CHERFIELDS - WEBGIRL

Website Design

AGREEMENT

BY SIGNING AND VIEWING THIS AGREEMENT ON OR OFFLINE (AT WWW.CHERFIELDS.COM/WEBGIRL), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT SIGN OR USE ANY PART OF CHERFIELDS-WEBGIRL SITE DESIGNING SERVICES.
CHERFIELDS.COM AND CHERFIELDS-WEBGIRL RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. CONTINUED USE OF ANY PART OF THIS COMPANY (CHERFIELDS) CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. ACCORDINGLY, YOU SHOULD REVIEW THIS AGREEMENT AT WWW.CHERFIELDS.COM/HOME.HTML FROM TIME TO TIME TO BECOME FAMILIAR WITH SUCH CHANGES.

AGREEMENT as of DECEMBER 2008, by and between the Website Designer (Cheryl Foster) of CherFields “ WebGirl and the Client (_________________). The enticement and consideration for this Agreement is the promise by the Client to pay the Website Designer the requested starter fee for the website, which is 60%, of __________the balance. For the Website Designer services and the Designer understanding that this will comprise the Website Designer half of sole payment.
AMOUNT DUE: $______.__
Terms of Agreement
1. Authorization
Client is too engaging with CherFields, a sole proprietor, as an independent contractor for the specific purpose of developing a website and/or improving a website to be put on the World Wide Web (www/ internet). The client understands that Macromedia Flash, FrontPage, HTML, Web Template (s), Macromedia Dreamweaver, Macromedia Fireworks, i.e. or a combination of them all and other software will and/or maybe used to design the website, as the Website Designer sees fit.
2. Note: The Website Designer (Cheryl Foster) dose not design Porn websites and will not allow any Pornography, Sexually explicit pictures, writing, or other material including links to such sites on the World Wide Web by or under the company name.
Hereafter the Client named above will be known as the ˜Client and CherFields Website Designer Ms. Cheryl Foster as ˜Website Designer.
3. Text
The Client should supply text unless otherwise noted by Website Designer. Any text that is not formatted on to a disk and must be hand typed by the Website Designer will be charged a maintenances fee. The client will have to pay as follow. 1 to 100 words $10.00 and 5cents each additional word after, but not over 10 additional words. 101 to 200 words $25.00 and 5cents each additional word after, but not over 15 additional words.
4. Standard Hosting
It is agreed that this account will be hosted under CherFields, 1and1 Internet, Go Daddy or Yahoo, with CherFields - WebGirl owner Ms. Cheryl Foster as the Affiliate and/ or Payment Collection. In the opinion of the Website Designer; the Host Provider offers superior service and affordable value. The Company is consistently ranked as one of the top ten Host Providers in the nation. Website Designer will secure this account on behalf of the Client. The hosting fees can be as low as $4.99 a month and no higher than $11.99 per month with one domain name. A full 6 months of hosting is to be paid every 6 months from the date Client site is completed. Payments will be accepted by Credit Card in Pay Pal account or by mail to Company address in the form of Cashier Check, or Money Order. NO personal check.
4.1____ The Client may secure their own hosting account independently, yet doing so will also main that the clients website will not be uploaded to the web (www) thru the website designer personal software/ server which supports FTP and other coding. If client wish to pay and manage their own hosting, they will have to provide the Website Designer with their personal hosting account information (user id # and password) in order for the Website Designer to upload their design website to their hosting companys server and file manager.

5. Domain Registration
The Website Designer will secure a domain name (www.companyname.com) for the client at the clients request. All charges incurred in doing so will be billed to the Client as an addition to the base price contemplated by this agreement. These are Domain name fees, and are not a source of income for the Website Designer. In some cases the first Domain Name is free with a hosting package “ (1 and 1 internet affiliate program or Go Daddy). If the Client already has a domain name, the Website Designer will coordinate redirecting the address to the new host. Should the Client desire a specific domain name the Website Designer must undertake which another party and negotiations for said domain name already own, additional charges may apply. The Client will be contacted in advance before any negotiations of this nature are undertaken or charges are incurred.
6. Training
The Website Designer will not and does not provide any training to the client regarding management of the Clients website. (This is something that will be offer later, but not at this time due location, space, tutors, and other requested needs to provide the best training to for fill the client learning.)
7. Maintenance Agreements
Maintenance done to the Clients website such as updates, changes, inputs, images and any kind as well as all others, basic and non-basic done to the Clients website by request of client, there will be an hourly or per-page fee charge. Maintenance how every is Free for new Clients for the first week of receiving the web design service, this is to make such changes that the client would like to be done once they have viewed their finished website. For Maintenance Breakdown Fees (MBF), the client may request for a MBF by email or post mail (a 2.00 fee will apply with post mail.)
8. Graphic Creation
It is anticipated that the Website Designer will create, capture or receive from the Client all the graphic elements necessary to complete the Client's website. This includes ancillary images, animated graphics and. This also includes photography or scanning services as listed below. This contract does not contemplate, however, the creation of banner advertisements.
9. Scanning
This agreement contemplates scanning up to 10 images for the Client. It is contemplated that this will accommodate the needs of most Clients. If more than 10 images need to be scanned the charge for each will be $6.00 after the 10-image allowance has been reached.
9.1 Image (s): Client must enclose image (s) that they want to be shown on the website that is being designed for them. To find or search for images, there will be a $7.00 hourly charge.
10. Merchant Account
If the Client's web site requires the ability to accept credit cards, the Client will need a Pay Pal Account. The Client understands that any charges necessary to secure the Pay pal Account are not covered by this agreement. Also visit www.paypal.com for more information on accounts and more. To make your website acceptable to receive payments using your pay pal account, the first four (4) buttons insures are free then you will be charged 1.50 for each additional button. Including any maintenance needed to add or delete buttons.
11. Payment Terms / Work Flow
A minimum deposit of fifty percent (60%) is required to commence work.
Once the Website Designer basic receives the 60% deposit site design concepts will be put online for the Client's viewing and approval. The Client is or can be crucial during this phase to ensure that the ultimate publication will match the Client's taste and needs. Upon completion of this stage, the Client will be asked to confirm acceptance for the basic site design via e-mail or by signing a printed copy of the design. Once this acceptance is received from the Client, the work necessary to complete the project will begin.
Authors should continue, however, to continually view updates to the site and express their preferences or dislikes to the Website Designer. Upon completion of the website, an e-mail or letter and invoice will be sent to the Client advising the Client that the work has been completed. Final payment of the remaining 40% balance plus any additional charges incurred will be due within ten (10) business days after delivery of an e-mail or letter and invoice. If the ten (10) day minimum is not met an additional charge of 15% is due. If payment is not made within thirty (30) days of notification, simple interest will accrue on the balance owed at a rate of 21% from the date the 15% penalty was levied.
Website Designer reserves the right to remove all web content from the Internet if payment is not made within ten (10) days after delivery of our completion notification. Most frequently, problems making payment timely are the result of poor communication channels in a company's Accounting Department. If a payment delay is anticipated, please contact the Website Designer to discuss potential problems in advance. If problems are anticipated we may be able to accommodate an alternate arrangement.
In some cases there can be payment arrangements available, yet this dose not include any specials seen in ads, internet, flyers, word of mouth, or i.e..
12. CD Burning.
The Website Designer will burn one copy of the Client's website into a CD or to their own Personal USB Pin formatted at the Client's request upon completion of the site and the cost will be $1.00. Additional copies of the CD or Personal USB Pin are available for $15.00 each.
13. Search Engine Registration
The Website Designer will optimize the Clients website with appropriate titles, keywords, descriptions and text which can be given by the client. There after submit the Client's website to each of the major search engines and directories including Yahoo, using Hello Engines Professional software by 1 and 1 Internet and or other as the Website Designer sees fit. CherFields “ WebGirl dose not guarantee the clients place or to be at the top of any search engines on the Internet. The Website Designer encourages all commercial Clients to obtain advanced Search Engine Optimization and Site Promotion services.

13.1____ This part of the agreement is for marketing and advertisement of Clients website. Free search engines submissions online and in other parts of the Internet that I see and feel is fit what the client website business has to offer. I do not and am not guarantee the results of this part of the service to the client of their website, for results may and will very when using free tools. If the client would like paid marketing to be done for the website, they may put in a new request at anytime. Also note that this part of the agreement is only valid of the client puts an ˜X on the line by the ˜13.1 that starts this paragraph.

14. Assignment of Project
The Website Designer reserves the right to assign certain subcontractors to this project to insure the right fit for the job as well as on-time completion. The Website Designer warrants all work completed by subcontractors for this project. When subcontracting is required, the Website Designer will only use industry recognized professionals.
15. Additional Expenses.
Client agrees to reimburse the Website Designer for any critical Client requested expenses necessary for the completion of the project. Examples would be:

Purchase of specific fonts at the Client's request,
Purchase of specific photography at the Client's request.
Purchase of specific software at the Client's request.

16. Age
Authorized representative of the Client certifies that he or she is at least 18 years of age and legally capable of entering a contract in the State of Michigan on behalf of the Client. Any person under the age of 18 must have a parent or legal guardian read, understand and sign as second party to the agreement with them (the Child). This means 2 signers (child and parent or legal guardian).
17. Limited Liability
Author agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the web Hosting Service, the Host Server or the Website Designer. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy.
Client hereby agrees to indemnify and hold harmless the Website Designer from any claim resulting from the Client's publication of material or use of those materials.
It is also understood that the Website Designer will not publish information over the Internet, which may be used by another party to harm another. The Website Designer will also not develop a pornography or wares website for the Client. The Website Designer reserves the right to determine what is and is not pornography.
18. Indemnification.
Client agrees that it shall defend, indemnify, save and hold the Website Designer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with the Website Designer development of the Client's website. This includes Liabilities asserted against the Website Designer, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns.
Client also agrees to defend, indemnify and hold harmless the Website Designer against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client's website. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
19. Laws Affecting Electronic Commerce.
The Client agrees that it is responsible for complying with the laws, taxes, and tariffs related to e-commerce, and will hold harmless, protect, and defend the Website Designer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's use of Internet electronic commerce. Author also understands that the Website Designer cannot provide legal advice.
20. Ownership to Web Pages and Graphics.
Copyright to the finished assembled work of web pages produced by the Website Designer and graphics shall be vested with the Client upon final payment for the project. This ownership is to include, design, photos, graphics, source code, work-up files, text, and any program (s) specifically designed or purchased on behalf of the Client for completion of this project.
21. Design Credit.
Client agrees that the Website Designer may put a byline on the bottom of their index. html or main. html web page and other pages establishing design and development credit. Client also agrees that the website created for the Client may be included in the Website Designer portfolio.
22. Nondisclosure.
The Website Designer, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about the Website Designer to another party.
23. Author Referral Commission Program.
The Website Designer recognizes 'word-of-mouth' advertising as our most favorable method of developing new business. As such, we want to reward customers who are pleased with our work and refer us to another individual, business, or organization.
If you refer our services to another party and we ultimately establish a contract with that party, we will provide you, the Client, with two months of free maintenance service. For Clients who regularly help us attract new clients, this can result in one month (s) free Hosting.
23.1 Marketing Myspace page and/or Website:
A.____ This part of the agreement is for the start and setup of a Myspace page that I (C. Foster) will setup and start marketing and advertisement for you to build up a friends list on www.myspace.com. I will use marketing tools that I feel is best to work to get friends added to the clients Myspace page. I do not and am not guaranteeing the results of this part of the service to the clients Myspace page, for results may and will very. I do not guarantee the number of friends that you will have added to your Myspace page, for it is up to the other Myspace member in the community to add the client as a friend. I will submit friend requests to people that have or want to work online and /or have some type of business, work at home or networking interest. This is a one-setup and friend submission. This part of the service is a different price from the web service is a different price from the website design service and is set at a cost of $_________, which will and can total the clients final cost for said website services. If the client would like more marketing done for their Myspace account/ page that was setup for them by the Website Designer (C. Foster). They may put in a new request at anytime, by contacting the Website Designer by phone or email. Also note that this part of the agreement is only valid of the client puts an ˜X on the line by the ˜A. of 23.1 that starts this paragraph.
23.2 ______ Stat-Counter:
This part of the agreement is for an Invisible Stats Counter (Stat-Counter) that hides behind your WebPages and gives detail information about your website visitors. More Information about this can be given to the Client by request of the Client. Also note that this part of the agreement is only valid of the client puts an ˜X on the line by the 23.2 that starts this paragraph.
24. Completion Date.
The Website Designer and the Client must work together to complete the website in a timely manner for both parties to remain profitable.
25. Cancellation.
Cancellation of the project at the request of the Client must be made by certified letter, in the event that work is postponed or canceled at the request of the Client by registered letter, the Website Designer shall have the right retain the original 60% deposit. In the event this amount is not sufficient to cover the Website Designer for time ($45 per hour) and expense already invested in the project additional payment will be due. If additional payment is due, this will be billed to the Client within 10 days of notification via registered letter to stop work. Final payment will be expected under the same terms as listed in Article 11 above.
26. Copyrights and Trademarks
The Client represents to the Website Designer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Website Designer for inclusion in the Client's 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 the Website Designer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client. Any text, images, photos, designs, i.e. that is provide by the Website Designer is hereby owned and is the property of the Website Designer.
27. Arbitration.
Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon Arbitrator suitor pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Author shall pay all arbitration and court costs, reasonable attorney's fees and legal interest on any award or judgment in favor of the Website Designer.
28. Entire Understanding.
This contract and the Appendices attached thereto constitute the sole agreement between the Website Designer and the Client regarding this project, the understanding of this agreement Article 1-28 above (pages 1-7). It becomes effective only when signed by both parties. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and the Website Designer. Both parties warrant that they have read and understand the terms set forth in this agreement. This agreement has been created by the owner of CherFields P & S / CherFields-WebGirl, Ms. Cheryl Foster and is copyrighted. If any part of this agreement is used in any way without the sign and written permission of the owner (Cheryl Foster), Ms. Foster has the right to file a lawsuit against you with fines you to $2,500 or more.
29. Termination: Due to lack of response and /or payment failure: CherFields-WebGirl owner Cheryl Foster reserves the right to discontinue the Clients hosting services for their website to the world wide web (www/internet) due to lack of non-payment of hosting services, web maintenance, updates done to Clients website, non-response to telephone call, email and missed set appointment (s) regarding non-payment of hosting services and/or web maintenance, updates done to Clients website. The client will be given three notifications of payment request by phone and or email with a 10 days grace period to response before termination action will be taken. Termination actions can and will take place without clients knowledge or consent.
30. Termination Two/ Rights Reserves: Upon termination date, which is recorded by Website Designer (Cheryl Foster) and owner reserves the right to cancel completely the web hosting services with the hosting that was chosen to be used for the Clients website or use the hosting services for another Client or self as seen fit by Ms. Foster. The Domain Name (www.clientsname.com) is the temporary property of the Client until the full ownership of their Domain Name. If this action has not been taken within 6 months or before the yearly renewal date of the Domain Name, ownership and property will then be given to Website Designer (Cheryl Foster). If the signed this agreement subject Domain Name.

31. CherFields P& S is also a Cherthis.com company.

This agreement shall be governed and construed in accordance with the laws of the State of Michigan and all other 49 states in the U.S. and Canada.

NOTE:

Last updated, December 10, 2008

Thank you for choosing CherFields -WebGirl. SIGN:
SIGN: Client (                           ) ________________________________ DATE_______
....................Print Name                                        Sign
Website Designer (Cheryl Foster) _______________________________DATE__________                                                                             Sign

END

THE WEBGIRL

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