Level 2 Contract – JRA Design & Technology

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JRA Design and Technology Level 2 Contract

Between : JRA Design and Technology
And [customer-name]

JRA Design and Technology
Date: [date-sign]
183 Bliss Hill Road
Royalston MA 01368

Consignor: [customer-name]
Company Name: [customer-company]
Address: [customer-address]
Email: [your-email]
Phone: [customer-company]

1. Authorization.
The above-named Client is engaging JRA Design and Technology, known as Developer, located at 183 Bliss Hill Road, Royalston, MA 01368, as an independent contractor for the specific purpose of developing and/or improving a web site. The Client hereby authorizes Developer to access the above FTP account, and authorizes the web hosting service to provide Developer 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 Developer to publicize their completed web site to Web search engines, as well as other Web directories and indexes.

2. Level 2 Web Site Package Includes:

• Site design and development (12 hours + annual time allotment)
• Responsive design
• 5000 mbps monthly bandwidth transfer per month
• Up to 10 email accounts (up to 250 mbps per, cpanel support only)
• domain name registration (annual renewal)
• website hosting
• ssl certificate
• monthly analytics and statistics report
• search engine optimization plus
• xml sitemapping plus
• manual search engine site submission – google / bing
• site optimization compliant International Standards Organization
• blog set up – user maintained
• social applications setup – user maintained
• 12 hours html design / programming annually (after 12 hours initial design time)

3. Additional Expenses.
Client agrees to reimburse the Developer for any critical Client requested expenses necessary for the completion of the project. Examples would be: • Purchase of specific fonts at the Client’s request, • Purchase of specific photography at the Client’s request. • Purchase of specific software at the Client’s request.

4. Client Amends / Changes.
Developer prides itself in providing excellent customer service. That is the spirit of our agreement and the spirit of the Developer’s business. To that end, we encourage input from the Client during the design process.
The Developer understands, however, that Clients may request significant design changes to pages that have already built to the Client’s specification. To that end, please note that our agreement does not include a provision for significant page modification or creation of additional pages in excess of our agreed hourly maximum.
Some examples of significant page modification at the request of the Client include:

• Developing a new table or layer structure to accommodate a substantial redesign at the Client’s request.
• Recreating or significantly modifying the company logo graphic at the Client’s request.
• 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.

Clients who anticipate frequently changing the look of their site during the design process and Clients who desire to be intricately involved in design of each page are encouraged to negotiate an agreement which exceeds the hourly maximum. If significant page modification is requested by the Client after the hourly maximum has been reached a Change Request with estimated costs will be submitted for Client approval prior to changes being done.
Moderate changes, however, will always be covered during our development of the site and also covered by our maintenance agreement.

In addition, we will work with you to determine fair market value and selling prices. Any receipts on more valuable items such as artwork, jewelry, collectibles or furniture may be helpful in determining resale values. Please assist us with identifying any issues with electronics, appliances, equipment, etc. that are not in working order. We allow buyers to return non-working items that have not been identified as such within 48 hours – otherwise, buyers are reluctant to purchase these items. This is also another reason we have such a loyal buyer base. You must remove all small items and secure them in a safe room or closet that is not accessible. Large furniture items can be monitored but must be marked not for sale by the client. We cannot be responsible for small or large items that inadvertently sell if they are left out in the selling areas or are not properly marked.

5. Third Party or Client Page Modification.
Some Clients will desire to independently edit or update their web pages after completion of the site. Note however, Developer is not responsible for any damage created by the Client or agent of the Client. Any repairs required will be assessed at an hourly rate.

6. Web Hosting.
If the Client agrees to select alternate web hosting service that allows JRA Website Design full access to the web site and a cgi-bin directory. The Client further understands that if the web hosting service’s operating system is not a Unix system, standard CGI software may not work, and providing a substitute may incur additional charges.

7. Search Engine Registration.
The Developer will optimize the Clients web site with appropriate titles, keywords, descriptions and text and thereafter submit the Client’s web site to each of the major search engines and directories.

8. Work Schedule and Completion Date.
Developer to submit a First Mockup Draft of web site no later than twenty (20) days after Developer receives signed agreement, along with down payment and initial direction from the Client. Client to provide Developer with all the data needed to complete web site, including text, company logo, and photos. Upon completion of this stage, the Client will be asked to confirm acceptance for the basic site design via e-mail or by signing a printed copy of the design and faxing to Developer. Once this acceptance is received from the Client, the work necessary to complete the project will continue.

Upon completion of the initial web site design, an e-mail or letter and invoice will be sent to the Client advising the Client that the work has been completed. Client will supply written approval by printing, initialing and faxing back each page in web site. After approval site will then be uploaded to Client’s hosting company.

9. Maintenance Period.
This agreement includes 12 hours design / maintenance annually.
Changes requested by the Client beyond those limits will be billed at the hourly rate.

10. Copyrights and Trademarks
The Client represents to Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Developer 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 Developer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

11. Assignment of Project.
The Developer reserves the right to assign certain subcontractors to this project to insure the right fit for the job as well as on-time completion. The Developer warrants all work completed by subcontractors for this project. When subcontracting is required, the Developer will only use industry recognized professionals.

12. Age.
Authorized representative of the Client certifies that he or she is at least 18 years of age and legally capable of entering a contract in the State of Massachusetts on behalf of the Client.

13. Warranties and Liability.
Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or the Developer. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy..

Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s publication of material or use of those materials.

It is also understood that the Developer will not publish information over the Internet which may be used by another party to harm another. The Developer will also not develop a pornography or warez web site for the Client. The Developer reserves the right to determine what is and is not pornography.

Developer does not warrant the functions of the site will meet Client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and / or error-free. Developer is not to be held responsible for occasional downtime of email or web site due to line interruptions and/or other instances beyond Developers control.

14. Indemnification.
Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with the Developer’s development of the Client’s web site. This includes Liabilities asserted against the Developer, its subcontractors, it’s agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns.

Client also agrees to defend, indemnify and hold harmless the Developer against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.

15. Rights Upon Termination of Agreement.
Developer shall transfer, assign and make available to Client all property and materials in Developer’s possession or subject to Developer’s control that are the property of Client, subject to payment in full of amounts due pursuant to this Agreement

Deposit of $569.00 Due at signing

129.00 per month due on the 1st of the next month for the next 24 months

Contract will renew annually past the 24 month mark
30 day notice in writing required for contract cancellation past the 24 month mark.

Developer also agrees to provide reasonable cooperation in arranging for the transfer or approval of third party’s interest in all contracts, agreements and other arrangements with advertising media, suppliers, talent and others not then utilized, and all rights and claims thereto and therein, following appropriate release from the obligations therein.

In the event the Client terminates this contract by registered letter within 30 days, 100% of down payment will be refunded. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.

Refund request must be submitted by registered letter to JRA Website Design and Technology, 183 Bliss Hill Road, Royalston, MA 01368

16. Default.
In the event of any default of any material obligation by or owed by a party pursuant to this Agreement, then the other party may provide written notice of such default and if such default is not cured within ten (10) days of the written notice, then the non-defaulting party may terminate this Agreement.

17. Notices.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services.

18. 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 Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet electronic commerce.

19. Ownership to Web Pages and Graphics.
Copyright to the finished assembled work of web pages and graphics produced by the Developer 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.

Rights to photos, graphics, computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Developer and its subcontractors retain the right to display all designs as examples of their work in their respective portfolios.

20. Litigation.
Any disputes arising form this contract will be litigated or arbitrated in Massachusetts. This agreement shall be governed and construed in accordance with the laws of the State of Massachusetts, USA.

Undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of both parties. Any changes or modification thereto must be in writing and signed by both parties.

21. Payment of Fees.
The aforementioned deposit is required to commence work.

Developer reserves the right to remove web pages from viewing on the Internet if in breech of contract

22. Sole Agreement.
The agreement contained in this “Web Site Package Contract” constitutes the sole agreement between Developer and the Client regarding this web site. Any additional work not specified in this contract must be authorized by a written change order. All prices specified will be honored for 30 days after both parties sign this contract. Continued services after that time will require a new agreement.

This agreement constitutes the entire understanding of the Developer and Client. This agreement terminates and supersedes all prior understanding or agreements on the subject matter hereof. Any changes or modification thereto must be in writing and signed by both parties

23. Initial Payment and Refund Policy.
The total amount of this contract is $3,665.00
This agreement begins with an initial down payment of $569.00

Signed by and on behalf of

JRA Design and Technology

Date: [date-sign]



183 Bliss Hill Road

Royalston MA 01368

Signed by and on behalf of

Date: [date-sign]

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