JSL Interactive Design

DESIGN CONTRACT

 

CONTACT INFORMATION:

Contact Name:

Phone:

Cell Phone:

Company/Client:

Address:

E-mail address:

 

TERMS OF AGREEMENT

• Definition of Terms
• JSL INTERACTIVE : Owned and Operated by Jonathan Scott Lutz
• CLIENT :
• ISP : JSL Interactive Design
• CONTRACT : This agreement signed by both parties
• Authorization
• The above named CLIENT is engaging JSL INTERACTIVE, as an independent contractor for the specific project of developing and/or improving a Design Project, to be printed by the CLIENT’s printer of choice, or for a website to be installed on the CLIENT’s web space located on a Hosting Companies computer. The CLIENT hereby authorizes JSL INTERACTIVE to access this ISP account, and authorizes the ISP to provide JSL INTERACTIVE with any necessary "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 JSL INTERACTIVE to publicize their completed website to Web search engines, as well as other Web directories and indexes. CLIENT also approves JSL INTERACTIVE to create and submit to printer of choice all completed works approved by CLIENT. 

Warranties

• JSL INTERACTIVE represents and warrants to the CLIENT that it has the experience and ability to perform the services required by this CONTRACT; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this CONTRACT; and that its performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. However, CLIENT will not determine or exercise control as to general procedures or formats necessary to have these services meet CLIENT’s satisfaction.
• The CLIENT represents and warrants to JSL INTERACTIVE that it will provide CLIENT Materials as required in a professional, competent and timely manner; that it has the power to enter into this Agreement on behalf of CLIENT; and that its performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. 

Standard Website Design/Interactive Services

The standard website/interactive development as defined through JSL INTERACTIVE is as follows:

• E-mail/phone consultation. (Initial planning/development consultation is free)
• Number of Pages Determine in initial consultation. All additional pages produced beyond the agreed amount is subject to the hourly design rate of $40 per hour.
• All extra features such as forms, ecommerce buttons, database development, animations, etc, are agreed upon during the initial agreement. Any features needed beyond the agreement are billed at the hourly rate of $40 per hour.
• Website Maintenance is offered to the client following completion of their website project. Website Maintenance can be obtained at any time, and is agreed upon by the CLIENT and JSL INTERACTIVE. JSL INTERACTIVE has the right to change Website Maintenance prices without any prior notification to the CLIENT.

 

Standard Graphic/Identity Design Services

The standard graphic/identity development as defined through JSL INTERACTIVE is as follows:

• E-mail/phone consultation. (Initial planning/development consultation is free)
• Initial agreement is planned during consultation, and any work beyond that point is charged at the design rate of $35 per hour.
• Number of design Concepts are decided upon during the initial contract and all additional concepts are billed at $35 per hour.
• All Graphic Design PRINTER’s are chosen by the CLIENT, and JSL INTERACTIVE can not be held liable or accountable for any mistakes to graphic projects once they have been placed in the control of the PRINTER

 

Standard Photography Services

The standard photography development as defined through JSL INTERACTIVE is as follows:

• E-mail/phone consultation. (Initial planning/development consultation is free)
• All product photography shipping and handling is the responsibility of the CLIENT, this includes Shipping from the CLIENT to JSL INTERACTIVE, and shipping from JSL INTERACTIVE to the CLIENT. JSL INTERACTIVE is not responsible or liable for products or packages damaged or lost during shipping.
• JSL INTERACTIVE offers photography services to businesses that it deems within driving distance of its main office. JSL INTERACTIVE reserves the write to alter the desired driving distance of its photography services, without any prior notice to the CLIENT.
• All images provided by the CLIENT to JSL INTERACTIVE is the responsibility of the CLIENT, to make original copies for their records. JSL INTERACTIVE is not responsible for making copies of CLIENT photographs  

Fees.

• JSL INTERACTIVE will execute all designs as specified by the CLIENT requirements as terms of this CONTRACT to and incorporated in this CONTRACT. In case the CLIENT desires additional design work beyond the original number specified, the CLIENT agrees to pay JSL INTERACTIVE $40.00 per hour for all website/interactive work and $35.00 per hour for all graphic/identity work. All additional photography services are billed at $30.00 per hour.

Payment.

• All services agreed to in this CONTRACT, shall be sold for the price specified at the end of this document. Payment shall be made online through PayPal or by check or money order. All checks or Money Orders should be made out to “Jonathan Scott Lutz.”

Payment Terms.

• A minimum deposit of fifty percent (50%) of the design cost is required up front. Client is responsible for supplying JSL INTERACTIVE with the upfront cost of website hosting and domain registration if required by the CLIENT. The website or graphic design will then be put online on a draft directory on JSL INTERACTIVE’s website for the CLIENT’s viewing. During this proofing stage, typographical errors, design changes, and other corrections will be made according to the instructions of the CLIENT. Payment for the project must be made in full before the website or files will uploaded or submitted to the CLIENT or PRINTER. CLIENT is responsible for making full payment of printing costs, if CLIENT wished for JSL INTERACTIVE to purchase and submit pages for printing. JSL INTERACTIVE is not responsible for any additional fees that PRINTERS may charge. 

Completion Date.

• JSL INTERACTIVE and the CLIENT must work together all projects in a timely manner. Much of this depends on receiving the appropriate images and text from the CLIENT. We agree to work expeditiously to complete the desired project in a professional and timely fashion.

Assignment of Project.

• JSL INTERACTIVE reserves the right to assign subcontractors to this project if complex programming is to be required, and if necessary for the project to be completed on-time. JSL INTERACTIVE will be responsible for the final results of the project. 

Additional Expenses.

• Client agrees to reimburse JSL INTERACTIVE for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

Additional Services.

• Any revisions, additions or redesign CLIENT wishes JSL INTERACTIVE to perform not specified in this document shall be considered "additional" and will require a separate Agreement and payment.

Copyrights and Trademarks.

• The CLIENT represents to JSL INTERACTIVE and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to JSL INTERACTIVE 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 JSL INTERACTIVE and its subcontractors from any claim or suit arising from the use of such elements furnished by the CLIENT.

Age.

• Client certifies that he or she is at least 18 years of age.

Limited Liability.

• CLIENT hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server nor will it be unethical or abusive toward the PRINTER of choice. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.
• CLIENT hereby agrees to indemnify and hold harmless JSL INTERACTIVE from any claim resulting from CLIENT’s publication of material or use of those materials. CLIENT hereby agrees to indemnify and hold harmless JSL INTERACTIVE in any claim resulting from the submission of illegal materials.
• If JSL INTERACTIVE shall acquire an Internet Domain Name on behalf of the CLIENT, then in such case CLIENT hereby waives any and all claims which it may have against JSL INTERACTIVE, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by JSL INTERACTIVE for any reason.
• Under no circumstances, including negligence, shall JSL INTERACTIVE, its offices, agents or anyone else involved in creating, producing or distributing it’s services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use JSL INTERACTIVE’s services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to JSL INTERACTIVE’s records, programs or services. Client maintains sole responsibility for data backups and restoration. CLIENT hereby acknowledges that this paragraph shall apply to all content on JSL INTERACTIVE’s services.
• Notwithstanding the above, CLIENT’s exclusive remedies for all damages, losses and causes of actions whether in CONTRACT, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this CONTRACT and any reasonable attorney’s fee and court costs.

Indemnification.

• CLIENT agrees that it shall defend, indemnify, save and hold JSL INTERACTIVE harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, ("Liabilities") asserted against JSL INTERACTIVE, 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 CLIENT, its agents, employee or assigns. CLIENT agrees to defend, indemnify and hold harmless JSL INTERACTIVE against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with JSL INTERACTIVE’s service, any material supplied by CLIENT infringing on the proprietary rights of a third party, copyright infringement, and any defective product which CLIENT has sold in the Web Design.

Laws Affecting 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 JSL INTERACTIVE and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT’s use of Internet electronic commerce.

Copyright to Web Pages.

• Copyright to the finished assembled work of Web pages produced by JSL INTERACTIVE is owned by JSL INTERACTIVE . Upon final payment of this CONTRACT, the CLIENT is assigned rights to use as a website the design, graphics, and text contained in the finished assembled 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. JSL INTERACTIVE and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. JSL INTERACTIVE also retains the right to use downloaded stock photography or additional design work required by said CLIENT or additional CLIENT’s.

Authorship Credit.

• Client may select that JSL INTERACTIVE includes a byline and link on the bottom of their Web Page establishing authorship credit. This byline is upon agreement by both CLIENT and JSL INTERACTIVE and must be removed at any time upon written request by JSL INTERACTIVE.  

Non-Disclosure.

• JSL INTERACTIVE , its employees and subcontractors agree that, except as directed by Client, it will not at any time during or after the term of this CONTRACT disclose any Confidential Information to any person whatsoever. 

Cancellation.

• In the event that work is postponed or cancelled at the request of the CLIENT by registered letter, JSL INTERACTIVE shall have the right to bill CLIENT for work completed through the date of that request, while reserving all rights under this CONTRACT. 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 JSL INTERACTIVE and JSL INTERACTIVE shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment. 

Refund Policy.

• If the CLIENT applies by a registered letter for a refund within 7 days of signing this CONTRACT, work already completed shall be billed at the hourly rate of $40.00 for web/interactive design work, and $35.00 for graphic/identity work, and deducted from the initial payment. If the work that has been completed is beyond the amount covered in the initial payment, the CLIENT shall be liable to pay for all work completed at the stated hourly rate. Photography services are non-refundable.

Arbitration.

• Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this CONTRACT shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon Arbitrator 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 Client shall pay all arbitration and court costs, reasonable attorney’s fees and legal interest on any award or judgment in favor of JSL INTERACTIVE.

Payment of Fees.

• In order for JSL INTERACTIVE to remain in business, payments must be made promptly. Invoices are due upon receipt. Delinquent bills will be assessed a $20.00 charge if payment is not received within 10 days of 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. JSL INTERACTIVE reserves the right to remove Web pages from viewing on the Internet until final payment is made. JSL INTERATIVE also reserves to right to obtain complete ownership of all created materials for the CLIENT by JSL INTERACTIVE design, if payment is not made. In case collection proves necessary, the CLIENT agrees to pay all fees incurred by that process. This CONTRACT becomes effective only when signed by JSL INTERACTIVE. Regardless of the place of signing of this CONTRACT, the CLIENT agrees that for purposes of venue, this CONTRACT was entered into in Shenadoah County, VA, and any dispute will be litigated or arbitrated in Shenandoah County, VA. Please pay on time to avoid any lengthy legal disputes.

Entire Understanding.

This CONTRACT constitutes the sole agreement between JSL INTERACTIVE and the Client regarding its Design Services. It becomes effective only when signed by both parties. This CONTRACT shall be governed and construed in accordance with the laws of the State of Virginia. The parties agree that if any part, term, or provision of this Agreement shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected thereby.

 

The undersigned agrees to the terms of this CONTRACT on behalf of his or her organization or business.

On behalf of the CLIENT:

Date:

 

On behalf of, and as member of, JSL INTERACTIVE:

Date: