Statement Of Work

Statement of Work Contract

Website dZine Project

Client Information:
Client Name

1. Authorization

The above-named Client (hereinafter referred to as “Client”) is engaging Lyle Ashby/XDZINE, as an independent contractor for the specific purpose of designing a World Wide Web site (herein after referred to as “Web dZine Project”) to be published on the Client’s account on an Internet Service Provider (ISP)/Web Presence Provider (no site with capacity or payment gateway exists) computer, herein after refer to as “Hosting Service”, or provided on diskette or CD at the Client’s option. The Client hereby authorizes Lyle Ashby/XDZINE to access this account, and authorizes the Hosting Service to provide Lyle Ashby/XDZINE with “full access” to the Client’s account, and any other programs needed for this Web dZine Project that are included as part of the Client’s service agreement/level. If the Client does not have a Hosting Service and/or Domain Name, then the Client hereby authorizes Lyle Ashby/XDZINE to purchase these services on behalf of the Client. The ownership and responsibility of the Hosting Service and/or Domain Name belongs to the Client and the Client will hold harmless, protect, and defend Lyle Ashby/XDZINE and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client’s exercise. The Client also authorizes Lyle Ashby/XDZINE to submit the completed Web dZine Project to major Web Search Engines.

2. Development

This Web dZine Project will be developed according to the following specifications:

• 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. Lyle Ashby/XDZINE represents and warrants that the web site we design for you will work in:

  1. Microsoft Internet Explorer versions 5 and up

  2. Mozilla Firefox

  3. Safari

• Images – Lyle Ashby/XDZINE expects that any images provided by the Client for the web site will be of high quality. Lyle Ashby/XDZINE agrees to make minor corrections to Client-provided images. Lyle Ashby/XDZINE does not provide photographic services.

3. Assignment of Web dZine Project

Lyle Ashby/XDZINE reserves the right, and you hereby agree, to assign subcontractors to this Web dZine 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 Lyle Ashby/XDZINE for inclusion in the Web dZine 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 Lyle Ashby/XDZINE 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 pages your web site for a period of one month after full payment, including updating links and making minor changes to a sentence or paragraph. It does not include replacing major portions of text on a page, major page reconstruction, new pages, new images, navigation structure changes, repairs of attempted updates by Client. This service is available from the date the Client’s web site is available to be published to Client’s hosting service. Major page code and/or graphics changes and additions will be charged at the normal hourly rates.

6. Completion Date

Lyle Ashby/XDZINE and the Client must work together to complete the Web dZine Project in a timely manner. We agree to work expeditiously to complete the Web dZine Project no later than 30 days after Client has submitted all necessary materials. If the Client does not supply Lyle Ashby/XDZINE with complete text and graphics content for this Web dZine Project within 45 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by Lyle Ashby/XDZINE as liquidated damages and the contract shall become null and void, at Lyle Ashby/XDZINE’ option, unless the Web dZine Project is canceled in writing by the Client prior to 45 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 CD upon the receipt of full payment. The Client agrees to select a hosting service which allows Lyle Ashby/XDZINE full access to the Client’s account via FTP (File Transfer Protocol). If the Client chooses to use his/her own hosting service, the Client will be solely responsible for any and all hosting service charges. If the Client chooses a Lyle Ashby/XDZINE web package that includes web hosting, Lyle Ashby/XDZINE will be responsible for hosting services charges for a period one year.

• Publishing by Lyle Ashby/XDZINE:
  There is no charge to publish the site if the hosting service is UNIX based. Lyle Ashby/XDZINE charges at its then hourly rate for the effort involved to resolve whatever problems may arise.

• Delivery via CD:
  The Client assumes all responsibility for the use and functionality of the Web dZine Project. The Client will provide to Lyle Ashby/XDZINE a CD or other form of media of any images he/she wishes to be included on the website.

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 dZine Project or any other services contemplated herein, and will hold harmless, protect, and defend Lyle Ashby/XDZINE 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 dZine Project Copyright

Copyright to the finished web design site produced by Lyle Ashby/XDZINE will be owned by the Client. The Client will assume all ownership of the Web dZine Project, once final payment under this agreement and any additional charges incurred have been paid. Lyle Ashby/XDZINE and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. All Web dZine Projects will contain a copyright/legal statement with a link to Lyle Ashby/XDZINE

10. 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 Lyle Ashby/XDZINE agree that the services described in this contract, and the Package Price, shall be completed for $_______. The Client agrees to pay to Lyle Ashby/XDZINE an initial, non-refundable deposit of $_______ (normally, 50% of the estimated total cost) upon execution of this agreement. Final payment is due prior to publication and/or delivery of the Web Site Design Project. All amounts must be in U.S. Dollars.

11. Payments

Payments must be made promptly based on the terms of this Web Site Design Project. Lyle Ashby/XDZINE reserves the right to remove any Web dZine Project from viewing on the Internet until final payment is made. 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 Lyle Ashby/XDZINE. Furthermore, the Client waives any right to or claim of sovereign immunity. All payments will be made in U.S. Dollars.

12. Legal Notice

Notwithstanding anything to the contrary contained in this contract, neither Lyle Ashby/XDZINE nor any of its employees or agents, warrant that the functions contained in the Web dZine Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web dZine Project is with the Client. In no event will Lyle Ashby/XDZINE 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 dZine Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor’s computer or Internet software, even if Lyle Ashby/XDZINE has been advised of the possibility of such damages.

13. This Agreement

This agreement constitutes the sole agreement between Lyle Ashby/XDZINE and the Client regarding this Web dZine 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 Lyle Ashby/XDZINE. All prices specified in this contract will be honored for 6 months after both parties sign this contract. Continued services after that time will require a new agreement.

The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

AGREED TO:

Client

By_________________________________ Date ________________
Name:
Title:
Address:
Phone:
Duly Authorized

Lyle Ashby/XDZINE

By_________________________________ Date ________________
Lyle Ashby
XDZINE Authorized Representative