SPIDER WEB MULTIMEDIA COMPANY
This AGREEMENT is dated and in effect as of today between hereafter referred to as "Client" and SPIDER WEB
here after referred to as "Consultant". This agreement is with respect to the design of your work, hereinafter referred to as the "Work." Whereas, Consultant is a
professional 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:
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.
DESCRIPTION OF WORK:
A separate proposal will describe the work that is required of Consultant as requested by the
Client shall pay Consultant, as a deposit for project commencement.
The balance is due on completion date, or upload and/or publishing of site.
Total cost includes web design and maintenance. Maintenance will be monthly or (1) one
year. At the end of the year Client has the option to renew.
OUR REFUND & CANCELLATION POLICY
On design, you will not be charged until you approve the initial design. There are no refunds once the design has been accepted and we have begun work. Refund request amount if proven may be used for next design as credit.
Consultant agrees to deliver samples of design on dates as agreed upon in the
Proposal. Consultant will make every effort to meet agreed upon due dates. The Client should be
aware that failure to submit required information or materials may cause subsequent delays in the
production. Client delays could result in significant delays in delivery of finished work.
FEES & ADDITIONAL SERVICES:
If design is requested, Changes in client input or direction or excessive changes will be
charged $35.00 per change. Any work the Client wishes Consultant to create, which is not
specified in the DESCRIPTION section of this agreement, or in the attached proposal will be
considered an additional service. Such Work shall require a separate Agreement and payment
separate from and above that specified in this Agreement.
Client agrees to reimburse Consultant for any of the following expenses necessary in completion
of the Work: (e.g. Fonts, Messengers, Proofs, Props, Research, Shipping, Software, Stock
photography, Travel, Telephone Consultation)
ASSIGNMENT OF WORK:
Consultant reserves the right to assign other designers or subcontractors to the Work to ensure
quality and on-time completion.
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.
The Client may publish or disclose information regarding the Work and shall acknowledge the
support of Consultant in all such publications. The Client will not use the name of Consultant, in
any advertising or publicity without the prior written approval from the Consultant. The
Consultant will not use the name of Client, in any advertising or publicity without the prior
written approval from the Client.
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. However, the
Client owns rights to the domain name.
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
___________ applicable therein.
The undersigned agrees to the terms of this agreement on behalf of his or her organization