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218 Galano Plaza
Union City, CA 94587
Phone: (510) 675-0489
E-mail: @yahoo.com
Company Name_________________
Address: _______________________
_______________________________
Phone: _________________________
Fax: ___________________________
Email: _________________________
Date: __________________________
Contracting Party: ____________________
Project: Business Web Site and Marketing Presentation.
Project Description: Layout and design (HTML) Web Pages plus graphic logo design
Non-Refundable Fee (payment due at stage of project development): (10%)
PROJECT BID | Tentative Schedule | Fees |
| Design Development, Domain and Web Hosting | | |
| Development Beta Site (HTML), Testing and Pre-launch (localization) | | |
| Final Design of Web Site(HTML) Target Launching | | |
| PROJECT BID TOTAL: | | |
DELIVERABLES | Tentative Schedule (estimate) |
| Concept Listing - layout, design concept web page - (e-files or screenshots) | |
| Web site Architecture and Site Map - (e-files or screenshots) | |
| Design Proof (Html,.jpg or .psd documents) - (e-files) | |
| Beta Web site Pre-launch - localization (off-line testing, demo presentation) | |
| Final Design - Web site Launching | |
All information in this proposal is subject to the following contractual terms.
INDEPENDENT CONTRACTING AGREEMENT
For the purposes of this agreement, Kevin Ly shall hereafter refer to as the CONTRACTOR, and ______________ at ___________________________________________________, shall be referred to as the CONTRACTING PARTY.
Contractor Services
The CONTRACTOR will provide the following services: Layout and design (HTML) Web Pages plus graphic and logo design of company Identity.
Payment
Project rate is previously determined by the above bid and is offer by the CONTRACTING PARTY’S (____________________). Payment is due upon deliver of the project during stage listed below:
Design Development, Domain and Web Hosting (10%)
Development of Beta Site (HTML), Testing and Pre-launch (localization) (40%)
Final Design, Launching and contract agreement: (40%)
Payment is make payable to the CONTRACTOR Kevin Ly
Change Orders
If at any time following acceptance of this Agreement by the CONTRACTING PARTY, the CONTRACTING PARTY should desire a change in CONTRACTOR'S performance under this Agreement that will alter or amend the final deliverables, post-beta design or production schedule, CONTRACTING PARTY shall submit to CONTRACTOR a written proposal specifying the desired changes.
For purposes of this Agreement, each Change Order duly authorized in writing by CONTRACTING PARTY and CONTRACTOR shall be deemed incorporated into and made part of this Agreement. Each such Change Order shall constitute a formal change to the Agreement, and completion dates as finally agreed on.
Ownership of Work Product
All files, content deliverables and authoring media (graphic-.jpg or tif and web pages-html) produced by the CONTRACTOR shall be owned by the CONTRACTING PARTY subject to full payment of all consulting fees due under this Agreement. In case of non-payment all media will remain the sole property of the CONTRACTOR, including all ideas, concepts, physical work product and intellectual property developed within the project and all source materials provided by the CONTRACTING PARTY will be returned in full.
Non-Disclosure Obligation
CONTRACTOR agrees to take all steps reasonably necessary to hold in trust and confidence the CONTRACTING PARTY’S Confidential Information. “Confidential Information” includes technical and business information, research and development, costs, marketing and future business plans. The CONTRACTING PARTY itself also agrees to take all steps reasonably necessary to hold in trust and confidence the CONTRACTOR’S Confidential Information.
Approval by Representative
Approval for this project will be given by writing and verbal approval by the following representative of CONTRACTING PARTY, _________________. All signature approval by this person will be considered approval of any phase of this project. If for any reason, the representative of the company changes at any point in the production, planning or execution of this project, all previous approvals by the currently listed representative shall be binding. CONTRACTING PARTY must inform CONTRACTOR of changes in authorized representation in writing. CONTRACTOR must give immediate written notification of receipt of this change. If no reply is given within 3 days of the receipt of any written documentation or deliverable approvals then approval of said documentation is assumed.
Contractor Use Rights
CONTRACTOR reserves the right to use the screenshot materials and interactive samples of this site for purposes of portfolio presentation. CONTRACTOR also reserves the right to present all work accomplished in the project for various awards, contests, and competitions. All awards will be documented and information provided in writing to the CONTRACTING PARTY'S for inclusion in CONTRACTING PARTY'S marketing.
Contractor Credit
CONTRACTOR shall be referenced and credited for this project on the bottom of the brochure page in 10 + point text as " Design and Developed by Kevin Ly" with a link to CONTRACTOR'S sites and e-mail and personal web address.
Limited Warranty
CONTRACTOR will not knowingly infringe upon any existing patents of third parties in the performance of services required by this Agreement, but CONTRACTOR MAKES NO WARRANTY OF NON-INFRINGEMENT of any United States or foreign patent or copyright.
CONTRACTING PARTY acknowledges that the CONTRACTOR owns or holds a license to use and sub license various preexisting developmental tools, routines, subroutines and other programs, data, incidental graphics, screen elements such as navigational devices, and materials that the CONTRACTOR may include in the product developed under this Agreement. This material shall be referred to as “Background Technology”
CONTRACTOR retains all right, title and interest, including all copyright, patent rights and trade secret rights in the Background Technology. Subject to full payment of the consulting fees due under this Agreement, CONTRACTOR grants CONTRACTING PARTY a nonexclusive, perpetual worldwide license to use the Background Technology in the product developed for and delivered to CONTRACTING PARTY under this Agreement, and all updates and revisions thereto.
CONTRACTING PARTY and CONTRACTOR indemnify one another and hold one another harmless from any and all claims arising from the publishing of CONTRACTING PARTY’S Content for internet and interactive media usage.
Independent Contracting
THIS IS AN AGREEMENT FOR INDEPENDENT CONTRACTING SERVICES. THE CONTRACTING PARTY PROVIDES NO BENEFITS SUCH AS HEALTH INSURANCE, UNEMPLOYMENT INSURANCE, OR WORKER'S COMPENSATION INSURANCE TO INDEPENDENT CONTRACTOR.
INDEPENDENT CONTRACTOR IS RESPONSIBLE FOR PAYMENT OF ALL FEDERAL, STATE AND LOCAL INCOME TAXES.
INDEPENDENT CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING ALL TOOLS AND MATERIALS REQUIRED FOR PERFORMANCE OF THE TASKS AGREED TO.
Dispute Resolution
Any disputes in excess of $5,000 (maximum limit for small claims court) arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and the judgement entered in any court having jurisdiction thereof.
This Agreement shall be governed by the laws of the State of California.
Acceptance of Agreement
The signature of both parties shall evidence acceptance of these terms.
If these terms and rates meet with your approval, please sign below and send a copy back to the CONTRACTOR address above. Work is currently in progress and shall be completed and deliver on the date noted by the above project bid by the CONTRACTOR. Payment shall be delivering by the CONTRACTING PARTY upon receiving the final design and product (html web pages and graphic logo of company identity).
____________________________________
Company Name
____________________________________ ____________________________________
Authorized Signature Date
____________________________________
Print Authorized Name
____________________________________ ____________________________________
Contractor Signature Date
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