| Section A.1. |
General
This Appendix A is an addendum to the
Web Design Agreement (the Agreement) between EVC and
_____________________________
(the Customer)
dated ______________. This Appendix A is explicitly incorporated within
the Agreement. |
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| Section A.1. |
Services and
Rates (See Agreement, Sections 2. and 7.): |
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All services
described herein are to be performed by EVC and/or its
sub-contractors in accordance with the most commonly accepted
standards and practices for the publishing of websites. |
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(Insert
services
and related rates as determined during initial consultation.) |
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| Section A.1.1. |
Fixed Rates |
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a. Delinquent
Payments:
3% of delinquent amount for
each 30 days of delinquency |
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b. Returned Check charge, per occurrence $20.00 |
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c. Minimum Charge,
per invoice $10.00 |
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d. Sales Tax,
current rate if tax applies |
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| Section A.1.2. |
Rates Subject
to Change |
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All rates, prices
and other monetary charges are subject to change without
notice except that rates, prices and monetary charges included
in this Agreement shall not change for a period of six (6)
months from the date of execution of this Appendix A. |
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| Section A.2. |
Content
Provided By (See Agreement, Section 5): |
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(Insert paragraph specifying
responsibilities for content.)
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| Section A.2.1. |
Publishing Rate
A Publishing Rate of $25.00 per hour will be billed to Customer
for initial website content which is missing or
otherwise is provided after the Published Date and which Customer
desires EVC to publish on the website. |
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| Section A.3. |
Maintenance
(See Agreement, Section 5.1.): |
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Section A.3.1.
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Minor Maintenance
(Strike this Section A.3.1. if not agreed to by EVC and Customer.)
EVC agrees to perform future minor web page
maintenance at a cost of $25.00 per hour over a six-month
period not to exceed an average of one hour per page over
six-months, including updating links and making minor changes
to a sentence or paragraph. Minor Maintenance pursuant
to this section does not include removing
major portions of text or other content from a page and
replacing it with new text or other content or adding
additional pages.
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| Section A.3.2. |
Repair
If Customer or an agent of Customer, other than EVC, attempts to
update, change or otherwise amend Customer's web pages and
damages the design or ability for the web pages to display or
function properly, time to repair the web pages will be billed
at the hourly rate of $60.00 per hour. This repair
charge is not included as part of any other services agreed to by EVC
and Customer. |
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| Section A.4. |
Incremental Notice (See Agreement, Section 7.1.):
Amount of billable work pursuant to Agreement, Section 7.1:
$_____________
e-mail notice:
To EVC: sales@el-valle-cons.com
To Customer:
____________________________________
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| Section A.5. |
Standard Media
Delivery |
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The Agreement and this Appendix
A,
unless otherwise amended, assumes that all text is provided by
Customer in electronic file ASCII format or Microsoft Word format (on
floppy disk, via e-mail or via FTP retrievable). All
photographs and other graphics will be provided in high quality
print suitable for scanning or in electronic format on a floppy disk, e-mail or FTP
retrievable in .gif, .png or .jpeg (.jpg) formats. |
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| Section A.6. |
Programming
Code |
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EVC will create
programming code as necessary to meet the requirements for
publishing Customer's website. This includes code elements being
custom created for Customer and may include purchased toolbox
techniques and pre-developed code that is the property of EVC
or one of its Contractors. Even though EVC will provide
ownership of the source code for the website to Customer in
accordance with Section 8 of the Agreement, EVC specifically
does not grant ownership of copyrighted purchased toolbox
techniques and pre-developed code which may have been
incorporated in the code. |
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| Section A.7. |
Access to Web
Site Server |
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In order to
install Customer's website EVC is hereby granted read/write access to
Customer's web host server storage directories which must be accessible
via FTP or FrontPage technologies. Depending upon the
scope of the website project, other resources may have to be
configured on the web host server. Customer agrees to provide EVC
with all necessary passwords and user identifications as
required to access Customer's website on the web host server. |
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| Section A.8. |
Right to Remove
Web Site |
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By signing this
Appendix A to the Agreement, Customer agrees to provide EVC or
its appointed agents "on demand" access to the
installed website and Customer further agrees that EVC shall
have the right to remove the website from public posting for
failure to adhere to the terms of the Agreement and this Appendix
A, including
violating any licensing agreements or failure to pay fees duly
billed. Customer agrees to provide EVC with
all necessary passwords and user identifications as required
to access Customer's website on the web host server for purposes of deleting the web
websitepursuant to this provision. |
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| Section A.9. |
Advertising
Fees |
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All advertising
fees for the website shall be payable by Customer in advance of
the commitment for advertisement by EVC. |
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| Section A.10. |
Design Credit |
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Unless otherwise
agreed, Customer agrees to allow EVC to include the following statement in 8 pt. type at the bottom of each page of
Customer's
website:
Web Site Design
by El Valle Consulting
The above design
credit shall be linked to EVC's website. |
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| Section A.11. |
Refusal to
Service and Related Limitation of Liability |
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EVC reserves the
right to refuse service for an advertisement or other material
posted to the website that EVC in its sole discretion
believes is not legal, ethical or in good taste. |
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| Section A.11.1. |
Customer
Material
Customer hereby agrees that any material submitted for
publication will not contain anything leading to an abusive or
unethical use of the website's web hosting service or
host server. Abusive and unethical materials and uses
include, but are not limited to: spam, pornography,
obscenity, nudity, violations of privacy, computer viruses,
any harassing and harmful material or uses, any illegal
activity or material advocating illegal activity, and any
infringement of privacy or act of libel. |
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| Section A.11.2. |
Indemnification |
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Customer
hereby
agrees to indemnify and hold harmless EVC from any claim
resulting from Customer's publication of material or use of
those materials. Customer specifically agrees that
EVC shall not be held liable or responsible for content of any
advertisements or other material Customer publishes on the web
site. |
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| Section A.12. |
Acceptance of
Terms and Conditions |
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Customer and EVC will regard
the placement of
an order with EVC or agreement with EVC for the authoring or placement
of website pages as an acceptance
of the above terms and conditions. Orders may be placed
by telephone or e-mail and must be confirmed in writing via
U.S. Mail with such confirmation including a signed copy of
the Agreement and this Appendix A. |
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| Signatures: |
Both Customer and EVC agree to the above
stipulations as an addendum to the Agreement. In witness
whereof, the parties hereto have executed this Appendix
A to the Agreement as of
the date indicated below: |
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Customer
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Signature: _____________________________________
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Title:
____________________________ Date: __________
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El Valle Consulting, LLC.
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Signature: _____________________________________
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Title:
____________________________ Date: __________
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