The above-named client is engaging Amarillo Mass Marketing, located at Amarillo, TX 79101, as an independent contractor for the specific project of developing and/or improving a World Wide Website to be installed on the client’s web space on a web hosting service’s computer. The client hereby authorizes Amarillo Mass Marketing to access this account, and authorizes the web hosting service to provide Amarillo Mass Marketing with “write permission” for the client’s web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes Amarillo Mass Marketing to publicize their completed website to Web search engines, as well as other Web directories and indexes.
Website Packages Only
The content of the web pages will be supplied by the Client and executed. The prices of each are detailed on www.amarillomassmarketing.com the attached estimate. Not withstanding any prices listed in literature or on web pages, the Client and Amarillo Mass Marketing agree that the services described above in this section shall be completed for (Please see Confirmation) and upon this amount the first payment shall be determined. The final payment shall reflect and include all elements actually completed at the prices attached. We include e-mail/phone consultation of up to 1 hour total general Internet orientation education, marketing strategy, Web design consultation, and helping Clients learn to use the store software. Telephone long distance charges are in addition to package rates quoted. Additional education and consultation is at our hourly rate of $25.00. We will provide one free training session up to one hour in length for Turbo and Elite website projects upon website launch. Charged website projects can purchase a training at our hourly rate of $25. If the initial training does not last the full one hour, this time is non-transferable to the next training appointment. Any additional training required will be billed at the hourly maintenance rate of $25.00. AMMWP Training guides will be supplied to all clients upon launch. Product web pages, products, or photos added after the store is ready for advertising to the Web search engines will be calculated for actual time spent at the hourly rate specified below.
Maintenance and Hourly Rate
This agreement includes minor web page maintenance to regular web pages (not store product pages) over a one month period, including updating links and making minor changes to a sentence or paragraph. It does not including removing nearly all the text from a page and replacing it with new text. If the Client or an agent other than Amarillo Mass Marketing attempts updating the Client’s pages, time to repair web pages will be assessed at the hourly rate, and is not included as part of the updating time. The one month maintenance period commences upon the date the Website becomes active. Changes requested by the Client beyond those limits will be billed at the hourly rate of $25.00. 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, content writing, logos, modifying product pages and databases in an online store, and Art, photo, graphics services, and helping Clients learn how to use their own web page editor. CGI programming charges (if any) are not included in this rate.
Changes to Submitted Text
Please send us your final text. Time required to make substantive changes to Client-submitted text after the web pages have been constructed will be additional, billed at the hourly rate. Amarillo Mass Marketing agrees that upon completion of the website and all applications, the site will be manageable by the Client therefore allowing changes to be made to created pages, text, and graphics of the content areas of the website.
Amarillo Mass Marketing and the Client must work together to complete the website in a timely manner. We agree to work expeditiously and to complete the website no later than 60 days from signing your confirmation unless otherwise noted if the Client does not supply Amarillo Mass Marketing complete text and graphics content all web pages contracted for within one week of the date this contract was signed. If the content and graphical submissions have been delayed due to the involvement of a third party working with either Amarillo Mass Marketing or the Client, the Client is not deemed responsible and therefore will not be held to the one week submission term. The determined completion date governed in this agreement is subject to change in relation to the date of submission to Amarillo Mass Marketing of content, graphics, guidelines, structures and any other necessary materials needed for the completion of the Website. The Client understands that Amarillo Mass Marketing may alter the Completion date as items are added to the production schedule in form of Addendum.
Assignment of Project
Amarillo Mass Marketing reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
Amarillo Mass Marketing does not warrant that the functions contained in these web pages or the Internet website will operate uninterrupted or error-free. The entire risk as to the marketing performance and success of the web pages and website is with Client. In no event will Amarillo Mass Marketing 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 website, even if Amarillo Mass Marketing has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Copyrights and Trademarks
The Client represents to Amarillo Mass Marketing and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Amarillo Mass Marketing 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, and will hold harmless, protect, and defend Amarillo Mass Marketing and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
Laws Affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Amarillo Mass Marketing and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet electronic commerce.
Copyright to Web pages
Copyright to the finished assembled work of web pages produced by Amarillo Mass Marketing is owned by Amarillo Mass Marketing. The AMMWP content managed system is owned by Amarillo Mass Marketing – 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 photos, graphics, source code, work-up files, and computer programs developed by Amarillo Mass Marketing are specifically not transferred to the Client and remain the property of their respective owners. Rights to all content including: photos, logos, graphics, and work-up files submitted and owned by the Client remain property of Client and are not transferred to any Third party including Amarillo Mass Marketing. Targeted SEO Landing Pages / AKA – SML Pages may be created and supported by using Amarillo Mass Marketing proprietary technology – these pages are subject to change in order to best suit the needs of the client’s marketing campaign. If SEO is discontinued / cancelled by client or client stops paying for Amarillo Mass Marketing SEO services the technology will be disconnected and the pages will no longer be available and or supported. The SEO pages are not property of client and are solely owned by Amarillo Mass Marketing under Licensed Trademarked AMMWP proprietary technology system. Amarillo Mass Marketing and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. If service is cancelled by the Client, website design files are processed by our development team within 2-3 weeks and sent by request only. If design files are requested after the site has been removed from Amarillo Mass Marketing servers, the files cannot be provided. Design files will be provided upon receipt of final payment only.
Payment of fees
In order for Amarillo Mass Marketing to remain in business, payments must be made promptly. Delinquent bills will be assessed a $35 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 10% penalty will be added for each month of delinquency. Amarillo Mass Marketing reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by Amarillo Mass Marketing regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this contract was entered into in Oakland County, Michigan and any dispute will be litigated or arbitrated in Oakland County, Michigan. Please pay on time. Fees to Amarillo Mass Marketing are due and payable on the following schedule unless stated otherwise in the Initial Payment area of this agreement: 50% upon signing this contract, 50% when the web pages have been constructed according to the Client’s original written specifications. If the total amount of this contract is less than $1,500.00, the total amount shall be paid upon signing this contract. In case the Client has not secured Web space on a web hosting service by the time the web pages are completed, the web pages may be delivered to the Client on diskette or attached to an e-mail message. Advertising the pages to Web search engines and updating occur only after the final payment is made. All payments will be made in US funds.
If content is not supplied within the one (1) week of the allotted production schedule, Amarillo Mass Marketing has the right to use filler content. The client will be charged by the hourly maintenance rate, $25/hr, if they request Amarillo Mass Marketing to change/alter the filler content. The Content Managed System supplied with the website is capable of changing the content. The client can change the content manually. If the Client has not provided content at the time of the determined completion date in this agreement, the client is responsible for the remaining development costs. If the responsibility of content and graphical submission has been delayed due to the involvement of a third party working with either Amarillo Mass Marketing or the Client, the Client is not deemed responsible and therefore will not be held to the one week submission term. When Amarillo Mass Marketing has completed initial design of the site, a revision appointment will be scheduled. The client is allowed one set of revisions. This agreement will be bound by the signed Client’s Request for Final Revision. Any major revisions after the date signed will be billed at our hourly maintenance rate of $25/hour.