Authorization
The Client is engaging Creative Web LLC as an independent contractor for the specific project of developing a Internet Web site to be installed on the web site hosting service specified by the Client.

Site Elements
Creative Web LLC will include the following elements in the web site designed for client.

E-mail/phone consultation: Up to 2 hours marketing and web design consultation. Telephone long distance charges are in addition to standard option package rates and will be billed. All phone consultations will take place between the hours of 5pm - 8pm PST unless otherwise agreed upon. Additional consultation will be billed at an hourly rate of $90 per hour or any part of.

Text: Up to 150 or 300 words per page depending on chosen package. All site text must be supplied by the client in MS Word/Office®, Notepad or Simple Text formats. Creative Web LLC does not assume any liability for typographical or other editing errors. Be sure to edit your text before submitting it for inclusion into the web site.  Client hereby grants permission for Creative Web LLC to place "Web site design by Creative Web LLC" or a similar logo at the bottom of "homepage"  contained in the site, and copyright information at the bottom of every page, with links to the homepage of Creative Web LLC.

Changes to Submitted Text: It is the responsibility of the Client to provide edited text in its final form to Creative Web LLC for integration into the web site. If time is required to make substantial changes to the text which are requested after the web site has been constructed, changes will be charged our standard hourly rate for such changes, currently $75 per hour or any part of.

Links: You may have unlimited links on your pages to internal or external pages as long as they do not link to any other companies offering the same services as Creative Web LLC. E-mail response link on each web page to any E-mail address the client designates.

Standard Graphics include: Masthead graphic on first page (simple graphic incorporating company logo). Top-of-page graphic for all other pages in your Web site. Colorful lines and bullets, and colored and/or textured background.

Web ready graphics to be supplied by Client: All graphics should be in JPEG (72 dpi) or GIF (96 dpi) format and should not exceed six inches by six inches. The number of graphics to be included in each page will be determined by the client's chosen package. These graphics do not include navigation buttons. 

Photos and other graphic images: Images that are not "web ready" must be scanned and/or otherwise edited to prepare for the Internet. Client will be charged an additional $15 for each photo or graphic that requires scanning or minor editing. Custom graphics created by Creative Web LLC will be charged at the hourly rate of $75 for creation in addition to Package price.

Delivery: Publishing Web Site to a Web Site Hosting Service is free of charge if you are a client of Creative Web LLC. Client must already be set-up with the Hosting Service. Creative Web LLC can arrange for hosting and transferring your domain name for an additional charge of $90 per hour or any part of, or you may have it delivered on disc.

IMPORTANT: If the Client or an agent of the Client other than Creative Web LLC makes any attempt to update or make any changes to the Client's Web pages or files, time to repair Web pages will be assessed at $90 per hour or any part of.

Time Frame and Completion
Client and Creative Web LLC agree to work together diligently toward the completion of this project. Client agrees to provide Creative Web LLC with all text, graphics and any other materials necessary to complete the site within ten (10) business days of the signing of this Agreement. The estimated time of completion will be agreed upon after receipt of final text and graphics from Client. Client understands that if changes are made to the original work specifications, or if materials are not delivered to Creative Web LLC by the specified date, scheduling conflicts may cause the time of completion to become undetermined.

Disclaimer
Creative Web LLC is not responsible for quality or reliability of any Web presence or Internet Service Provider. Creative Web LLC does not warrant that the operation of this Web site will be uninterrupted or without error. In no event will Creative Web LLC be liable to the client, or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages, arising out of the operation of or inability to operate these web pages, or web site, even if Creative Web LLC has been advised of the possibility of such damages, unless failure to perform is due solely to negligence on the part of Creative Web LLC.

Assignment of Project
Creative Web LLC reserves the right to assign subcontractors to this project to ensure the correct execution of the job as well as timely completion. Full guarantees remain in effect under these conditions.

Satisfaction Guarantee
Creative Web LLC will design to the client's specifications. Creative Web LLC guarantees client satisfaction. If you are unsatisfied with your design and we are unable to correct the problem, you will receive a fifty percent (50%) refund of total Initial site construction costs, and we will surrender all original computer files that you have supplied related to the construction of your web site to expedite completion by another Web Site Designing firm.

Indemnification - Copyrights and Trademarks
The Client represents to Creative Web LLC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Creative Web LLC for inclusion in Web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements. Client agrees to indemnify, defend, and hold harmless Creative Web LLC, its owners, shareholders, directors, officers, employees and agents, and defend any action brought against Creative Web LLC with respect to any third party claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that such action is based upon (1) a claim that any of the Client Content as provided by Client hereunder infringes or violates any rights of third parties, including, without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets and/or licenses, (2) any breach of this Agreement by Client or any act or omission or alleged act or alleged omission by Client in connection with this Agreement, and/or (3) Client’s breach of any covenants, warranties or representations made herein.

Copyright to Web Pages
Upon full payment of Initial Web Site cost and any additional charges which may have been incurred, Creative Web LLC will assign all Copyrights to client for the assembled work of Web pages produced by Creative Web LLC. Rights to photos, and graphics programs which are not owned by Creative Web LLC are limited to the client's use only; the products themselves remain the property of their respective owners.

Termination

Either party may terminate this Agreement if a bankruptcy proceeding is instituted against the other party which is acquiesced in and not dismissed within sixty (60) days, or results in an adjudication of bankruptcy, or the other party materially breaches one or more of its representations, warranties or obligations under this Agreement, and such breach is not cured within thirty (30) days of receipt of notice specifying the breach. No refunds of any kind will be provided.

Domain Name
If you do not already have a domain name registered, Creative Web LLC can register your domain name for you. If you already have a domain name registered, we will transfer your domain to your preferred hosting company. When we move it you may be sent a Notice of Modification Request. Please respond to this message promptly. Additional charges will apply for Creative Web LLC to handle these management tasks at a rate of $90 per hour.

Web Hosting
Our Preferred Hosting Company is Hostway.com. They offer excellent service, features and bandwidth. Creative Web LLC can arrange for the hosting of your completed Web site for an additional hourly rate of $90 per hour or any part of, plus any fees do to the hosting company which will be paid for by Client.

Payment Schedule
Domain Name Registration fees are due upon acceptance of this Agreement. If Creative Web LLC registers your domain name it will be listed as an administrative contact on your Domain Name registration. If not, and you elect to arrange for your own domain name, please list Creative Web LLC as an administrative contact on your Domain Name registration. Domain name registration fees are generally $35 per year per name in addition to any set-up fees. These fees may vary depending on registration company.

Web Design Fees: Initial Web Site construction payment is due within 7 business days of acceptance of this agreement. Your web design will not commence until initial payment is received. Initial payment will be sixty percent (60%) of the estimated total Web Design fees unless total site design is less than $800. If site design is less than $800, entire amount will be due before the project begins.

Final web design payment including additional charges for work not included in your initial chosen package will be due upon completion of your site. This payment must be received before delivery of the completed project.

Design Changes and Updates: All design changes and updates authorized by the client will be billed on the first of each month and are due upon receipt.

Changes & Maintenance
This agreement includes web page maintenance over a twelve (12) month period, including updating links, and making design and editing changes at $75 per hour for layout, content and graphics or $105 per hour for programming. Changes must be agreed upon in writing by Client and Creative Web LLC. E-mails from Client that are replied to by Creative Web LLC qualify as written authorization. The 12-month maintenance period commences upon delivery of this web site project to a Server, as specified above. Additional services including marketing consulting, copy writing, editing, art, photography and various other graphic design services will also be billed at a rate of $75 per hour unless otherwise agreed upon in writing.

Payments and Penalties
Payments must be made promptly. Delinquent bills will be assessed a $20 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional three percent (3%) penalty will be assessed and an additional 1.5% interest (18% annual rate compounded daily) penalty will be added for each month of delinquency, or portion thereof. Creative Web LLC reserves the right to remove web pages from viewing on the Internet until account is current. In the event that debt collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective  when signed by an agent of Creative Web LLC. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Hartford County, state of Connecticut, United States of America.

Arbitration

Any controversy or claim relating to or arising out of this Agreement shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.  Arbitration shall be conducted in Hartford County, Connecticut, U.S.A., and judgment on the arbitration award may be entered into any court having jurisdiction thereof.  With respect to any non-arbitrable issues, you hereby submit to the exclusive jurisdiction of the federal and state courts located within the State of Connecticut.

Entire Agreement
All prior agreements between the parties are incorporated in this agreement, which constitutes the entire contract. Its terms are intended by the parties as a final, complete, and exclusive expression of their agreement with respect to its subject matter and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. This agreement may not be extended, amended, modified, altered, or changed in any respect whatsoever except in writing signed by both parties. I warrant that I have the authority to execute this contract on behalf of myself or my company, and acknowledge that I have read and understand this contract and have received a copy.

Acceptance
I, do hereby accept the terms and conditions set forth by this Agreement. This agreement will be finalized when Creative Web LLC receives the initial payment for my web site design and any additional fees in the form of the Client's company check,  money order or cashier's check as stipulated in the "Payment Schedule" of this Agreement. I further understand there may be amendments posted to this agreement and will be bound by those amendments as well.  End

Instructions
Print, complete, sign and date this Agreement twice. Keep one copy for your records, and you will be given the address to send the second copy to.

Company Name:________________________

Address:________________________

_______________________________

Phone:__________________________

Fax:____________________________

E-mail:___________________________

Print Name:_______________________

Signature:_________________________

Date:________________