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Our intent is to provide superior customer service and satisfy our clients, so that you will not only continue to use our services, but will refer new clients to us on a regular basis. The following contract sets forth the terms of agreement with our clients. 1. Authorization. The above-named client is engaging Media Mindset, LLC, a Limited Liability Company, located at 4411 Call Field Rd., Wichita Falls, Texas 76308, as an independent contractor for the specific project of developing and/or improving a web site. 2. Web Site Development/Re-Development. The content of the web pages, or site development, will be supplied by the client, It is understood by the client that this is an estimate only and that the final amount due may vary due to different quantities of products, categories, photos, licensing fees, etc in the final web site. Notwithstanding any prices listed in literature or on web pages, the client and Media Mindset, LLC agree that the services described in the following paragraph shall be completed for approximately $__________________ and upon this amount the first payment of fifty (50%) shall be determined. The final payment shall be paid upon completion of the project and shall be paid in full before the work is published to the Internet. We include up to six (6) hours of Business Analysis with each web site developed by Media Mindset, LLC. Services in excess of six (6) hours will be billed at $60 per hour. If telephone consultation is used, any long-distance charges will apply, as well. Description of Services to be Performed: _______________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ 3. Web Site Maintenance and Hourly Rate. This agreement includes minor web site maintenance to regular web pages over a six-month period, including updating links and making minor changes to a sentence or paragraph. It does not include complete page re-construction. If the client or an agent other than Media Mindset, LLC attempts updating the client's pages, time to repair the web site will be assessed at the hourly support rate of $40 per hour . 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 Media Mindset, LLC full access to the web site and a cgi-bin directory via FTP. 5. Completion Date. Media Mindset, LLC and the client must work together to complete the web site in a timely manner. We agree to work to complete the web site no later than _________________________. This completion date will not apply if client fails to supply the information necessary to complete the work in a timely manner. 6. Payment of Fees. Fees to Media Mindset, LLC are due and payable on the following schedule: 50% upon signing this contract and the remaining balance of 50% when the work has been satisfactorily completed, before the site is published to the Internet. Advertising the pages to Web search engines and updating shall occur only after the final payment is made. All payments will be made in US funds. 7. Assignment of Project. Media Mindset, LLC reserves the right to assign subcontractors to this project to ensure the right skill for the job as well as to ensure the scheduled completion date is met. 8. Legal Disclaimer. Media Mindset, LLC does not warrant that the functions contained in these web pages or the Internet web site will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and web site is with client. In no event will Media Mindset, LLC 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 web pages or web site, even if Media Mindset, LLC has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. 9. Copyrights and Trademarks. The client represents to Media Mindset, LLC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Media Mindset, LLC 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 Media Mindset, LLC and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. 10. Electronic Commerce Laws. From time to time government entities 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 Media Mindset, LLC and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce. 11. Copyright to WebPages. Copyright to the finished assembled work of web pages produced by Media Mindset, LLC shall be wholly owned by Media Mindset, LLC. 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. Media Mindset, LLC and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. 12. Payment of Fees. In order for Media Mindset, LLC to remain in business, payments must be made promptly. Delinquent bills will be assessed a $30 charge if payment is not received within 30 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 7% penalty will be added for each month of delinquency. Media Mindset, LLC reserves the right to remove web 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. This agreement becomes effective only when signed by Media Mindset, LLC. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Wichita County, Texas, and any dispute will be litigated or arbitrated in said County and State. 13. Sole Agreement. The agreement contained in this "Web Site Development Agreement " constitutes the sole agreement between Media Mindset, LLC 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 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. 14. Initial Payment and Refund Policy. The total amount of this contract is $______________ This agreement begins with an initial payment of $_____________. If the client halts work and applies by registered letter for a refund within 30 days, to Media Mindset, LLC, 4411 Call Field Rd., Wichita Falls, TX 76308, the work completed shall be billed at the hourly rate of $35 per hour, 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 of $35 per hour. No portion of this initial payment will be refunded unless written application is made within 30 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 (authorized signature): _______________________________________ Date ________________ On behalf of Media Mindset, LLC (authorized signature): _______________________________________ Date ________________ Print Your Name_______________________________________________ |
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Please sign and date two copies of this contract and mail to: Jan Pearce, 4411 Call Field Rd., Wichita Falls, TX 76308 After the contract is signed by all parties, a fully executed copy of same will be returned to you. |
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PLEASE COMPLETE THE BELOW INFORMATION REGARDING YOUR COMPANY. |

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