WEBSITE DEVELEOPMENT AGREEMENT

Swanx Designs desires to delight the client. One way is to make clear our understandings with each other. It is the clients responsibility to become familiar with our terms and conditions. If your web agreement was signed and submitted more the 12 months prior, our terms may have been updated.

Authorization

You, the client, is engaging Swanx Designs as an independent contractor for the specific project of developing and/or improving a website to be installed on the Swanx web space on a VPS server. The client hereby authorizes Swanx Designs to access any active hosting accounts, and authorizes the web hosting service to provide Swanx Designs with “write permission” for the client’s webpage directory, cgi-bin directory, and any other directories or programs which need to be migrated for this project. The client also authorizes Swanx Designs to publicize their completed website to Web search engines, as well as other Web directories and indexes.

Standard Website Package Elements

Swanx Designs includes the following elements in their Standard Website Packages.

  • E-mail & phone consultation: A 2 hour general Internet orientation education, marketing strategy, and web design consultation. Additional consultation is at our hourly rate of $50 per hour.
  • Google Drive and DropBox will be used for project management software, during and after the development of the site. The client will not send any edit requests via email….no exceptions. If the client persists to flood the inbox of any Swanx email accounts, additional fees will be applied. Once the project is underway Swanx will build a user account for the client in Google Drive and DropBox. It is up to the client to login and familiarize themselves with the Google Drive and DropBox interface. Any questions will gladly be addressed promptly so we have the correct tools moving forward.
  • Words of text supplied by the client (200 words per page approximate maximum). Web pages of more than 500 words of text may be subject to additional fees, especially if they require a great deal of formatting.
  • Links to external pages, as needed.
  • Custom Graphics Package includes the following. A header graphic on first page. Top-of-page Template changes for all other static pages in your website. All graphics to stay within general look and feel established.
  • Photos and other graphic images supplied by client include up to an average of 3 images included per page in standard websites and up to 9 images for photo gallery pages, in addition to masthead and top-of-page graphic. Color originals larger than 5″ x 8″ are extra.
  • Installation of web pages on the client’s established web hosting service with Swanx that is said to be PHP and FormMail enabled with appropriate bandwidth at the time the site is published and server space allotment. All server technical issues are to be handled by Swanx unless otherwise noted amongst all parties.

  • Minor updates and changes to existing web pages for two weeks, subject to the limits outlined below. Additional changes billed at hourly rate of $75.00 per hour. For online stores, this includes only “regular” pages, not product pages or the ordering system pages. This does include any MINOR modifications and tweaking to work out backend database bugs and functionality. This does not include adding features past the scope of this project outlined in the estimate.

  • Basic SEO tools will be set up on all static pages on a one-time basis using our own techniques. Ongoing web site marketing and copy writing will require additional service fees.
  • Ongoing SEO, KeyPhrase optimization and ongoing web site marketing will require an additional service fee.
  • E-mail response link on each webpage to any e-mail address the client designates. An online feedback form will also be created.

Content

The content of the web pages will be supplied by the client. This website includes up to (10) static web pages. In case the client desires additional standard web pages beyond the original number of pages specified above, the client agrees to pay Swanx Designs an additional fee for each additional web page. Graphics or photos beyond the allowed average of 2-3 per web page shall be billed at an additional $35 each. Where custom graphic work (beyond the scope of the “Custom Graphics Package” detailed above) is requested, it will be billed at the hourly rate of $75.

Maintenance and Hourly Rate

This agreement includes minor web page maintenance to regular web pages (not store product pages) over a two-week period, including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text. The two week maintenance period commences upon the date the client’s web site is officially published to the web and all monies paid.

Changes requested by the client beyond those limits will be billed at the hourly rate of $75. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, web page design, editing, modifying product pages and databases in an online store, and art, photo, and graphics services.

Changes to Submitted Text

Please send us your final text via Google Drive. Do NOT send edit requests via email. Time required to make substantive changes to client-submitted text after the webpages have been constructed will be additional, billed at the hourly rate.

Web Hosting

The client agrees to use the VPS set up by Swanx during development. The site having its own IP address and separate control panel, & database. This will continually be maintained by the web professionals of Swanx Designs throughout the development of the site and after launch. If the client is non responsive and the site goes idle, monthly hosting costs will automatically be billed.

Completion Date

Swanx Designs and the client must work together to complete the website in a timely manner. We agree to work expeditiously to hit the estimated completion date. Any delays by the client with delivering assets, copy and photos will result in development delays. These delays could be substantial since Swanx has a development calendar with other clients that comply with our asset delivery requirements. Added fees will be applied if assets are delivered late or in a disorganized fashion.

Payment of Fees

Fees to Swanx Designs are due and payable on the following schedule: 1/3 upon signing this contract, 1/3 due mid-way through and 1/3 when the webpages have been constructed and proofed according to the client’s original written specifications unless other arrangements have been agreed upon. The web site will be published once all monies due are paid.

Assignment of Project

Swanx Designs reserves the right to assign affiliated associates to this project to insure the right fit for the job as well as on-time completion.

Legal

Swanx Designs does not warrant that the functions contained in these webpages or the 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 and their written content. The content displayed on the site it solely the client’s responsibility. Swanx will develop and maintain the framework for displaying the content and in no event will Swanx be liable to the client for any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of the website. Poorly written content and/or low quality images WILL result in a poorly performing website.

Copyrights & Trademarks

The client represents to Swanx Designs and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Swanx Designs 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 Swanx Designs and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

Copyright to Webpages

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 source code, work-up files, and computer programs are specifically not transferred to the client and remain the property of their respective owners. Swanx Designs and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.

Payment of Fees

For Swanx Designs to remain in business, payments are due upon receipt. Swanx Designs reserves the right to remove webpages from viewing on the Internet until final payment is made. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency and the website will be “turned off” from public viewing with a “Splash Page” stating that the web site is undergoing routine maintenance. Any statement from the client that payment will not be made in the future, then Swanx Designs reserves the right to “turn off ” the web site at any given time past the actual due date. If an amount remains delinquent 60 days after its due date, all files will be removed from the server and no duplication rights or usage will be granted. This Agreement becomes effective immediately upon web site publishing and clients are encouraged to read Agreement terms carefully and thoroughly and ask questions to Swanx Designs if they should arise.

Sole Agreement

The agreement contained in this “Web Site Design Agreement” constitutes the sole agreement between Swanx Designs, its subcontractors, and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for 12 months after all parties sign this contract. Continued services after that time will require a new agreement.

Website Maintenance

Website Maintenance is keeping your website software up to date, your site content current and keeping up with the latest security measures. These are critical steps to keep your website safe and functioning properly and are a necessary part of your online budgeting. Your web site application must be updated monthly and Swanx provides the following monthly maintenance services for a negotiable monthly fee:

  • Monthly backups of your website and database
  • Website security monitoring
  • Monthly upgrades and updates of your WordPress install and WordPress plugins
  • Monthly monitoring of your custom WordPress theme framework and outside services
  • Testing that the website works well with the latest web browsers / mobile devices
  • Checking website error logs
  • Testing forms

  • Google Analytics monitoring If you need marketing reports, please contact us.  Additional monthly fees apply.

Delays via Client

Website development is a very tedious and time consuming process. Especially when developing custom WordPress sites for wineries. Any delays from the client will cause serious delays in project completion. Swanx has a team of developers and keeping up with our production calendar is critical. If a client is not timely in delivering their assets and/or feedback, the project will get pushed to the “back of the line”! In other words, if respect our time, we respect your time etc. We simply cannot work any other way.