NCWEB-DESIGN.COM

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 NCWEB-DESIGN.COM Company, an Internet Marketing & Web Design entity, located at 2 Dew Waite Road, Black Mountain, North Carolina as 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 with an Internet Hosting Service of the client's choice. The client hereby authorizes NCWEB-DESIGN.COM to access this account, and authorizes the Internet Hosting Service to provide NCWEB-DESIGN.COM with "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 NCWEB-DESIGN.COM to publicize the completed website to Web search engines and other Web directories and indexes.

2. Website Design Elements.  NCWEB-DESIGN.COM will design and install the following Website Components:

and will perform the following services pursuant to the Web site components described above:

• Consultation by E-mail and if necessary, telephone (Up to hours total for general Internet orientation, marketing strategy, Web design consultation, and helping client learn to use their own Web page editor. Telephone long distance charges are in addition to rates quoted above. Additional education and consultation will be at an hourly rate.)
• Inclusion of words of text supplied by the client (via CD, diskette, or e-mail.)
• Inclusion of links to external pages.
• Design of Masthead or Logo and Basic Web Site Components. Masthead graphic on page header (simple custom graphic incorporating company logo or name), menu/directory of site contents, lines and bullets, and colored and textured background.
• Inclusion of photos and other graphic images to be supplied by client in addition to masthead and/or top-of-page graphic. Graphics may be supplied as image files by e-mail or diskette or may be supplied as photographs. Color originals should not be larger than than 5" x 8".
• Installation of Web pages on the client's Internet host server.
• Minor updates and changes to existing Web pages for six months. (Includes up to 4 hours total, subject to the limits outlined below. Additional changes will be billed either at hourly rate or per contract design amendment.)
• WebSite promotion (publicity) to 5 major Web search engines, such as Yahoo, AltaVista, InfoSeek, WebCrawler, Lycos, HotBot, etc.(submitted manually) with electronic submission to approximately 500 other search engines and directories. The client shall identify up to ten keywords which describe the services/features of the Web site for inclusion in promotional page coding.
• Inclusion of e-mail response link(s) to any e-mail address(es) the client designates.

The contents of Web pages will be supplied by the client and executed as specified by the client in the "Website Planning Worksheet" dated:

3. OPTIONAL/ADDITIONAL Services and/or Components requested by the Client: (This section describes any options/additions to the web site design which are not outlined in items 2 and 3 above and/or which relate to on-going Web site maintenance and promotion.)

* WEB SITE MAINTENANCE: NCWEB-DESIGN.COM will maintain the web site, inclusive page(s) and links, conduct validation and on-going research, monitor website rankings and traffic (if counter is available), make routine page revisions, etc. up to 4 hours per month. Client will receive a monthly report containing summaries and recommendations. Revisions exceeding 4 hours per month will be billed at an hourly rate of $75.00 US per hour. MONTHLY FEE: $ 325.00, payable monthly. Payment is due when design is either installed on the Internet or on the date when maintenance agreement is initiated.

* WEB SITE PROMOTION: NCWEB-DESIGN.COM will promote and monitor the web site for THREE MONTHS by making manual submissions to a minimum of 10 major Internet search engines or directories and by making automated submissions to approximately 1500 other Internet search engines or directories. NCWEB-DESIGN.COM will research, monitor and report web site rankings for three months. NOTE: if client elects to submit web site to fee-based search engines, client shall be responsible for paying the fees. Promotion goal shall be to achieve a ranking among the top 20 web sites listed on major search engines and directories. Because search engine ranking is dependant up many variables (i.e., requests for keywords, unannounced revisions in ranking criteria by search engines, and the “selling” of rankings to the highest bidder by some search engines), actual rankings cannot be guaranteed. CLIENT PROVIDES: list of 10 keywords (search words/phrases which describe your site), three “focus” keywords, site description, an email address to receive confirmations and promotions, and access to web site password(s) to install/revise site description, META tags and html coding. FEE: $250.00 US.

4. ISP/INTERNET HOST: The client understands that the (ISP) Internet Service Provider and the Web site Host Server require separate contracts with the ISP/Host Server of the client's choice. The client agrees to select an ISP which allows NCWEB-DESIGN.COM full access to the website and a cgi-bin directory via FTP and telnet. The client further understands that if the ISP's operating system is not a Unix system, certain design components may not be supported. The client further understands that some components of Web site design (Java Script, Perl, etc.) may require additional Host Server fee-based services. NCWEB-DESIGN.COM will investigate and inform the client of these requirements and related fees prior to designing these specific Web site components.

5. Domain Registration. The client understands a) that registration of a domain name requires a separate contract with a certified registering agent and b) that charges for domain registration shall be the client's responsibility. NCWEB-DESIGN.COM will assist the client in registering a domain name at no additional fee.

6. Completion Date. NCWEB-DESIGN.COM 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 NCWEB-DESIGN.COM complete text and graphics content all Web pages contracted for within six weeks of the date this contract is signed, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within two months after signing of this contract, an additional continuation fee of 15% of the total contract price will also be assessed each month until the website is completed and submitted to search engines.

7. Payment of Fees. Fees to NCWEB-DESIGN.COM are due and payable on the following schedule: 50% upon signing this contract, 50% when the Web pages have been constructed according to the client's original written specifications. If the total amount of this contract is less than $600, the total amount shall be paid upon signing this contract. In case the client has not secured Web space with an Internet Service Provider by the time the Web pages are completed, the Web pages may be delivered to the client on diskette or attached to an e-mail message. Advertising the pages to Web search engines and updating can only occur after the web pages have been uploaded to the client's ISP. All payments will be made in US funds.

8. Assignment of Project. NCWEB-DESIGN.COM reserves the right to assign subcontractors to this project.

9. LEGAL DISCLAIMER. NCWEB-DESIGN.COM will make every effort to ensure that the Web site design is technologically compatible with the provisions of this contract. Due to Internet service and accessibility variables beyond the control of the NCWEB-DESIGN.COM Company, NCWEB-DESIGN.COM cannot warrant that the functions contained in these Web pages 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 website is therefore with the client. In no event will NCWEB-DESIGN.COM 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 website, even if NCWEB-DESIGN.COM 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.

10. Copyrights and Trademarks. The client represents to NCWEB-DESIGN.COM and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to NCWEB-DESIGN.COM 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 NCWEB-DESIGN.COM 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 NCWEB-DESIGN.COM and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

12. Copyright to Web Pages. Copyright to the finished unique designs or code produced by NCWEB-DESIGN.COM and its subcontractors is owned by NCWEB-DESIGN.COM and/or its subcontractor. Upon final payment of this contract, the client is assigned rights to use the design, graphics, and code contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, text and computer programs remain the property of their respective owners and are specifically not transferred to the client. NCWEB-DESIGN.COM and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

13. Payment of fees. Delinquent bills will be assessed a $25 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 15% penalty will be added for each month of delinquency. NCWEB-DESIGN.COM reserves the right to remove Web pages 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 NCWEB-DESIGN.COM Company. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Black Mountain, North Carolina, USA, and any dispute will be litigated or arbitrated in Buncombe County, North Carolina, USA.

14. Sole Agreement. The agreement contained in this contract constitutes the sole agreement between the NCWEB-DESIGN.COM Company and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change (amendment). 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 contract.

15. Initial Payment and Refund Policy. The total amount of this contract, totaling items detailed in Paragraphs 2 and 3 above, is: $.This agreement begins with an initial payment of $. If the client halts work and notifies NCWEB-DESIGN.COM by registered letter, work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.

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

On behalf of the client:

Date:

On behalf of NCWEB-DESIGN.COM Company:

Date: