sure there are no spaces or extra punctuation in file names. If you are working on a Macintosh, please limit file names to eight characters or less.

Artwork File Requirements

Please note: If you will be mailing a CD or photo ready artwork, please be aware that Max-Inc.com accepts copies only, not originals. This ensures that the Client has access to their content at all time, and that it does not have to be mailed back and forth, risking loss of an original. If you have photos or artwork that needs scanned, please see the bottom of this page for scanning prices. Acceptable file types for images are:

Note about compressed files: JPEG's and GIF's are not preferable file types to work from because they have already been compressed, which may cause further loss of image quality.

Text File Requirements

Please note: Max-Inc.com does not accept Publisher files. Acceptable file types for text documents are:

File Size Requirements

For files under 5MB, acceptable media include:

For files over 5MB, acceptable media include:

Information Architecture (IA) is the practice of organizing and structuring a site’s content, or the ability of users to find the content they are looking for on a Website. IA is usually one of the first tasks in designing a user-centered Website since it defines the structure of the navigation and the content that will appear on each page.

Information architecture is subliminal when it works well. The lack of information architecture is glaring when it works poorly. The user cannot find information or, even worse, cannot recognize or assimilate information when by chance it is encountered. Extracting knowledge from such information resources is exhausting, and users quickly abandon the effort and seek the information elsewhere.

The following are the most widely used IA deliverables:

• Content Inventory A content inventory is intended to provide a consolidated snapshot of all the major pages on a Website. This would include text, graphics, and multimedia. Sometimes a content inventory is performed on content that is not yet part of a Website. This would be helpful for an organization that is collecting content to be placed on a new Website.
  
  
• Site Hierarchy Map (Also known as: Blueprint, Hierarchy Diagram, Flow Diagram, Site Architecture Map, Site Flow Chart, Site Wireframe) Web Map Site maps are one of the most widely used information architecture deliverable (along with wireframes). They show the overall structure and hierarchy of a Website. They can be used as the first step in laying out the information architecture of a site, and will provide the framework upon which to base site navigation.
  
  
• Wireframes (Wire Frames) (Also known as: Page Architecture, Low Fidelity Mock-Up, Page Schematic Information Architecture) Wireframes (combined with Site Maps) are useful for conveying the general page structure and content requirements for individual pages. A wireframe that is too precise or detailed may leave little creative room for the designer. A wireframe that is too loosely defined can easily be misinterpreted by designers and developers. The format used should be dependent upon the audience. Using detailed wireframes will frequently flush out new requirements and questions that nobody has thought about yet. They also help to keep a paper trail of functional and design decisions that are made. Countless hours and money can be saved by producing wireframes before starting system development.
• HTML Wireframes Information Architects and designers sometimes end up creating the initial HTML layouts that are then turned over to a developer for "real" programming. This often makes sense, because in some cases it's the IA or designer with the best command of HTML layout and design. HTML may be used to create basic wireframe templates that can be used for usability testing or to get client feedback. In other cases the HTML is created in order to keep tight control on the design, rather than leaving it up to the programmer.

Note: Does not include Search Enginine Optimization (SEO) or Instructional Design.

Once a contract for website design is signed, the deposit has been received, and the website content has been provided to the web designer, concept artwork for your home page will be e-mailed to you at the e-mail address specified in the web design contract. It is at this point that any major design changes must be made. Your approval or requested changes should be e-mailed back to Max-Inc.com. Once the concept artwork is approved, the Home Page will be staged (posted temporarily) on Max-Inc.com's server, and you will be e-mailed a link so you can view the page and critique it. Once the home page is approved, the rest of the pages will be staged, and you will be e-mailed a link where you can view them.

The Alpha (Mock) Site
At this point, we now create the Alpha, or Mock site. Your prototype is now completed using scripts and HTML. This prototype is a workable example of what your site will finally look like. Once the alpha site is assembled, the site will be fully navigable, but no content will be included and only limited interactivity features will be fully implemented. Once the design passes through this stage, a complete redesign is not possible.

Beta Site Testing
Once the mock site has been tested and has been approved by us, and yourself, work begins on implementing the Beta site. This is where the site is actually completed. Real content is placed in pages, and back-end components (such as database integration, ecommerce, etc.) are fully implemented into the visual design. At this stage, once again, the site should be tested on actual users.

Database/Backend (not provided by Max-Inc.com)
Backend development is often concurrent with all stages of front end development, and usually starts at the same time as Alpha development. This will often include a blueprint of the database, called a schema. This schema becomes the foundation for all database driven functionality.

The price quote in the contract includes one round of minor edits after site design is complete. Edits consist of text revisions only. Design changes requested by the Client after site design is complete will incur extra charges. Clients are responsible for proofreading their website. All requested revisions must be e-mailed to Max-Inc.com at the e-mail address specified in the web design contract.

Once the design of your website is complete, you are responsible for contacting your web hosting company to get the FTP information necessary to upload your site. This information (server name, user name, and password) must be e-mailed to Max-Inc.com in order for your website to be uploaded to your ISP's server. Please note that in this case, if no FTP information has been provided to upload the new site, the balance invoice for your site will still be sent on the completion date. It is your hosting company's responsibility to make sure your site and e-mail is up and running after the site is uploaded.

Once all revisions are made, you must give approval by e-mail to make the site live (upload the site to its permanent web address, in most cases, your domain name).

Ideally we want to build your website, but have you maintain your web pages yourself. Hiring a web designer to maintain your website is expensive and unnecessary. For simple web maintenance tasks (editing content not stored in a database) we recommend Macromedia Contribute.

Contribute is the compliment to the professional-grade web editing software we use called Macromedia Dreamweaver. Contribute, however, looks just like a web browser except that it also has buttons for editing text and inserting tables, graphics, and links. We can set up Contribute so that certain parts of your web pages are "locked" so that you don't inadvertently delete menus or banners. Contribute can also provide various levels of access to people who are responsible for maintaining different parts of a website.

Note: The Client will need to purchase their own copy of Macromedia Contribute.

If needed, for an additional charge, Max-Inc.com can ensure that your website is accessible to users with disabilities. Often referred to as Section 508 Compliance, this section of the Rehabilitation Act that requires any electronic information developed, procured, maintained, or used by the federal government be accessible to people with disabilities. We have performed similar efforts for several other clients and are experienced with Section 508 requirements.

All invoices are sent by e-mail to the contact person listed in the contract. Please check your e-mail frequently during the design process for information regarding due dates for invoices sent by Max-Inc.com, Inc. If your company has a separate accounts payable department or person, the contact named in this contract is responsible for forwarding any e-mailed invoices to the appropriate department or person for payment.

Content for any remaining work must be provided within 15 days of Project Completion Date or contract will be considered fulfilled and additional work will be billed at the current rate.

The above-named Client is engaging Max-Inc.com / Max Ferman, M.Ed - Web Designer, a Sole Proprietor, located at xxxxxxxx, as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on the Client's web space on a web hosting service's computer. The Client hereby authorizes Max-Inc.com to access this account, and authorizes the web hosting service to provide Max-Inc.com with "write permission" for the Client's webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The Client also authorizes Max-Inc.com to publicize their completed website to Web search engines, as well as other Web directories and indexes.

Max-Inc.com includes the following elements in their Standard Website Packages:

• E-mail/phone consultation (Up to 3 hours total general Internet orientation education, marketing strategy, Web design consultation, and helping clients learn to use their own webpage editor if desired. Telephone long distance charges are in addition to package rates quoted. Additional education and consultation is at our hourly rate of $xx per hour.)
  
  
• Words of text supplied by the Client (200 words per page approximate maximum if not supplied via email or CD. Webpages of more than 1,200 words of text may be subject to additional fees, especially if they require a great deal of formatting.)
  
  
• Links to external pages, as needed.
  
  
• Custom Graphics Package. Custom logo with 2 revisions.  Masthead graphic on home page (customized template integrating customer's new logo design). Template changes for all other static pages in your website. All graphics to stay within general look and feel established homepage will include flash based “slide show” representing no more than 6 images as provided by the Client.
  
  
• Photos and other misc. graphic images supplied by client (up to an average of 3 included per page in standard websites and up to 12 images displayed on "regular" online store pages, in addition to masthead and top-of-page graphic. Color originals larger than 5" x 8" are extra).
  
  
• Installation of webpages on the Client's established web hosting service that is said to be ASP and FormMail enabled with appropriate bandwidth at the time the site is published and server space allotment. All server technical issues are to be handled by existing WEBMASTER unless otherwise noted amongst all parties.
  
  
• Minor updates and changes to existing webpages for 4 weeks, subject to the limits outlined below. Additional changes billed at hourly rate of $xx per hour.  This does not include programming for online stores as handled by existing WEBMASTER. This includes only "regular" pages, not product pages or the ordering system pages unless there is an error by Max-Inc.com or its representatives. This does include any FRONT END  MINOR modifications and tweaking to work out backend database bugs and functionality. This does not include adding features past the scope of this project outlined in Website Development Project Proposal  dated December 12, 2006.
  
  
• E-mail response link on each webpage to any e-mail address the Client designates. An online feedback form will also be created on the contact_us.htm static page.
  
  
• Image Map for internal navigation (Not included in the package price for sites smaller than 5 pages.) (This will be used in limited fashion for basic static page links ). Main navigation will be done via a JavaScript Navigation system integrated in the Masthead of the site.

The content of the webpages will be supplied by the Client and executed as specified by the Client in the "Website Planning Worksheet" dated Xxxxxx xx, 200x.  This website includes up to ( 10 ) static webpages. In case the Client desires additional standard webpages and/ or templates beyond the original number of pages specified above, the Client agrees to pay Max-Inc.com an additional $xx for each additional webpage. Custom graphics or photos beyond the allowed average of 2.3 per webpage shall be billed at an additional $xx each. Where custom graphic work (beyond the scope of the "Custom Graphics Package" detailed above) is requested, it will be billed at the hourly rate specified below.

Max-Inc.com prides itself in providing excellent customer service. To that end, we encourage input from the Client during the design process. We understand, however, that clients may request significant design changes to pages that have already built to the Client's specification. To that end, please note that our agreement does not include a provision for "significant page modification" or creation of additional pages in excess of our agreed amount without additional charges.

If significant page modification is requested after a page has been built to the Client's specification, we must count it as an additional page, which will incur a charge of $100. Some examples of significant page modification at the request of the Client include:

• Developing a new table or layer structure to accommodate a substantial redesign at the Client's request.
• Recreating or significantly modifying the company logo graphic at the Client's request.
• Replacing more than 75% of the text to any given page at the Client's request.
• Creating a new navigation structure or changing the link graphics at the Client's request.
• Significantly reconfiguring the Client's shopping cart with new product, shipping or discount calculation if an e-commerce enabled site has been selected by the Client.
• Redesigning approved custom graphics after approval for site design.

This agreement includes minor webpage maintenance to regular webpages (not store product pages) over a two week period, including updating links and making minor changes to a sentence or paragraph. It does not including removing nearly all the text from a page and replacing it with new text. If the Client or an agent other than Max-Inc.com attempts updating the Client's pages, time to repair webpages will be assessed at the hourly rate, and is not included as part of the updating time. The two week maintenance period commences upon the date the Client's website is officially published to the web and all monies paid.

Changes requested by the Client beyond those limits will be billed at the hourly rate of $xx. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, webpage design, editing, modifying product pages and databases in an online store, and art, photo, graphics services, and helping clients learn how to use their own webpage editor. Flash Scripting charges (if any) are not included in this rate.

All site maintenance requests must be received in writing via email from a designated representative of the Client, on the Client’s letterhead or from the Client’s email address. The Developer charges $xx/hour, in ½ hour increments, for all maintenance tasks over 5 minutes. Any in-person meetings between the Developer and Client to discuss website changes will be billed at the Developer’s rate of $xx/hour. Prior to any non-gratis maintenance requests being performed the Developer will present the Client with an emailed estimate of the cost of the change and the expected completion date. Note that most maintenance issues take only minutes to change and the Developer strives to make all small changes within 2 business days and free of charge.

Please send us your final text. Time required to make substantive changes to client-submitted text after the webpages have been constructed will be additional, billed at the hourly rate.

The Client understands that any web hosting services require a separate contract with a web hosting service. The Client agrees to select a web hosting service which allows Max-Inc.com full access to the website and a cgi-bin directory via FTP and telnet. The Client further understands that if the web hosting service's operating system is not a Unix system, standard CGI software may not work, and providing a substitute may incur additional charges.

Max-Inc.com and the Client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website no later than Xxxxxx xx, 200x from Initial Contract Approval and initial 25% of Total Project Fee Deposit Paid.

If the Client does not supply Max-Inc.com complete text and graphics content all webpages contracted for within four (4) weeks of the date this contract was signed, the entire amount of the contract becomes due and payable. If the Client has not submitted complete text and graphics content within six (6) weeks after signing of this contract, an additional Continuation Fee of 10% of the total contract price will be assessed each month until the website is published. OR

If the Client postpones the project after any work has begun, an additional Postponement Fee of 10% of the total contract price will also be assessed each month until the website is published.

Fees to Max-Inc.com are due and payable on the following schedule: A non-refundable payment of 50% upon signing this contract, 50% when the web pages have been constructed and published according to the Client's original written specifications unless other arrangements have been agreed upon. The website will be published on the World Wide Web once all monies due are paid. If the total amount of this Agreement is less than $600, the total amount shall be paid upon written acceptance this Agreement.

In case the Client has not secured Web space on a web hosting service by the time the webpages are completed, the webpages may be delivered to the Client online through an online repository. Files will not be emailed nor sent on CD due to the possible risk of damage to data. Advertising the pages to Web search engines and updating occur only after the final payment is made.

All payments must be received in form of Direct Deposit to the specified account of "Maxine Ferman". We do not accept Personal Checks or Business Checks because of the time required to clear the bank. Client agrees to pay all additional bank fees for Direct Deposit. All Direct Deposits must be posted to the account of "Maxine Ferman" before any work will begin. Any postponement, cancellation or late fees will be added and an additional invoice will be issued to Client, where an additional Direct Deposit payment will be due upon receipt. If there is any discrepancy or delay in payment of work already completed, and Client intends to complete the project with Max-Inc.com, the remaining balance of the Agreement is due before any addtional work begins, or the project continues.

Max-Inc.com reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

Max-Inc.com does not warrant that the functions contained in these webpages or the Internet website will meet the Client's requirements or that the operation of the webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the webpages and website is with the Client. In no event will Max-Inc.com / Max Ferman, M.Ed.- Webmaster be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, even if Max-Inc.com has been advised of the possibility 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.

The Client represents to Max-Inc.com and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Max-Inc.com for inclusion in webpages 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, and defend Max-Inc.com and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client

From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Max-Inc.com and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's exercise of Internet electronic commerce.

Copyright to the finished assembled work of webpages produced by Max-Inc.com is owned by Max-Inc.com / Max Ferman, M.Ed.- Webmaster. Upon final payment of this contract, the Client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. 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. Max-Inc.com and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

Max-Inc.com acknowledges and agrees that the source materials and technical and marketing plans or other sensitive business information, as specified by the Client, including all materials containing such information, which are supplied by the Client to Max-Inc.com or developed by Max-Inc.com in the course of developing the site are to be considered confidential information. Information shall not be considered confidential if it is already publicly known through no act of Max-Inc.com.

A small logo image and link to Max-Inc.com will appear at the bottom of each page on the site. The Client agrees to display this image and link for as long as the Website, designed by Max-Inc.com, is publicly displayed on the internet, regardless of where the site is hosted or maintained.

In the event that Work is postponed or canceled at the request of the Client by registered letter, Max-Inc.com 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 notification to stop work. In the event of cancellation, the Client shall also pay any expenses incurred by Max-Inc.com, and upon payment the Client shall own all rights to the Work completed at that time. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.

The Client may declare the Cancellation of the assignment for reasons not related to assignment Termination defined in n the event of Cancellation of this assignment by the Client, any milestone payments made prior to cancellation shall be retained by Max-Inc.com. In addition, if cancellation is prior to the delivery of the Site Design, a Cancellation Fee of fifteen percent (15%) of the balance of the Total payments shall be paid by the Client. If the cancellation is later but prior to the acceptance of the Site Design, a fee of thirty percent (30%) of the balance of the Total payments shall be paid by the Client. If the cancellation is later but prior to the delivery of the Beta Version, the above cancellation fee shall be fifty percent (50%) of the balance of Total payments. If the cancellation is after the delivery of the Beta Version, the cancellation fee shall be one hundred percent (100%) of the balance of all remaining dues. Regardless of when the project is cancelled, all billable expenses already incurred by Max-Inc.com or Max-Inc.com is liable to pay for shall be paid by the Client in full. In the event of cancellation, Max-Inc.com retains ownership of all copyrights and any original artwork.

In order for Max-Inc.com to remain in business, payments must be made promptly. Delinquent bills will be assessed a $25 charge if payment is not received within 10 days upon receipt of the invoice. Max-Inc.com reserves the right to remove webpages from viewing on the Internet until final payment is made. If an amount remains delinquent 30 days after receipt of the invoice, an additional 5% penalty will be added for each month of delinquency and the website will be "turned off from public viewing with a Splash Page stating that the website is undergoing routine maintenance. Any statement from the Client that payment will not be made in the future, then Max-Inc.com reserves the right to "turn off " the website at any given time past the actual due date. If an amount remains delinquent 60 days after its due date, all files will be removed from the server and no duplication rights or usage will be granted. In case collection proves necessary, the Client agrees to pay all fees incurred by that process. This Agreement becomes effective immediately upon website publishing and clients are encouraged to read Agreement terms carefully and thoroughly and ask questions to Max Ferman, M.Ed - Webmaster, Max-Inc.com if they should arise. Regardless of the place of reading / signing of this agreement, the Client agrees that for purposes of venue, this contract was entered into in Oakland, CA, and any dispute will be litigated or arbitrated in Oakland, CA. Please pay all invoices upon receipt through Direct Deposit to account specfied.

The agreement contained in this "Website Design Agreement" constitutes the sole agreement between Max Ferman, M.Ed.- Webmaster Max-Inc.com, its subcontractors, and the Client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for 12 months after all parties sign this contract. Continued services after that time will require a new agreement.

The total amount of this Agreement is $xxxx.xx  (or as quoted in person or email) on the Website Development Project Proposal  dated Xxxxxx xx, 200x.

This agreement begins with an initial payment of  $xxxx.xx  (or 25% as quoted in person or email)

If the Client halts work and applies by registered letter for a refund within 30 days, to the Sole Proprietor of Max Ferman, M.Ed - Web Designer, a Sole Proprietor, located at xxxxxxxx xxxxxx, phone xxx-xxx-xxxx , work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the Client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the 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. The above also applies to upfront hosting fees. No refunds for hosting will be made after 30 days unless server logs demonstrate that the website was not accessible via a standard internet browser viewable for a period more than 10%.

The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.

On behalf of the Client (authorized signature):

________________________________________________ Date ________________

 
On behalf of Max Ferman, M.Ed - Webmaster / Max-Inc.com
(authorized signature)

________________________________________________ Date ________________
Rev VII, Nov 2007

Max Ferman, M.Ed - Webmaster
XXX-XXX-XXXX
info@max-inc.com

• Website Design Client Support
  
  
• Website Planning Worksheet (.doc)
  
  
• Website Update Request Form (.doc)
  
  
• Website Update Submission Requirements
  

• NonProfit (NPO) Fee Structure
  
  
• Commercial Fee Structure
  
  
• Website Design Contract