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- Monitor and inspect Developers performance to ensure compliance of the scope of work.
- Make determinations relative to satisfactory or unsatisfactory performance, including
acceptance of all work performed and/or all products produced under the terms of the contract.
- Review and approve invoices.
- Review, coordinate changes or corrections, if any, and accept all reports (including any final
reports) required under the contract.
Client Amends
The Developer understands that Clients may change requirements mid-project. The Developer
wishes to avoid these, as it may effect the work on concurrent projects and sub-contractors.
However, the Developer prides itself in providing excellent customer service. Significant revisions to
completed work, and built to the Client's specification may be charged additional fees (see
Proposal Revision).
Some examples of significant revision at the request of the Client include:
- Switching operating systems from Windows to LINUX
- Recreating or significantly modifying the code to accommodate Client new requirements
- Replacing more than 75% of the text to any given page at the Client's request
- Creating a new navigation structure or changing the link graphics at the Author's request
- Significantly reconfiguring the Client's shopping cart with new product, shipping or discount
calculation if an e-commerce enabled site has been selected by the Client
In all cases, options and course of action will be negotiated before charges or fees would apply. |
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Vacations, Sick-Leave Holidays:
It should be known in advance when critical people will not be available. As a contingency, extra
time may be budgeted by the Project Manager (Jeff Knooren) to account for unexpected availability.
Meaning, a project might be delivered later than expected, due to tragedy, or earlier than expected,
because no time issues presented themselves. |
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The Client represents to the Developer and unconditionally guarantees that any elements of text,
graphics, photos, designs, trademarks, or other artwork furnished to the Developer for inclusion in
the Client's Website 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 the Developer
and its subcontractors from any claim or suit arising from the use of such elements furnished by
the Client.
Ownership of Content
The finished assembled work produced by the Developer and graphics shall be vested with the
Client upon final payment for the project. This ownership is to include, design, photos, graphics,
source code, work- up files, text, and any program(s) specifically designed or purchased on behalf
of the Client for completion of this project. |
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The Project Manager agrees to maintain the confidentiality of any information regarding applicants,
project participants or their immediate families which may be obtained through application forms,
interviews, test reports from public agencies or counselors, or any other source. Without the
permission of the applicant or participant, such information shall be divulged only as necessary for
purposes related to the performance or evaluation of the contract and to persons having
responsibilities under the contract, including those furnishing services to the projects under
subcontracts. |
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Upon termination or completion of all work under this contract, the Project Manager shall ZIP
original documents, or dispose of all materials according to Clients wishes. All materials produced
or required to be delivered under this contract become and remain the property of the Client (see
CD Burning). Materials licensed for use, or reside in the public domain remain as is.
The Contractors shall receive permission from the Client prior to publishing any works performed
under this contract. Meaning, screenshots, or material samples used for the proof of work
completed, resume additions, or promotional use for their business. |
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A minimum deposit of twenty five percent (25%) is required to commence work.
- Payments will be made either by check or electronic funds transfer (e.g., Paypal, Google
Checkout, etc..). For security purposes, at no time will the contractor have direct access to
customers payment information.
- There are no NET terms. All invoices are due when submitted.
- Once the deposit is received by the Developer, project design concepts will be put online for
the Client's viewing and approval. Communication between the Developer and the Client is
crucial during this phase to ensure that the ultimate publication will match the Client's taste
and needs (see Performance).
- Upon completion of these milestones, the Client will be asked to confirm acceptance. Once
this acceptance is received from the Client, the work will proceed.
Clients are expected to continually view updates to the site and express their preferences or
dislikes to the Developer. Upon completion of the project, an e-mail or letter and invoice will be
sent to the Client advising the Client that the work has been completed. Final payment of the
remaining balance plus any additional charges incurred are due at that time.
- If payment is not received Fifteen (15) business days after delivery of this notice an, additional
charge of 10% is due. If payment is not made within thirty (30) days of notification, simple
interest will accrue on the balance owed at a rate of 18% from the date the 10% penalty was
levied.
- Developer reserves the right to remove all Web content from the Internet if payment is not
made within thirty (30) days after delivery of our completion notification. If a payment delay is
anticipated, please contact the Developer to discuss potential problems in advance.
Cancellation
Cancellation of the project at the request of the Client must be made by certified letter. In the event
that work is postponed or canceled at the request of the Client by registered letter, the Developer
shall have the right retain the deposits paid to subcontractors.
Arbitration
Any disputes in excess of $500 (or the maximum limit for small claims court) arising out of this
Agreement shall be submitted to binding arbitration, pursuant to the rules of the American
Arbitration Association. |
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The Client is engaging the Developer as an Independent Contractor for the specific purpose of
developing and/or improving a website to be installed on the client's Web space located on an
Internet Service Provider's (ISP) server.
The Client hereby authorizes the Developer to access this account, and authorizes the Host
Provider to provide the Developer with "write permission" for the Client's directories or programs
which need to be accessed for this project.
It is agreed that this account will be hosted by HostMySite [http://www.hostmysite.com]. In the
opinion of the Developer this Host Provider offers superior service and affordable value. HostMySite
provides 24/7 customer service, by phone or chat, and is consistently ranked as one of the top
providers in the nation (see Maintenance Agreements, and Blog Software).The ability to secure this account independently is offered to the Client as a way to help control
cost, and receive the 24/7 Customer Service.
Domain Registration
Should the Client desire a specific domain name which is already owned by another party and
negotiations for said domain name must be undertaken by the Developer, additional charges may
apply. |
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1. Areas Of Concern
