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Design Contract

This Service Agreement is made between “Client”, and William Bay of Flaunt Your Site, herein referred to as “Consultant”, functioning in the capacity of an Independent Consultant, for website design services to be rendered by Consultant on behalf of Client.

  1. Services to Be Performed.
    1.  Design of site
      • Consultant shall provide one “comp” of design to be performed.
      • Client shall agree to the design or recommend modifications. Modifications to the design are covered. In the event that the design is rejected, a new design can be started and billed at an hourly rate.
    2.  Creation of WordPress theme based on new design.
      1. All HTML, CSS, and PHP coding is included.
    3. Installation of WordPress and theme onto clients server.
    4. Installation of SEO and general purpose plugins.
    5. Consultation by phone to review usage of:
      1.  Wordpress as a CMS
      2.  SEO plugins and how to effectively use them to gain rankings
      3. Google and Feedburner accounts
  2. Payment. In consideration and for compensation of Consultant’s performance of these services, Client agrees to pay The Consultant the mutually agreed upon price of $3,000.00, to be performed on behalf Client to be paid 1/3 prior to commencement of services, and 1/3 payment upon approval of design and final payment to be made upon launch of site.
  3. Hourly rate: for any work that falls outside the scope of services to be performed shall be $75.00 per hour. Payment will be made within 7 days of written notification/billing of payment being due for additional hours in order for work to continue.
  4. Time Considerations. Completion of project shall be approximately 8 weeks after contract has been agreed to and signed by both Client and Consultant and payment has been made. Any delay on the Clients part in providing necessary information shall extend the timeline of completion.
  5. Client Responsibility and Copyright Considerations. Client will supply Consultant with any applicable material for the project. Client affirms that he is the full copyright owner of such materials, or that he has obtained proper permission from the copyright owner(s) for use of such materials. Client will indemnify Consultant and hold Consultant harmless against any claims of libel, copyright, or trademark infringement brought against Consultant with respect to use of those materials.
  6. Termination Provisions. Either Client or Consultant may, either individually or by mutual agreement, terminate their working relationship by giving written notice to the other party.
    Client and Consultant are in agreement that circumstances or conditions sometimes arise that warrant or necessitate termination of the Client-Consultant working relationship. In view of this possibility, both Client and Consultant agree that should the relationship terminate, it will be done so in an amicable fashion, maintaining an attitude of cooperation and professional demeanor, with respect for the reputation and dignity of the other party.
    If notice of termination is given by either Client or Consultant, no new work shall be initiated, but any work previously authorized by Client up to the point of receipt by Consultant or Client of termination notice shall be completed, and Client agrees to be responsible for prompt payment for such services to Consultant based upon the mutually agreed upon hourly fee. These same terms will apply in the event that either Client or Consultant should initiate termination.
  7. Legal Venue. Any disputes arising from this Agreement will be litigated or arbitrated in San Diego County, California. This Agreement shall be governed in accordance with the laws of the State of California, USA.

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