disclosure

WEBSITE DESIGN AGREEMENT

1. Description of the Services. The Designer (Erick V Salgado) will design a website  for  by providing the design and programming services listed on Schedule A  in a professional and timely manner. All programming and documentation shall comply with standards currently employed by the Owner of . The parties may at any time modify the scope of the Services by including desired changes in a written “change order” that explains the changes and the adjustment to the payment for the Services that will result from such changes. Such change order shall become effective when signed and dated by both parties.

2. Term / Scheduling. The Designer estimates reaching satisfactory completion of the Services within six weeks of the Effective Date. The term “satisfactory completion” of the Services means when the software and documentation developed for the Website performs to the specifications set forth on Schedule A. pending the approval of the Owner. This estimation does not include time during which the Designer must wait for the Owner to provide materials or information necessary for the completion of the Services. The Designer agrees to notify the Owner of any anticipated delays in completing the Services.

3- Payments. In consideration for the Services, the Owner will pay the Designer the previously agreed total amount of   $ . The down payment of   $  is non-refundable and is due by the time this agreement is signed. Final payment of   is due upon the Designer completing the website (4 weeks, unless the time going to be extended by the designer’s consideration). But if the Owner fail to provide all the content and requirements but the contract time (4 weeks), the contract still will be closed by the end of those 4 weeks and all the work will be automatically destroyed. The owner can avoid that action by paying in full the contract and asking for some more time

4. Ownership Rights. The Owner will own all of its proprietary information as included in the Services, as well as all source code, object code, screens, documentation, digital programming, operating instructions, design concepts, content, graphics, domain names, hosting, characters, stored data, and reports and notes prepared by the Designer. The Designer should provide the material in a CD or DVD once the service it’s completed.

5. Designer the Ownership Rights and Grant of License. Notwithstanding any other provision of this Agreement the Services will/may include some programming code that the Designer has previously developed for its own use (the “Designer’s Prior Code”). The Designer expressly retains full ownership of such code, including all associated rights to use such code.

6. Copyright Notice. The Designer shall include a copyright notice {or any other notices requested by the Owner) to be displayed on the footer of the pages of the Website that can be viewed by any user.

7. Confidentiality. The Designer will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the Designer, or divulge, disclose, or communicate in any manner any information that is proprietary to the Owner (e.g., trade secrets, know-how and confidential information). The Designer will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. The Owner may seek and obtain injunctive relief against the release or threatened release of such information in addition to any other legal remedies, which may be available.

8. Independent Contractor. The Designer is an independent contractor with respect to its relationship to the Owner. Neither the Designer nor the Designer’s employees are or shall be deemed for any purpose to be employees of the Owner. The Owner shall not be responsible to the Designer, the Designer’s employees, or any governing body for any payroll taxes related to the performance of the Services. Upon request, the Designer will provide evidence of appropriate insurance coverage for workers compensation and general liability insurance.

9. Promotion. The Designer will not use the names, trademarks, service marks, symbols or any abbreviations of the Owner, without the prior written consent of the Owner.

10. Warranty – Designer. The Designer warrants to the Owner that all software programming, web pages, and materials delivered to the Owner including photos and graphic designs in connection with the Services are free from defects in materials and faulty workmanship under normal legal use, and that the Website will operate-properly with standards-compliant web browsers. For a period of one year from the Effective Date, the Designer will correct any software anomalies (“bugs”) that occur because of defects in the source code included in the software, or because of errors related to the hosting service. After such time, the Owner may contact the hosting service to address technical support issues using the contact information included in Appendix A. While no website design process is able to guarantee bug-free results, the Services will be provided in a workmanlike manner, within local industry standards and tolerances for commercial applications.

11. Warranty – Owner. The Owner represents and warrants to the Designer that the Owner owns (or has a legal license to use) all photos, text, artwork, graphics, designs, trademarks, and other materials provided by the Owner for inclusion in the Website, and that the Owner has obtained all waivers, authorizations, and other documentation that may be appropriate to evidence such ownership. The Owner shall indemnify and hold the Designer harmless from all losses and claims, including attorney fees and legal expenses that may result by reason of claims by third parties related to such materials.

12. Disclaimer or Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS

AGREEMENT, THE PARTIES HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. REGARDING THE SERVICES. INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

13. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR INDIRECT INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT SUCH AS. BUT NOT LIMITED TO LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS COSTS OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.

15. Assignment. This Agreement is not assignable, in whole or in part, by either party without the prior written consent of the other party. Any attempt to make such assignment shall be void.

16. Termination. Either party may terminate this Agreement at any time by providing 10 days advance written notice. In the event of such termination, the Owner shall be obligated to pay only for actual services provided by the Designer and for expenditures incurred with the Owner’s approval. Unless otherwise terminated, this Agreement will terminate upon completion of the Services.

17. Termination on Default. If a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate this Agreement by providing written notice to the defaulting party. The notice shall describe with sufficient detail the nature of the default. The party in default shall have 14 days from the effective day of such notice to cure the default(s). Unless waived by the party providing the notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.

19.Complete Contract / Amendment. This Agreement supersedes all prior agreements and understandings between the parties for performance of the Services (Web Design), and constitutes the complete agreement and understanding between the parties. The parties may amend this Agreement in a written document signed by both parties.

20. Details of the Contract. – OPTIONS THAT CAN BE UPGRADED AT ANY TIME BY REQUEST

No Web Hosting / Maintenance No New Domain Needed No Translation Needed (Website interface will be in ) No Virtual Store needed No Database needed No Donation collection needed

Efective day of contract:
Estimate day for closing project:
, you need to make the complete payment by then or ask for 5 more days of payment grace extension. The designer will have the right to delete all the files he made and keep the Downpayment if the payment has not be made by the Estimate day of closing project.

Special Instructions:

Schedule A

Description of Services and Schedule

I .One year of hosting services al the Designer’s expense with the company described in Appendix A. The Owner can opt out of the plan and in that case only a DVD or CD with the website will be presented by the day the signatures will be collected.
( in case Of a WordPress or any other platform website, no media will be extended to the customer )

2.One year of technical support for errors pertaining to the software or hosting service, Malwares and/or hacks attacks.

3. Configuration of the hosting service, including any email accounts

4. Keep the website up and running for the maintainance period of time

8.Installation and configuration of Google Analytics including automated traffic reports delivered to the Owner’s email account(s) (Only if requested)

9. Transfer of existing content to the new website

10. Modification of existing content for aesthetic and optimization purposes

11. Configuration of recommended on-site search engine optimization (SHO)

13. Redirection of DNS to the new hosting service

14. Assigning credentials (ID and Passwords) to access your files on the server if the owner requires it.

 Appendix A

The Maintenance Services

The Designer will be responsible to keep the website up and running at no additional charge for a complete year.

Any changes to the existing information (adding or deleting) it’s included. If the owner would like to add additional pages to the existing ones, a charge of $60 will apply.

It is acceptable to add new additional media like photos (up to 10 per/month) and video’s links (up to 20 per/month). Note that will be just links to third parties source videos like YouTube or Vimeo. The webhosting plan it’s allowing to host only 5 videos presentations

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