The client is engaging Moonbird Design, LLC. as an independent contractor for the specific project of developing and/or improving a website to be installed on the client’s provided hosted account. The client hereby authorizes Moonbird Design, LLC. to access this account, and authorizes the Internet Service Provider to allow Moonbird Design, LLC with “write permission” for the client’s web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes Moonbird Design, LLC to submit their completed website to Web search engines.
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 Moonbird Design, LLC full access to the website via FTP.
Changes to Submitted Text
Time required to make substantive changes to client-submitted text after the Web pages have been constructed will be additional, billed at a per instance basis.
Copyrights and Trademarks
The client represents to Moonbird Design, LLC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Moonbird Design, LLC for inclusion in Web pages 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 Moonbird Design, LLC and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Copyright to Web Pages
While your site is in development Moonbird Design owns the Copyright to all pages. Once your site is completed and you have paid the balance of your invoice the copyrights are then transferred to you. The only clause is that Moonbird Design, LLC does not permit you to resell our work without consulting us first.
Assignment of Project
Moonbird Design, LLC reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
Post Placement Alterations
Moonbird Design, LLC cannot accept responsibility for any alterations made by third parties to the client’s pages once placed. Such alterations include, but are not limited to, additions, modifications, or deletions.
Refusal to Service
Moonbird Design, LLC reserves the right to refuse service for any material that Moonbird Design feels is not legal, moral or in the best interest of Moonbird Design, LLC but Moonbird Design, LLC is not responsible for the content of any materials.
Errors and Omissions
Moonbird Design, LLC will use good faith to ensure pages authored by Moonbird Design, LLC are free of errors however, Moonbird Design, LLC may not be held responsible for any errors that may arise in the course of authoring any pages. Moonbird Design, LLC does not accept any liability for losses or damages arising from errors within any page or if web search submissions are not accepted. It is the client’s responsibility to proof their own pages for errors and inform Moonbird Design, LLC of those along with any changes in layout requested by the client. This process must begin immediately after the pages are posted to the web host for the client to view. Moonbird Design, LLC will correct minor text changes at no charge for 30 days from the date the site is posted to the web hosts’ server. After 30 days, changes will be charged on a per instance basis.
Payment of Fees
Payment to Moonbird Design, LLC is due and payable on the following schedule. 33% half upon agreement, 33% after approval of preliminary design, and 33% upon project completion. Advertising the pages to web search engines occur only after the final payment is made. All payments will be made in US funds. Payments must be made promptly. Delinquent bills will be assessed a $25 charge if payment is not received by the due date. If an amount remains delinquent 30 days after its due date, an additional 10% penalty will be added for each month of delinquency. Moonbird Design, LLC reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process (including all attorneys’ fees and court costs).
Either party may cancel this agreement upon written notification, however any charges incurred to the date of receipt of notification shall be immediately due and payable. Charges shall be for any work in progress, contracted services fees, or software purchases for the purpose to suit the client’s needs.
Notwithstanding anything to the contrary contained in this contract, neither Moonbird Design, LLC nor any of its employees or agents warrants that the functions contained in this web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of this web design project is with the Client. In no event will Moonbird Design, LLC 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 inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor’s computer or internet software, even if Moonbird Design, LLC has been advised of the possibility of such damages.
Moonbird Design, LLC reserves the right to append a small hyperlink to Moonbird Design, LLC’s home page at the bottom of each page unless the client specifically requests in writing, signed & dated by both parties.
The agreement contained in this document constitutes the sole agreement between Moonbird Design, LLC 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 six (6) months after both parties sign this contract. Continued services after that time will require a new agreement.
Moonbird Design, LLC and the client must work together to complete the website in a timely manner. If the client does not supply Moonbird Design, LLC complete text and graphics content on all web pages contracted for within four 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 one month after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is advertised.
Initial Payment, Cancellation and Refund Policy:
If the client halts work after this agreement is signed the initial payment will be returned less the amount due based on the current hourly rate for the work completed, or $99.00, the greater of the two. Cancellation must be in writing and is effective upon receipt at Moonbird Design, LLC. Notice must be mailed or e-mailed to Moonbird Design, LLC. Work completed shall be billed the current hourly rate. If at the time of the cancellation work has been completed the client shall be liable to pay the entire contract.
The user of this site agrees to the terms 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.