Mobile Web Site Design Services

Disclaimer: Dear Warrior - you need to make all relevant changes to this document and we recommend you have it reviewed by your lawyer as laws vary by state and country. This cannot be used as-is and SqueezeMobi cannot be held responsible should something go wrong between yourself and your client. You cannot use the trade name SqueezeMobi or the SqueezeMobi logo to represent your business in any way. These elements must be replaced with your logo and trade name.

Client Name

Your Company Name 1/7/2012 [1]

Mobile Web Design Services Agreement

Contact Name ________________________________________________ Phone _____________________________FAX_______________________ Company/Client ______________________________________________ Address ______________________________________________________ Postcode ______________________________ E-mail address _________________________ Current website (if any):
Our desire is to build long-term relationships with our clients and provide high-quality services. In order to deliver the correct services it is important to thoroughly describe the terms of the agreement between [Your Company] (the Company) and [Client Company Name] (the Client). The terms of the agreement are as described below: 1. Authorization. The Client is engaging the Company, located at [123 Main Street, City, State], as an independent contractor for the specific project of developing and/or improving a mobile site to be installed on the client's web space on a web hosting service's computer. The client hereby authorizes the Company to access this account, and authorizes the web hosting service to provide the Company with "written permission" for the client's webpage directory, CGI-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes the Company to publicize their completed site to Web search engines, as well as other Web directories and indexes. 2. Standard Mobile Site Package Elements. The Company includes the following elements in our Standard Design Packages: E-mail/Phone Consultation (Up to 1 hour total general mobile marketing orientation education, mobile marketing strategy, and mobile site design consultation. Telephone long distance charges are in addition to package rates quoted. Additional education and consultation is at our hourly rate of $60.00 per hour.) Custom Graphics Package. Custom graphics for your mobile site which can include the clients logo and other elements. Words of Text supplied by the client (100 words per page maximum but frequently much less. Appropriate text will be decided upon during the hour long consultation. Web pages of more than 600 words of text may be subject to additional fees, especially if they require a great deal of formatting.) Links to external pages, up to 2 per page. [2]

 Photos and Other Misc. Graphic Images supplied by the client (up to an average of 2 included per page in standard sites and "regular" online store pages, in addition to masthead and top-of page graphic. Color originals larger than 5" x 8" are extra). Installation of mobile pages on the client's web hosting service. Minor Updates and Changes to existing mobile pages for six months, subject to the limits outlined below. Additional changes billed at hourly rate. For online stores, this includes only "regular" pages, not product pages or the ordering system pages. Site Publicity to at least a dozen major Web search engines. E-mail Response Link on each mobile page to any e-mail address the client designates.

3. Standard Mobile Site Packages Only. The content of the web pages will be supplied by the client. This mobile site package includes up to 5 web pages. In case the client desires additional standard web pages beyond the original number of pages specified above, the client agrees to pay the Company an additional $300 for each additional webpage. Graphics or photos beyond the allowed average of 2 per webpage shall be billed at an additional $40.00 each. Where custom graphic work (beyond the scope of the "Custom Graphics Package" detailed above) is requested, it will be billed at the hourly rate specified below. The store size and additional services, and prices of each are detailed on the attached estimate. 4. Web Hosting. The client understands that any web hosting services require a separate contract with a web hosting service. The client agrees to select a web hosting service which allows the Company full access to the mobile site. 5. Online Stores Only. (Cross out this section for Standard Mobile Site Packages.) The text and graphic content of the web pages will be supplied by the client and executed as specified by the client in the "webpage Planning Worksheet" dated [July 1, 2012] and the Store Planning Worksheet dated [July 1, 2012]. It is understood that total prices calculated below may to vary from the final amount due to different quantities of products, categories, photos, regular pages, etc. in the final store. An Estimate from the Company dated [July 1, 2012] is attached to this document and governs the prices for this contract. Notwithstanding any prices listed in literature or on web pages, the client and the Company agree that the services described above in this section shall be completed for $1700.00 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. 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. 6. Maintenance and Hourly Rate. This agreement includes minor mobile site maintenance to regular mobile pages (not store product pages) over a six-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 the Company attempts updating the client's pages, time to repair mobile pages will be assessed at the hourly rate, and is not included as part of the updating time. The six-month maintenance period commences upon the date the client signs this contract. Changes requested by the client beyond those limits will be billed at the hourly rate of $40. This rate shall also additional work authorized beyond the maximums specified above for such services as general mobile [3]

marketing education, mobile marketing consulting, mobile site design, editing, modifying product pages and databases in an online store, and art, photo, graphics services, and helping clients learn how to use their own mobile site editor. CGI programming charges (if any) are not included in this rate govern. 7. 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. 8. Quotes and Project Timelines. Please be aware that projects are subject to change based on the actual development, planning, and requirements of the service provided. While we will certainly make every effort to do so, we make no guarantees that we will meet every budget or timeline that we propose. If a situation arises where additional time is required or the proposed budget is exceeded by more than 10%, we will present you with a new estimate prior to commencement of additional work. 9. Completion Date. The Company and the client must work together to complete the mobile site in a timely manner. Mobile site layouts will be submitted for comments and review by _____________. We agree to work expeditiously to complete the mobile site no later than ___________________________. If the client does not supply the Company complete text and graphics content for all mobile pages within six weeks of the date this contract was signed, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within two months after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the mobile site is advertised. 10. Fees. Fees to the Company are due and payable on the following schedule: 50% upon signing this contract, 50% when the mobile site has been constructed according to the client's original written specifications. If the total amount of this contract is less than $600, the total amount shall be paid upon signing this contract. Please note: final bill will be issued upon completion of the Companys work -OR if we have completed our development and are awaiting final changes from the client for more than 14 days, the final payment will be due and issued. The final changes the client requires will still be included in the final invoice/bill amount, but can be completed at the clients leisure (up to 6 months). Larger projects (over $7,000) will be divided into an initial payment, progress payments and final payment. If your mobile site is going to be hosted elsewhere from Company.com, final payment must be made after you have approved the completed site and prior to Company.com loading your new site online to your hosting ISP. We will host your site at an address on our servers until final payment is made. In case the client has not secured Web space on a web hosting service by the time the web pages are completed, the mobile pages may be delivered to the client by other electronic means. Advertising the pages to Web search engines and updating occur only after the final payment is made. All payments will be made in USD. Payment is accepted in the form of cash or cheque. All payments should be made payable to the Company. 11. Assignment of Project. The Company reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion. 12. Legal Considerations. The Company does not warrant that the functions contained in these pages or the mobile site will meet the client's requirements or that the operation of the pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the pages and mobile site is with client. In no event will the Company 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 pages or mobile site, even if the Company has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, [4]

then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. 13. Copyrights and Trademarks. The client represents to the Company and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Company for inclusion in the site 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 Company and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. The copyright of the design of your site that Company.com creates remains our design copyright. You can use this site for the business or purpose we create it for and move it to any other server and modify the code in any way you like. You cannot, however, use our design for other sites by either on-selling the design or copying our code for another site external to the purpose we created the site for (copying the mobile site for another business you own for example) -unless this is previously agreed in writing. Our design notice must appear on the home page of your site. You can choose the position and font color (so long as it is legible). If you wish to purchase full design copyright of the site, you can, but this is not included in our regular site development fees. 14. 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 the Company and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce. 15. Copyright to Mobile Pages. Copyright to the finished assembled work of the mobiles pages produced by the Company is owned by the Company. Upon final payment of this contract, the client is assigned rights to use as a mobile site the design, graphics, and text contained in the finished assembled mobile site. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. The Company retains the right to display graphics and other design elements as examples of his work in his respective portfolios. 16. Payment of Fees. In order for the Company to remain in business, payments must be made promptly. Delinquent bills will be assessed a $25 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 5% penalty will be added for each month of delinquency. The Company reserves the right to remove 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. In the event that the mobile site is not completed by the date above due to pages/content to be added in addition to the contract herein or any other reason other than fault of designer, a progress payment shall be made to the Company in the amount of of the total contract bi-monthly until the mobile site is completed. This agreement becomes effective only when signed by the Company. Please pay on time. 17. Sole Agreement. The agreement contained in this contract constitutes the sole agreement between the Company and the client regarding this mobile site. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for six (6) months after both parties sign this contract. Continued services after that time will require a new agreement. 18. Initial Payment and Refund Policy. The total amount of this contract is $____________ [5]

This agreement begins with an initial payment of $850.00 (Received____________). If the client halts work and applies by registered letter for a refund within 15 days, to the Company, 123 Main Street, City, State, phone 555 555 5555 work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 15 days of signing this contract. The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.

On behalf of the client (authorised signature):

_______________________________________ Date ________________

Company (authorized signature):

_______________________________________ Date ________________

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