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Network9 Website Design Agreement

SERVICES

Network9 will provide a website design for the CLIENT. The full scope of work is outlined in the Proposal.

PRACTICES

Network9 shall at all times act in a way which supports the AIGA Code of Ethics, and shall act in the Client’s best interests within the limits of professional responsibility. Network9 shall treat all work in progress as confidential.

DEVELOPMENT FEES

The fees for this project include the design of the website and any features outlined in the Proposal. Fees shown are based on the outlined scope of work.

CHANGE OF SCOPE

Any additional requests differing from the Proposal, fundamental change in the direction of the design and/or the addition of a new feature or function is defined as change of scope. Client will be notified of any impact on the schedule and budget. Design and programming changes are billed at $135 per hour. Changes made to the website after programming begins are billable.

IMAGES

The client will pay for any stock images purchased. Photo retouching will be billed hourly. Custom photography will be priced separately if required.

CLIENT REPRESENTATIVE

The Client shall appoint a sole representative as the point person with authority to provide or obtain all necessary information and approvals required by Network9.

SCHEDULE

Production and delivery schedules are outlined in the proposal and based on normal turnaround. Typically, the design phase takes 3 weeks to complete. Client agrees to provide all necessary information and approvals in a timely manner to meet project dates. Progress Reports will be presented to the client on a regular basis.

COPYRIGHTS AND TRADEMARKS

The Client represents to Network9 that any elements of text, graphics, photos, trademarks, copy or other artwork furnished to N9 are owned by the client, or that the client has permission from the rightful owner to use each of these elements.

Network9 represents to the Client that it has obtained permission from the rightful owner to use any elements of text, graphics, photos, or designs that are provided by Network9 or its subcontractors in connection with this project and are not furnished by the Client.

Network9 and any subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios. CLIENT Website will include a linked credit to Network9 in the footer of the web pages.

INTELLECTUAL PROPERTY

Marketing material (such as proposals, estimates, descriptions of processes), preliminary designs, source files, progress reports and final production material (including prelaunch websites, supporting print and social media material) are internal work products. These materials are owned solely by Network9 and are distributed to their clients and potential clients for their use only. They cannot be copied or distributed in any form without the express written consent of N9.

INDEMNIFICATION 

In no event will Network9 be liable to the Client or any third party for any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the completed website.

PAYMENT OF FEES

  • Payment Terms: A 50% deposit is required on the project start date. (Start date is the date the deposit is received). The second payment of 50% is due after the designs are approved.
  • Project Progress Reports are provided regularly to track progress and changes.
  • Checks can be made to Network9, LLC. We do accept Visa, and will send you a Credit Card form if this option is used. (Add 3% to the invoice)
  • Timing is contingent on receiving approvals and information from you. Delays in the approval process or obtaining information in a timely manner will extend the time needed to complete the project.
  • We allow for 2 rounds of changes to the design in this proposal. Additional revisions, or change of functionality are billed at $500 per each 1/2 day.
  • Any revisions to the design or functionality made after programming begins are billable hours.
  • All copy provided to Network9 must be in a word document format—edited, proofread and approved.
  • Some images will be purchased through the Shutterstock website and are provided at no charge.
  • We will fix any in-scope bugs for up to 30 days after launch.
  • One point person will be the liaison with N9 for the duration of the project. All approvals and information will be obtained by this point person.
  • Maintenance for updates needing a programmer in the future are billed at $135 per hour.
  • All information contained in this proposal is confidential and remains the property of Network9.

VENDORS AND SUB CONTRACTORS

In the course of our project, we may subcontract design, copywriting, photography, illustration, and other design services to outside vendors. These vendors are hired by and paid by Network9, and the Client may not hire them independently of Network9 for this or other future projects without the permission of Network9.

LAWS AFFECTING ELECTRONIC COMMERCE 

From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that they are solely responsible for complying with such laws.

CANCELLATION 

In the event of cancellation of this agreement, the Client shall pay a pro-rated cancellation fee for work completed. Work completed shall be billed at an hourly rate of $135, and deducted from the initial payment, the balance of which shall be returned to the client. If work has been completed beyond the amount covered by the initial payment (s), the client shall pay for all work completed at the hourly rate.

DISPUTE RESOLUTION

Any dispute arising out of this agreement shall be submitted to mediation. Client shall pay any attorney’s fees and court costs on any award of judgment in favor of Network9. Mediation and any litigation or dispute resolution must take place in the City of New York. The law and jurisdiction of the City and State of New York shall apply.

We look forward to working with you on a successful project.

Consented and agreed to by: 

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