1. Authorization

The above-named Client, ________________(hereinafter referred to as "Client"), is engaging Who's Big as an independent contractor for the specific purpose of designing a World Wide Web site, herein after referred to as "Web Design Project", to be published on the Client's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, herein after refer to as "Hosting Service", or provided on diskette at the Client's option. The Client hereby authorizes Who's Big to access this account, and authorizes the Hosting Service to provide Whos Big, with "full access" to the Client's account, and any other programs needed for this Web Design Project that are included as part of the Client's service agreement/level. The Client also authorizes Who's Big to submit the completed Web Design Project to major Web Search Engines.

 

2. Development

This Web Design Project will be developed using the latest technology.

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        o Compatibility - Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Who's Big represents and warrants that the web site we design for you will work in: Microsoft® Internet Explorer versions 6 and up

        o Mozilla Firefox version 2.0 and up

    While Who's Big will make reasonable efforts to design a fully-functional web site, Who's Big warranty does not cover AOL, text-based browsers or requested special effects that we have advised you against.

 

  * For People with Disabilities - Who's Big’s standard is to meet at least half the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.

 

3. Assignment of Web Design Project

Who's Big reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion.

 

4. Copyrights and Trademarks

The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Who's Big for inclusion in the Web Design Project 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, indemnify and defend Who's Big and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.

 

5. Web Site Maintenance

This agreement allows for minor web site maintenance to make sure that the website is functioning properly will be in effect for 1 year after the completion of the Website. Who's Big does not guarantee any maintenance once the fundamentals of the original website have been tainted with. Maintenance does not include replacing text from a page with new text, major page reconstruction, new pages, guestbook's, discussion webs, navigation structure changes, attempted updates by Client repairs or Web Design Projects delivered to Client via diskette, U.S. mail and e-mail. The period begins on the date the Client's web site is available to be published to the Client's hosting service. Major page code and/or graphics changes and additions will be charged at the $50.00 per hour rate. (Notice: This rate is subject to change at any time.)

 

6. Completion Date

Who's Big and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project no later than 14 days after Client has submitted all necessary materials. If the Client does not supply Who's Big with complete text and graphics content for this Web Design Project within 15 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by Who's Big as liquidated damages and the contract shall become null and void, Who's Big’s option, unless the Web Design Project is canceled in writing by the Client prior to 15 days of the effective date of the agreement.

 

7. Project Delivery

The final web site design project will be published to the Client's hosting service upon receipt of final payment or delivered via other means upon the receipt of full payment. The Client understands that Who's Big does provide hosting services in connection with this Web Design Project. The Client will be solely responsible for any and all hosting service charges unless agreed upon in writing.

 

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        o Publishing: If the hosting service has FrontPage®98 extensions installed and the extensions are not configured correctly to support publishing/FrontPage®98 functionality, Who's Big will not be responsible for problems arising from improperly installed FrontPage®98 Extensions.

        o There is no charge to publish the site if the hosting service does not have FrontPage®98 extensions installed and Who's Big must use an FTP.

 

8. Electronic Commerce Laws

The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend Who's Big and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

 

9. Web Design Project Copyright

Copyright to the finished web design site produced by Who's Big will be owned by the Client. The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs specifically are transferred to the Client. Who's Big retains the right to display graphics and other Web Design elements as examples of their work in their respective portfolios.

 

10. Payments

Payments must be made promptly based on the terms of this Web Site Design Project. Who's Big reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. All payments are to be made within 3 days after completion and approval of the Web Design Project plans by the Client. In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred by that process. This agreement becomes effective only when signed by Who's Big. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into Rocklin, California, and any dispute will be litigated or arbitrated in Placer County, California and the Client hereby consents to the personal jurisdiction of the California State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. All payments will be made in U.S. Dollars.

 

11. Payment Schedule

Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and the Package Price, attached hereto and made a part of this agreement hereof. Notwithstanding any prices listed in literature or on Web pages, the Client and Who's Big agree that the services described in this contract, and the Package Price, shall be completed for $________. The Client agrees to pay to Who's Big an initial deposit of $________ (50% of the estimated total cost) upon execution of this agreement. Final payment is due within 3 days prior to publication and/or delivery of the Web Site Design Project. Client may chose to finance for 12 months the remaining balance. All amounts must be in U.S. Dollars.

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0% Interest Financing Terms (only available with pre-approval) Who's Big Agrees to finance a balance of $________ over ___Months. Client agrees to make equal payments of $________ until the balance is paid in full. This financing shall be at 0% interest if paid within agreed upon terms. If any remaining balance exists after the scheduled payoff date, the Client agrees to pay Who's Big a $99 extension fee in lue of any interest on any remaining balance until paid in full.

 

12. 100% Satisfaction Guarantee and Refund Policy

If within 3 days the Client is not 100% satisfied with the mock ups/demo of the website they must contact Who's Big in writing, by mail that they wish to cancel the project and therefore will be refunded their initial 50% deposit. Once 3 days have passed and we do not hear from the Client agrees that the initial deposit is now under the ownership of Who's Big. If the client agrees to move forward after the initial set and is not 100% satisfied with the second set mock ups/demos the Client understands that if they cancel the will forfeit 75% of the total project amount to Who's Big. All cancellations need to me mailed to 5440 Park Dr, suite 102 Rocklin, CA 95765

 

12. Legal Notice

Notwithstanding anything to the contrary contained in this contract, neither Who's Big nor any of its employees or agents, warrants that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will Who's Big be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, you or your site visitor's computer or Internet software, even if Who's Big has been advised of the possibility of such damages.

 

13. This Agreement

This agreement constitutes the sole agreement between Who's Big and the Client regarding this Web Design Project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by both Client and Who's Big. The Client agrees that the initial deposit binds the client to this agreement and stand for their signature.