Our desire is to delight the client. One way is to make clear our understandings with each other. These are the terms of our Agreement together:
1. Authorization. The above-named client is engaging Centro Click, , located at 130 elodie way, San Jose CA 95116, an independent contractor for the specific project of developing and/or improving a World Wide Web site to be installed/maintained on the providers Web space on an Internet Service Provider's (ISP) or Web Presence Provider’s (WPP) computer.
The client may also authorize Centro Click to establish a Web hosting account. Client may provide The client further authorizes Centro Click to publicize their completed Web site to Web search engines as determined by the package chosen.
2. Web Site Package Elements. includes the following elements in this package:
Centro Click will establish a Windows Hosted Web Provider with the following: 100 MB Web Storage, 10 GB Monthly Bandwith, four POP E-Mail Accounts, Unlimited Mail Aliases/Forwards, Pre-installed CGI Scripts, Custom CGI Scripts Allowed, Custom Control Panel, 1 Year of Web Hosting, Complete Setup, Domain Name.
3. Development. This Web design project will be developed using a variety of tools and software It will be designed to be optimally installed on a WWW server that supports FrontPage server extensions. While Centro Click will make every effort to design a fully functional Web site, we cannot ensure compatibility with all browsers, text-based browsers or requested special effects that we have advised you against. Centro Click represents and warrants to Client that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this Agreement; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. Client will not determine or exercise control as to general procedures or formats necessary to have these services meet client's satisfaction.
4. Assignment of Web design project. Centro Click reserves the right to assign subcontractors to this Web design project to ensure that the terms of this agreement, as well as on-time completion, are met, however no subcontractors are normally utilized.
6. Web Hosting. If the client currently does not have a host, Centro Click will establish an account with the host and the costs will be included in the total package by Centro Click for a period of one year.
7. Completion Date. The Web site development will be completely by __________________.
Total Web Design Package per this Contract: ________________ annual or monthly
9. Payment of Fees. Centro Click reserves the right to remove any Web design/project 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. This agreement becomes effective only when signed by Centro Click. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this agreement was entered into in _______________, _________). All payments will be made in U.S. funds.
9. Limits and Liabilities. Centro Click does not warrant that the functions contained in the completed Web pages or the Internet Web site will meet the client's requirements or that the operation of the Web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web pages and Web site is with the client and the Internet Service Provider / Web Presence Provider. In no event will Centro Click be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Web pages or Web site, even if Centro Click has been advised of the possibility of such damages. Under no circumstances, including negligence, shall Centro Click, its officers, agents or anyone else involved in creating and producing, services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Web pages or Web site; 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 Client’s records, programs or services. Client maintains sole responsibility for data backups and restoration. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
10. Copyrights and Trademarks. The client represents to Centro Click and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Centro Click by the client 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 Centro Click and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
11. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet 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 Centro Click and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
12. Sole Agreement. This Agreement constitutes the sole agreement between Centro Click and the client regarding this Web site. 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 1 (one) year after both Parties sign this contract. Continued services after that time will require a new agreement, except as noted above.
The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.
On behalf of the client:
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