Hereafter, Dawn Fichtner will be known as the “Client” and Chike Okwara (Blue Creek Valley) will be known as the “Developer”
The above named client is engaging Chike Okwara (Blue Creek Valley) as an independent contractor for the specific purpose of Developing a Fully Functioning E-Commerce Website.
- Graphic Creation
It is anticipated that the Developer will create, capture or receive from the Client all the graphic elements necessary to complete the Client’s web site. This includes creating ancillary images, animated graphics and banner advertisements. The Developer also agrees that all graphics utilized in the development of the site have not been acquired illegally from other sites or sources and upon final payment of the project; the graphics will be properties of the Clients.
- Payment Terms / Work Flow
The total cost of the project is: $1250. A minimum deposit of $625 is required to commence work. The developer will begin working on the Client’s project once the deposit is received by the Developer. Upon completion of the website design project, the Client will be asked to confirm acceptance for the site design. Once this acceptance is received from the Client, the work necessary to complete the project will begin.
Final payment of $625 (the remaining balance) plus any additional charges incurred will be due upon satisfactory completion and test of the project. At this point, a complete website backup file will be provided to the client.
Developer will be responsible for fixing any and every bug/flaw that is discovered on the website (project) during and after the completion of the project.
At Client’s request, the Developer will provide Website Management services. Such service will incur additional charges (ask about our Website Support & Maintenance services).
Invoices will be provided by the Developer upon completion of the work for web design and any associated services. Invoices are normally sent via email; however, the Client may elect to receive hard copy invoices. Invoices are due upon receipt.
Accounts unpaid ten (10) days after the date of invoice will be considered in default. If an invoice goes into default, the Client’s website will be taken down from the web and will remain inactive until all balance is paid in full by the Client. The Developer is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Client’s account. Checks returned for insufficient funds will be assessed a return charge of $35 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay the Developer reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by the Developer in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
- Search Engine Registration
The Developer will optimize the Client’s web site with appropriate titles, keywords, descriptions and text and can thereafter submit the Client’s web site to some of the major search engines and directories such as Google, Yahoo and MSN.
- Client’s Alterations
There shall be no charges to the Client for revisions or corrections or additions made necessary by errors on the part of the Developer. Any other changes requested by the Client shall be considered Client’s Alterations if they are requested after the acceptance of the Site Design. Any changes and additions not due to the fault of the Developer and requested by the Client before the approval of one of the Site Designs are not considered Client’s Alterations. The Client shall be responsible for making additional payments for any Client’s Alterations and any other changes in original assignment requested by the Client. However, no additional payment shall be made for changes required to conform to the original assignment description. The Client shall offer the Developer the first opportunity to make any changes.
- Copyrights and Trademarks
The Developer represents to the Client and unconditionally guarantees that all elements of text, graphics, photos, designs, trademarks, or other artwork used by the Developer for inclusion in the Client’s web site have been obtained legally. All elements of text, graphics, logo, photos, designs, trademarks, or other artwork used in the creation of the website shall become copyrighted property of the Client upon final payment.
- Design Credit
Client shall allow the web site created for the Client to be included in the Developer’s portfolio.
The Developer, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after project completion disclose any confidential information, source code, work-up files, and any program(s) associated with the project to any person whatsoever. The Developer also agrees not to reproduce/clone the Client’s website for the benefit of any individual or entity other than the Client. Likewise, the Client agrees that it will not convey any confidential information obtained about the Developer to another party.
- Project Completion
The Developer and the Client must work together to complete the project in a timely manner for both parties to remain profitable. At project completion, the Developer will send an email to the Client with a project status update. Client will have to review the website for errors, text changes etc. Client agrees to send a list of all changes within 48hrs of email notice.
- Entire Understanding
This contract constitutes the sole agreement between the Developer and the Client regarding this project. It becomes effective only when deposit payment is made.