Website Design CONTRACT

Used in conjunction with the Website Planning Worksheet

Contact Name _________________________________

Phone __________________ FAX __________________

Company _____________________________________

Address _______________________________________

______________________________________________

City _____________ State ____ ZIP ______ Country ___

E-mail address _________________________________

Present WWW URL (if any):

______________________________________________

Username ________________________ Password ____________________________

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 NewWebby Web

Solutions, a sole proprietor, located at ___________________________________, an
independent contractor for the specific project of developing and/or
improving a World Wide website to be installed on the client's web space on
a web hosting service's computer. The client hereby authorizes NewWebby
Web Solutions to access this account, and authorizes the web hosting service
to provide NewWebby Web Solutions with "write permission" for the client's
webpage directory, cgi-bin directory, and any other directories or programs
which need to be accessed for this project. The client also authorizes
NewWebby Web Solutions to publicize their completed website to Web search
engines, as well as other Web directories and indexes.
2. Standard Website Package Elements. (For Standard Website
Packages Only. Cross out for online stores.) NewWebby Web Solutions
includes the following elements in their Standard Website Packages:

• NewWebby Client Support Portal (Up to 2 hours total general

Internet orientation education, marketing strategy, Web design
consultation, and helping clients learn to use their own webpage editor.
Telephone long distance charges are in addition to package rates quoted.
Additional education and consultation is at our hourly rate.)
• Words of text supplied by the client (200 words per page approximate
maximum if not supplied via data storage device. Web pages of more
than 1,200 words of text may be subject to additional fees, especially if
they require a great deal of formatting.)
• Links to external pages, up to an average of 5 per page.
• Custom Graphics Package. First Page graphics (simple custom graphic
incorporating company logo). Top-of-page graphic for all other pages in
your website. Colorful lines and bullets, and colored and textured
background.
• Photos and other misc. graphic images supplied by client (up to an
average of 2 included per page in standard websites and "regular" online
store pages, in addition to banner and top-of-page graphic. Color
originals larger than 5" x 8" are extra).
• Installation of webpages on the client's web hosting service.
• Minor updates and changes to existing webpages for six months,
subject to the limits outlined below. Additional changes billed at hourly
rate. For online stores, this includes only "regular" pages, not product
pages or the ordering system pages.
• Site publicity to at least a dozen major Web search engines, such as
Google, Yahoo, AltaVista, InfoSeek, WebCrawler, Lycos, HotBot, MSN, etc.
• E-mail response link on each webpage to any e-mail address the client
designates.
• Feedback or guest book form (Basic CGI program included. Includes
up to 20 fields. Extra charges may be incurred if the client's web hosting
service does not use a Unix operating system. Not included in the
package price for sites smaller than 6 pages. This is not included in
online stores, since the shopping cart software is a functional
equivalent.)
• Image Map for internal navigation (Not included in the package price
for sites smaller than 6 pages.)

Not included in Standard Package but available:

• Content Management System includes our custom design of the
homepage template plus the set-up of the CMS system for a text-
 updatable website. Using a CMS for larger websites will generally work
out much cheaper. The price of a CMS website is 30% of the website
cost.
3. Standard Website Packages only. (Cross out this section for online
stores.) The content of the webpages will be supplied by the client and
executed as specified by the client in the "Website Planning Worksheet"
dated _______________. This website includes up to ___________ webpages. In
case the client desires additional standard webpages beyond the original
number of pages specified above, the client agrees to pay Wilson Internet
Services an additional $_______ for each additional webpage. Graphics or
photos beyond the allowed average of 2 per webpage shall be billed at an
additional $_____ each. Where custom graphic work (beyond the scope of the
"Custom Graphics Package" detailed above) is requested, it will be billed at
the hourly rate specified below. The store size and additional services, and
prices of each are detailed on the attached estimate.

4. Online stores only. (Cross out this section for Standard Website
Packages.) The text and graphic content of the webpages will be supplied by
the client and executed as specified by the client in the "webpage Planning
Worksheet" dated _______________. and the Store Planning Worksheet dated
_____________. It is understood that total prices calculated below are likely to
vary from the final amount due to different quantities of products,
categories, photos, regular pages, etc. in the final store. An Estimate from
NewWebby Web Solutions dated ____________ is attached to this document
and governs the prices for this contract. Notwithstanding any prices listed in
literature or on webpages, the client and New Webby Web Solutions agree
that the services described above in this section shall be completed for
$__________________ and upon this amount the first payment shall be
determined. The final payment shall reflect and include all elements actually
completed at the prices attached.

We include Web design initial consultation and a client tutorial in

learning to use the CMS software(if any). Telephone long distance
charges are in addition to package rates quoted. *Additional
education and consultation is at our hourly rate of $35.00.

Product webpages, products, or photos added after the store is ready for
advertising to the Web search engines will be calculated for actual time
spent at the hourly rate specified below.

5. Maintenance and Hourly Rate. This agreement includes minor

webpage maintenance to regular webpages (not store product pages) over a
six-month period, including updating links and making minor changes to a
sentence or paragraph. It does not include removing nearly all the text from
a page and replacing it with new text. If the client or an agent other than
NewWebby Web Solutions attempts updating the client's pages, time to
repair webpages will be assessed at the hourly rate, and is not included as
part of the updating time. The six-month maintenance period commences
upon the date the client signs this contract.

Changes requested by the client beyond those limits will be billed at the
hourly rate of $ _________. This rate shall also govern additional
work authorized beyond the maximums specified above for such services as
general Internet orientation education, marketing consulting, webpage
design, editing, modifying product pages and databases in an online store,
art, photo, graphics services, and helping clients learn how to use their own
webpage editor. Database programming charges (if any) are not included in
this rate.

6. Changes to Submitted Text. Please send us your final text. Time

required to make substantive changes to client-submitted text after the
webpages have been constructed will be additional, billed at the hourly rate.

7. Web Hosting. The client agrees to have New Webby Web Solutions as it’s
web hosting service provider, which allows NewWebby Web Solutions full
access to the website and the route directory via FTP.

8. Completion Date. NewWebby Web Solutions and the client must work
together to complete the website in a timely manner. We agree to work
expeditiously to complete the website no later than
_________________________.

If the client does not supply NewWebby Web Solutions complete text and
graphics content all webpages contracted for within five weeks of the date
this contract was signed, 75% of the amount of the contract becomes due
and payable. If the client has not submitted complete text and graphics
content within 7 weeks after signing of this contract, the remainder of the
amount of the contract plus an additional 10% continuation fee will be
assessed each month until the website is advertised.

9. Payment of Fees. Fees to NewWebby Web Solutions are due and

payable on the following schedule: (Scope Fee) 20% of the contract cost
upon signing this contract, (Design Phase & Approval) 40% of the contract
cost when webpages have been designed according to the client's original
written specifications, and a signature of approval is given. The remainder
40% of the contract cost and additional fees (if applicable) are due at time of
Website completion. If the total amount of this contract is less than $500,
the total amount shall be paid upon signing this contract. In case the client
has not secured Web space on a web hosting service by the time the
webpages are completed, the webpages may be delivered to the client on a
storage device or attached to an e-mail message. Alternately, rights may be
given to NewWebby Web Solutions to upload the website on the existing web
hosting serviceor to be the sole host service provider. Advertising the pages
to Web search engines and updating occur only after the final payment is
made. All payments will be made in US funds.

10. Assignment of Project. NewWebby Web Solutions reserves the right

to assign subcontractors to this project to insure the right fit for the job as
well as on-time completion.

11. Legal Stuff. NewWebby Web Solutions does not warrant that
operations of the webpages will be uninterrupted or error-free. The entire risk
as to the performance of the webpages and website is with client.
Conversely and in efforts to satisfy the Client, ticket submittals will be
honored by NewWebby Web Solutions in attempts to resolve potential
glitches. In no event will NewWebby Web Solutions 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 webpages or website, even if
NewWebby Web Solutions has been advised of the possibility of such
damages. 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.

12. Copyrights and Trademarks. The client represents to NewWebby

Web Solutions and unconditionally guarantees that any elements of text,
graphics, photos, designs, trademarks, or other artwork furnished to
NewWebby Web Solutions for inclusion in webpages 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 NewWebby Web
Solutions and its subcontractors from any claim or suit arising from the use
of such elements furnished by the client.

13. 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 NewWebby Web Solutions and its subcontractors from
any claim, suit, penalty, tax, or tariff arising from the client's exercise of
Internet electronic commerce.

14. Copyright to Webpages. Copyright to the finished assembled work of

webpages produced by NewWebby Web Solutions is owned by NewWebby
Web Solutions. 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. NewWebby Web
Solutions and its subcontractors retain the right to display graphics and other
Web design elements as examples of their work in their respective portfolios.

15. Payment of fees. In order for NewWebby Web Solutions to remain in

business, payments must be made promptly. Delinquent bills will be
assessed a $15 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 5% penalty will be added for each month of delinquency.
NewWebby Web Solutions reserves the right to remove webpages 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 NewWebby Web
Solutions. Regardless of the place of signing of this agreement, the client
agrees that for purposes of venue, this contract was entered into in Las
Cruces, New Mexico, and any dispute will be litigated or arbitrated in Las
Cruces, New Mexico. Please pay on time.

16. Sole Agreement. The agreement contained in this "Website Design

Contract" constitutes the sole agreement between NewWebby Web Solutions
and 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.

18. Termination

Either party may terminate this Agreement by giving 20 days written notice
to the other of such termination. In the event that work is postponed or
terminated at the request of the Client, Consultant shall have the right to bill
pro rata for work completed through the date of that request, while reserving
all rights to this Agreement. If additional payment is due, this shall be
payable within thirty days of the Client’s written notification to stop work. In
the event of termination, the Client shall also pay any expenses incurred by
Consultant and the Consultant shall own all rights to the Work. The Client
shall assume responsibility for all collection of legal fees necessitated by
default in payment.

The Client and Consultant are independent parties and nothing in this
Agreement shall constitute either party as the employer, principal or partner
of or joint venture with the other party. Neither the Client nor consultant has
any authority to assume or create any obligation or liability, either expressed
or implied, on behalf of the other.

The undersigned agrees to the terms of this agreement on behalf of his or

her organization or business.
On behalf of the client (authorized signature):

_______________________________________ Date ________________

_______________________________________ Date ________________

On behalf of NewWebby Web Solutions (authorized signature)

_______________________________________ Date ________________

_______________________________________ Date ________________

Website Planning WORKSHEET

Used in conjunction with the Website Design Contract and Website Content Worksheet.

This questionnaire is designed to enhance communications between

NewWebby Web Solutions and our clients. It provides a written memorandum
of our mutually-agreed plan.

Organization Name: ____________________________________

1. Purpose
Give the most important purpose a "1", next most important a "2". Leave
those blank which do not interest you at all.
__ To gain a favorable impression of the company or organization.
__ To develop a qualified list of prospects
__ To sell products directly taking credit card information over the Internet
__ To encourage potential customers to contact us by phone or mail to
consummate a sale.
__ To make available product information and price lists to distributors.
__ To make available product information and price lists to customers.
__ To strengthen brand identification.
__ Other _______________________________________________________

2. Site Organization
Please label pages you desire and cross out the rest.

Total number of pages decided upon ________________

3. Site and Domain Names

Site Name on Banner: ____________________________________

Domain Name (It must be registered through your web hosting service and approved by
a domain registration service before you can use it.)

Desired Domain name _______________________________________

Already Registered with ______________________________________

4. Banner Graphic (First Page)

It is very helpful if you will include a copy of your company's letterhead,
brochures, catalog, etc. so we can see how you present your company
image.

__ Company Logo incorporated in the Banner graphic? If so, please provide

a color copy.

__ Photo or drawing of product?

__ Font type _________________________
__ Preferred colors in palette ___________________________________

__ Other ideas? Please specify below.

_____________________________________________________________________________
__

_____________________________________________________________________________
__

5. Page Colors and Accents

Your preference:

Background _________________________________

Accent Colors ____________________________________

May we include a link at the bottom of the welcome page which reads
"Created by NewWebby Web Solutions"? (phrase will display in a smaller
font)

(You are under no obligation to say yes.) ____Yes ____No

6. Navigation System
The navigation system of all our Standard Website Packages includes:

• Links from the front page and sectional pages to every page in the
system to enable Web search engines to "spider" and index content on
every page.
• Colored bar "Image Map" with a brief word or two indicating each
page -- or, in larger sites -- each section of the website. This appears at
the bottom of every page. In some sites we put this both top and
bottom. You are limited to a maximum of about eight (8) selections on
this image map. We use server side image maps to make it easy to
expand the site at a later time without having to change the coding on
each page of the site. For this reason, and to keep costs down, we do not
include separate "buttons" on our standard sites. Included in sites of 6
pages or more.
• Left-Side Menus with text links are especially useful on larger sites.
Included in sites of 6 pages or more. They can allow more detail than an
 8-item bottom image map, and can enable visitors to see from any page
how to get to any other. These may be white or light-colored over a dark
left-side color or pattern, or black or dark over a light left-side color or
pattern.
Optional Systems. Circle those you wish incorporated in your site.

➢ Frames System where, typically, a scrolling menu remains on the left

side to provide navigation. We do not recommend frames in practically
any situation, since they are a design disaster. They do not always
print out, cannot be bookmarked easily, and often make the page
design look "tacky" with their ugly gray scroll bars. We see them as the
amateur's way to look cool. In a very few cases, they are useful: (1) to
display large databases of information, (2) purposely hide URLs of
content pages, (3) send visitors to other sites while making it easy for
them to come back. (Extra charge)
➢ Search Engine is useful on larger sites of 20+ pages to help visitors
quickly find what they're looking for. (Extra charge)

7. Basic Page Elements

These are the important items which appear on nearly every webpage on
your site (except the "home" page).

• Page titles which show at top of Web browser only

• Top-of-page graphic based on the design of the masthead graphic
• Page Title in larger type. Heading Font Style: ________________
(recommend Arial Bold)
• Text. Body Font Style: ___________________ (recommend Times New
Roman)
• Image Map by Image Map bar
• Standard company ID near bottom of page
• E-mail response link to the following e-mail address:
_________________________
• Copyright and trademark information in small print at the bottom of
every page. What registered trademarks, trademarks, and service marks
does your company want to indicate here?
Do you have any trademarks or service marks? If so, please list them here
and indicate which are registered trademarks.

_____________________________________________________________________________
__
_____________________________________________________________________________
__

8. Photos, Graphics, Animations, Sound, and Video

Our contract includes a statement that you own the copyright to, or have
permission from the copyright owner to use any photos or graphics you send
us.

• Clipart tends to be in bad taste on websites. Photos are recommended.

• Photos you supply either by sending the photos themselves for us to
scan and return, or by sending the digitized images on a storage device.
• Stock photos obtained from ClipArt.com and other stock photo sites.

For an extra charge, we can equip your webpages with:

• Sound, either MIDI musical background or mp3 files for music or voice.
• Animated GIF images. We make animations for an extra charge.
• Shockwave Animations
• Flash Animations
• Video clips

9. Response Forms
What is the purpose of your response form?

__ Guestbook for visitors to record comments

__ Request for information
__ Survey of customer preferences

Other: __________________________________________________

Note: We do not set up sites that use the response form as an order form,
since these require secure servers, and secure order pick-up. For one or two
products we recommend using ShopSite Lite with a secure server. Extra
charge applies to set up the ordering system.
10. Web Hosting Service
Web Hosting Service _____________________________________

E-mail for support or help ______________________________

11. Registering and Advertising Your Website

Consider:

• Advertising your Website to Web search engines that index the Web
• Becoming active in several of the thousands of Internet news groups and
mailing lists
• Developing a "signature" mini-ad attached to all your e-mail messages
• Including your e-mail and Web addresses on all your company's print
literature, stationery, and display advertising
• E-mail newsletters
Information about number of visitors to your website can usually be
obtained from your Internet Service Provider or Google Analytics. We do not
include page counters on our Standard Website Packages
We submit your information to Web search engines to "register" your
website after final payment is received. Before doing this we work with you
to get 50 to 100 keywords and a carefully constructed 25-word sentence
contain the most important keywords.

12. Maintenance
Target Datefor final payment and Web Site advertisement:
____________________

Package prices include minor updating over the first six months of the
contract. This covers minor price changes, product changes, etc. It does not
include major changes, such as changing newsletter content (which
essentially involves constructing a new webpage), which is billed at our
hourly rate.

On behalf of my organization I approve the above plan which I have

developed with NewWebby Web Solutions to construct a website, and I
authorize NewWebby Web Solutions to use this Website Planning Worksheet
as the basis of the project.

Signature _____________________________________ Date _________________

These are the items that will make up the package you'll be sending to us or
picked up by NewWebby Web Solutions

• Website Planning Worksheet

• Website Design Contract
• Website Content Worksheet which will define for us the:
• Written content for your webpages (preferably on a disc or
diskette formatted for Word for Windows or other word processor. We
can translate from most word processor formats with ease.)
• Photos or graphics to be included. You may send graphics and
photos which we can scan into electronic form. Even better, send us
a disc, USB(will be returned) with your graphics in any popular PC
format, such as GIF, JPEG, BMP, EPS, CDR, PCX, etc.). If these are in
Mac format, make sure each picture has a 3-digit extension, such as
.jpg to indicate the format in which it is given.
• Your company
• Samples of your printed materials -- brochures, letterheads, cards,
booklets, etc. -- so we can see how you present your company image.
• Check or e-bill sent by NewWebby Web Solutions for at least 20% of the
total.
Packages can be picked up by Edward Guereque or Josue Flores,or
NewWebby staff member. Other arrangements can be made if needed.
We are looking forward to receiving your materials and constructing your
website!

Updated July 10, 2009