WebPlanSite Project Contract
[Package Type]

Client Information:
[Name]

  1. Authorization. The above-named Client (hereinafter referred to as "Client") is engaging WebPlanSite  (hereinafter referred to as "WebPlanSite"), as an independent contractor for the specific purpose of designing a World Wide Web site (hereinafter referred to as "WebPlanSite Project") to be published on the Client's account on an Internet Service Provider(ISP)/Web Presence Provider(WPP) computer, hereinafter refer to as "Hosting Service", or provided on diskette at the Client's option. The Client hereby authorizes WebPlanSite  to access this account, and authorizes the Hosting Service to provide WebPlanSite  and its employee, Stephen C. Bellas, with "full access" to the Client's account, and any other programs needed for this WebPlanSite Project that are included as part of the Client's service agreement/level. The Client also authorizes WebPlanSite  to submit the completed WebPlanSite Project to major Web Search Engines.
  2. Development. This WebPlanSite Project will be developed using Microsoft® FrontPage®2000.

While WebPlanSite  will make reasonable efforts to design a fully-functional web site, WebPlanSite ’s warrantee does not cover AOL, text-based browsers or requested special effects that we have advise you against.

  1. Assignment of WebPlanSite Project. WebPlanSite  reserves the right, and you hereby agree, to assign subcontractors to this WebPlanSite Project to insure that the terms of this agreement are met as well as on-time completion.
  2. Copyrights and Trademarks. The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Stephen C. Bellas and/or WebPlanSite  for inclusion in the WebPlanSite 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 Stephen C. Bellas and WebPlanSite  and its subcontractors 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.
  3. Web Site Maintenance. This agreement allows for minor web site maintenance to pages over a 6 month period, up to an average of one half hour per regular web page, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guestbooks, discussion webs, navigation structure changes, attempted updates by Client repairs or WebPlanSite Projects delivered to Client via diskette. The period of 6 months begins on the date the Client's web design site is available to be published to Client's hosting service or 30 days from the date this agreement was signed, which ever comes first. If the Client's web design package includes database access using Active Server Pages (ASP), then very minor page code changes will be accepted under this web site maintenance plan, major page code and/or database structural changes will be charged at then hourly rates.
  4. Completion Date. WebPlanSite  and the Client must work together to complete the WebPlanSite Project in a timely manner. We agree to work expeditiously to complete the WebPlanSite Project no later than 30 days after Client has submitted all necessary materials. If the Client does not supply WebPlanSite  with complete text and graphics content for this WebPlanSite Project within 45 days of the effective date this agreement, the entire deposit amount of the agreement shall be retained by WebPlanSite  as liquidated damages and the contract shall become null and void, at WebPlanSite ’s option, unless the WebPlanSite Project is cancelled in writing by the Client prior to 45 days of the effective date of the agreement.

  5. Project Delivery. The final web site design project will be published to the Client's hosting service upon receipt of final payment or delivered via diskette upon the receipt of full payment. The Client understands that WebPlanSite  does not provide any hosting services in connection with this WebPlanSite Project. Hosting services require a separate contract with the hosting service of the Client's choice. The Client agrees to select a hosting service which allows WebPlanSite  full access to the Client's account via FrontPage®2000 or FTP. The Client will be solely responsible for any and all hosting service charges.
  1. 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 WebPlanSite Project or any other services contemplated herein, and will hold harmless, protect, and defend Stephen C. Bellas and WebPlanSite  and its subcontractors 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.
  2. WebPlanSite Project Copyright. Copyright to the finished web design site produced by WebPlanSite  will be owned by Stephen C. Bellas and/or WebPlanSite . The Client will be assigned rights to use the WebPlanSite 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 are specifically not transferred to the Client, and remain the property of their respective owners. WebPlanSite  and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. All WebPlanSite Projects will contain a copyright/legal statement with a link to WebPlanSite 's Design Services Web Site.
  3. Payments. Payments must be made promptly based on the terms of this Web Site Design Project. WebPlanSite  reserves the right to remove any WebPlanSite Project from viewing on the Internet until final payment is made. 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 WebPlanSite . Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into in St.Tammany Parish, Louisiana,and any dispute will be litigated or arbitrated in St. Tammany Parish, Louisiana, and the Client hereby consents to the personal jurisdiction of the Louisiana State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. Adding of Meta Tags (Description and Keywords) and the submission of the WebPlanSite Project to Web search engines and updating occur only after the full final payment is made. All payments will be made in U.S. Dollars.
  4. Payment Schedule. Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and Attachment A, attached hereto and made a part of this agreement hereof. Notwithstanding any prices listed in literature or on Web pages, the Client and WebPlanSite  agree that the services described in this contract, and Attachment A, shall be completed for $_______. The Client agrees to pay to WebPlanSite  an initial, non-refundable deposit of $_______ (normally, 50% of the estimated total cost or a minimum of $500.00) upon execution of this agreement. Final payment is due prior to publication and/or delivery of the Web Site Design Project. All amounts must be in U.S. Dollars.
  5. Legal Notice. Notwithstanding anything to the contrary contained in this contract, neither WebPlanSite  nor any of its employees or agents, warrant that the functions contained in the WebPlanSite Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the WebPlanSite Project is with the Client. In no event will Stephen C. Bellas and/or WebPlanSite  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 WebPlanSite Project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor's computer or internet software, even if WebPlanSite  has been advised of the possibility of such damages.
  6. This Agreement. This agreement constitutes the sole agreement between WebPlanSite  and the Client regarding this WebPlanSite 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 WebPlanSite . All prices specified in this contract will be honored for 6 months 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.

AGREED TO:

Client

By_____________________________________ Date ________________
Name:
Title:
Address:

 WebPlanSite, LLC

By_____________________________________ Date ________________
Stephen C. Bellas
It’s Authorized Representative