Standard Web Development Terms and Conditions
1. Authorization.
The client is engaging NetSark Ltd, 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 on a web hosting service's computer ( This service may be provided by NetSark Ltd). The client hereby authorizes NetSark Ltd to access this account, and authorizes the web hosting service to provide NetSark Ltd 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 NetSark Ltd to publicize their completed website to Web search engines, as well as other Web directories and indexes.
2. Standard Website Package Elements.
NetSark Ltd includes the following elements in their Standard Website Packages:
E-mail/phone consultation (Up to 2 hours total general Internet orientation education, marketing strategy, Web design consultation, and helping clients learn to use their own webpage editor. 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 disk. webpages 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 2.5 per page.
Custom Graphics Package.
Masthead graphic on first page (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 1.3 included per page in standard websites and "regular" online store pages, in addition to masthead 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.
E-mail response link on each webpage to any e-mail address the client designates.
Image Map for internal navigation
3. Online stores only.
The text and graphic content of the webpages will be supplied by the client and executed as specified by the client. It is understood that total project cost is 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 NetSark will be provided. The final payment shall reflect and include all elements actually completed.
We include e-mail/phone consultation of up to 2 hours total general Internet orientation education, marketing strategy, Web design consultation, and helping clients learn to use the store software. (Additional education and consultation is at our hourly rate.) 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 regular hourly rate.
4. 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 including removing nearly all the text from a page and replacing it with new text. If the client or an agent other than NetSark Ltd 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 site goes live.Changes requested by the client beyond those limits will be billed at the hourly rate of £39.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, and art, photo, graphics services, and helping clients learn how to use their own webpage editor. CGI programming charges (if any) are not included in this rate.
5. 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.
6. Web Hosting.The client understands that any web hosting services is a separate service to the web development. The client agrees to select a web hosting service which allows NetSark Ltd full access to the website and a cgi-bin directory via FTP.
7. Completion Date.
NetSark Ltd and the client must work together to complete the website in a timely manner. If the client does not supply NetSark Ltd complete text and graphics content all webpages contracted for within six weeks from point of ordering, 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 10% of the total contract price will also be assessed each month until the website is advertised.
8. Payment of Fees.
Fees to NetSark Ltd are due and payable on the following schedule: 50% upon signing this contract, 50% when the webpages have been constructed according to the client's original written specifications.
9. Assignment of Project.
NetSark Ltd reserves the right to assign subcontractors to this project to insure the right fit for the job.
10. Legal Stuff.
NetSark Ltd does not warrant that the functions contained in these webpages or the Internet website will meet the client's requirements or that the operation of the webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the webpages and website is with client. In no event will NetSark Ltd 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 NetSark Ltd 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.
11. Copyrights and Trademarks.
The client represents to NetSark Ltd and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to NetSark Ltd 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 NetSark Ltd and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
12. 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 NetSark Ltdand its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
13. Copyright to Webpages.
Copyright to the finished assembled work of webpages produced by NetSark Ltd is owned by NetSark Ltd. 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. NetSark Ltd and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
14. Payment of fees.
In order for NetSark Ltd to remain in business, payments must be made promptly. Netsark Ltd reserves the right to charge £50 charge if payment is not received within 10 days of the due date. If an amount continues to remains due 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. NetSark Ltd 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.