The above-named Client (hereinafter referred to as “Client“) is engaging OddInstinct.com as an independent contractor for the specific purpose of designing a World Wide Web site, herein after referred to as “Web Design Project“, to be published on the Client’s account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, herein after refer to as “Hosting Service”. The Client hereby authorizes OddInstinct.com to access this account, and authorizes the Hosting Service to provide OddInstinct.com and its designer, Aiebee-Iberedem, with “full access” to the Client’s account, and any other programs needed for this Web Design Project that are included as part of the Client’s service agreement/level. The Client also authorizes OddInstinct.com to submit the completed Web Design Project to major Web Search Engines.
This Web Design Project will be developed using CMS (Content Management System).
Compatibility – Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. OddInstinct.com represents and warrants that the web site we design for you will work in: Microsoft® Internet Explorer versions 6 and upMozilla Firefox version 3.0 and upOpera BrowserGoogle ChromeSafari, etc
While OddInstinct.com will make reasonable efforts to design a fully-functional web site, Odd Instinct’s warranty does not cover AOL, text-based browsers or requested special effects that we have advised you against.
ASSIGNMENT OF WEB DESIGN PROJECT
OddInstinct.com reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion.
COPYRIGHT AND TRADEMARKS
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to OddInstinct.com for inclusion in the Web Design Project 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, indemnify and defend OddInstinct.com from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
This agreement allows for minor and major website maintenance on pages/any aspect of your web site at a specific charge as it would require, this will be charged monthly, quarterly, 6 months or yearly basis as it will be convenient for the client.
It does not include major page reconstruction, new pages, guestbook, discussion webs, and navigation structure changes, attempted updates by Client repairs or Web Design Projects delivered to e-mail. The period begins on the date the Client’s web site is available to be published to the Client’s Hosting Service. Major page code and/or graphics changes and additions will be charged at N5, 000 (Five Thousand Naira only) per update. (Notice: This rate is subject to change at any time.) Continuous maintenance will be charged N25, 000 (Twenty Five Thousand Naira only) for a 30 day update, whichever comes first. All payments, regardless of amount, must be made before any update is effected on the website.
OddInstinct.com and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project not later than 30 days after Client has submitted all necessary materials. If the Client does not supply OddInstinct.com with complete text and graphics content for the Web Design Project within three weeks of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by OddInstinct.com as liquidated damages and the contract shall become null and void, at OddInstinct.com’s option, unless the Web Design Project is cancelled in writing by the Client prior to one week of the effective date of the agreement.
The final design project will be published to the Client’s Hosting Service upon receipt of final payment. The Client must understand that OddInstinct.com provide only 1 year free hosting service in connection with this Web Design Project which afterwards the hosting fee will be paid by the client. Hosting service after one year requires a separate contract as the client will be solely responsible for any and all hosting service charges.
ELECTRONIC COMMERCE LAWS
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend OddInstinct.com from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
WEB DESIGN PROJECT COPYRIGHT
Copyright to the finished web design site produced by OddInstinct.com will be owned by OddInstinct.com. The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs specifically are not transferred to the Client, and remain the property of their respective owners. OddInstinct.com retains the right to display graphics and other Web Design elements as examples of their work in their respective portfolios. All Web Design Projects will contain a copyright/legal statement with a link to OddInstinct.com Design Services Web Site.
Payments must be made promptly based on the terms of the Design Project. OddInstinct.com reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. All payments are to be made within 1 week after completion and approval of the Web Design Project by the Client. In case collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process. This agreement becomes effective only when signed by OddInstinct.com. Adding of Meta Tags (Description and Keywords) and the submission of the Web Design Project to Web Search Engines and updating occur only after the full final payment is made. All payments will be made in Nigeria Naira (NGN).
Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and the Package Price, attached hereto and made a part of this agreement hereof. Notwithstanding any prices listed in literature or on Web pages, the Client and OddInstinct.com agree that the services described in this contract, and the Package Price, shall be completed for N________. The Client agrees to pay to OddInstinct.com an initial, non-refundable deposit of N________ (normally, 70% of the estimated total cost) upon execution of this agreement. Final payment is due within 30 days prior to publication and/or delivery of the Web Site Design Project. All amounts must be in Nigeria Naira (N).
Notwithstanding anything to the contrary contained in this contract, neither OddInstinct.com nor any of its employees or agents warrants that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will OddInstinct.com be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, you or your site visitor’s computer or Internet software, even if OddInstinct.com has been advised of the possibility of such damages.
This agreement constitutes the sole agreement between OddInstinct.com and the Client regarding this Web Design Project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by both Client and OddInstinct.com. All prices specified in this contract will be honored for 1 month after both parties sign this contract. Continued services after that time will require a new agreement.The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
(Sign) By_____________________________________ Date _________________________
By__________________________________________ Date __________________________