Design Contract with Max-Inc.com
|The Design and Development Process
|Timeline for Completion
The length of time it will take to produce your course or website varies and depends on many factors. This can be discussed when you submit your items.
Any updates to a course or website must be submitted in its entirety before any project will begin. For instance, if content needs to be updated, you must submit all text and images required.
Requests for major changes while a project is in mid-process will be treated as new requests and will be re-prioritized accordingly.
A one hour consultation and quote is provided free of charge to help you determine design ideas and costs. Additional consultations or research may be requested, and will be provided at the hourly rate stated in the design contract.
Providing Max-Inc.com content for your course or website is an essential part of the 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.
|Specific Requirements Regarding the Design Process
All image and text should be provided to Max-Inc.com in the form of
Artwork File Requirements
Final Content including text, logos and photos must be provided before design process begins. We prefer to have high resolution graphics so we may use your images in the site design without compromising the quality.
Sending files as attachments to emails can be a problem. Rather than try to send files via email, we will create an online repository or workgroup online for you to upload all of your content.
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
|Site Map & Information Architecture
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 course or website. IA is usually one of the first tasks in designing a user-centered course or 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:
Note: Does not include Search Enginine Optimization (SEO) or Instructional Design.
Once a contract for course or website design is signed, the deposit has been received, and the content has been provided to the 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
Beta Site Testing
Database/Backend (not provided by Max-Inc.com)
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 course or website. All requested revisions must be e-mailed to Max-Inc.com at the e-mail address specified in the course or website design contract.
Once the design of your course or 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
course or 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).
|Macromedia Contribute / CMS System
Ideally we want to build your course or website, but have you maintain your web pages yourself. Hiring a designer to maintain your website is expensive and unnecessary. For simple maintenance tasks (editing content not stored in a database) we may recommend using a Content Management System like WordPress or Drupal.
|Section 508 Compliance and Accessibility for Users with Disabilities
If needed, for an additional charge, Max-Inc.com can ensure that your course or 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.
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 course or 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.
|2. Standard Course or Website Package Elements
Max-Inc.com includes the following elements in their Standard Ccourse or Website Packages:
|3. Standard Course or Website Packages only
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 course or website includes up to ( 10 ) static webpages. In case the Client desires additional standard course or 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 page. Custom graphics or photos beyond the allowed average of 2.3 per page 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.
|4. Client Revisions
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:
|5. Maintenance and Hourly Rate
agreement includes minor course or website maintenance to regular pages (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 pages 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 course or website is officially published to the web and all monies
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 1/2 hour increments, for all maintenance tasks over 5 minutes. Any in-person meetings between the Developer and Client to discuss course or 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.
|6. Changes to Submitted Text
Please send us your final text. Time required to make substantive changes to client-submitted text after the course or web pages have been constructed will be additional, billed at the hourly rate.
|7. Web Hosting
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.
|8. Completion Date
and the Client must work together to complete the course or website in a timely
manner. We agree to work expeditiously to complete the course or website no later
than Xxxxxx xx, 200x from Initial Contract Approval and initial 25% of Total Project Fee Deposit Paid.
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 course or website is published.
|9. Payment of Fees
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 course or website has been constructed and published according to the Client's original written specifications unless other arrangements have been agreed upon. The course or 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 course or website is completed, the course or website 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.
|10. Assignment of Project
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 course or website will meet the Client's requirements or that the operation of the course or website will be uninterrupted or error-free. The entire risk as to the quality and performance of the course or website and course or 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 the course 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.
|12. Copyrights and Trademarks
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 course or website 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
|13. Laws Affecting Electronic Commerce
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.
|14. Copyright to Courses or Websites
Copyright to the finished assembled work of courses or websites produced by Max-Inc.com is owned by Max-Inc.com / Max Ferman, M.Ed. Upon final payment of this contract, the Client is assigned rights to use as a course or website the design, graphics, and text contained in the finished assembled course or 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 design elements as examples of their work in their respective portfolios.
|15. Confidential Information
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.
|16. Design Credit
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 course or 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.
|18. Delinquent Payment of Fees
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 pages 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 course or website will be "turned off from public viewing with a Splash Page stating that the course or 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 course or 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 course or website publishing and clients are encouraged to read Agreement terms carefully and thoroughly and ask questions to Max Ferman, M.Ed, 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 San Francisco, CA, and any dispute will be litigated or arbitrated in San Francisco, CA. Please pay all invoices upon receipt through Direct Deposit or PayPall to an account specfied.
|16. Sole Agreement
The agreement contained in this "Design Agreement" constitutes the sole agreement between Max Ferman, M.Ed.- Max-Inc.com, its subcontractors, and the Client regarding this course or 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.
|17. Initial Payment and Refund Policy
The total amount of this Agreement is $xxxx.xx (or as quoted in person or email) on the Development Project Proposal dated Xxxxxx xx, 201x.
The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.