We here at New wave design want to keep all of our clients happy! One way is to make sure you understand what you can expect from us and what we expect from you as our client. These are our terms and conditions. This agreement is designed for: ( Please insert your name)

1. Authorization:  The above-named client is hiring New Wave  Design, a division of JandJInternational Inc, located at P.O. Box 155 , Laurel Delaware, as an independent contractor for the specific project of developing and/or improving a website to be installed on a web hosting service's computer. The client hereby allows  New Wave Design to access this web hosting account, and authorizes the web hosting service to provide New  Wave Design with "write permission" to any part of the hosting space. The client also authorizes New Wave Design to publicize their completed website to Web search engines, as well as other Web directories and indexes.

2. Included in Web Design Package: We will consult with you during the completion of main stages of the web creation process. There you will have an opportunity to make a change, You will then have to sign our sheet giving us the go ahead to move on to the next stage. Three stages are as follows:

General Design: The basic look and feel of the clients website. This includes color scheme, navigation buttons or menu, top-of-page graphic, etc.

Site Organization: The structure or hierarchy of the website. This includes the number of web pages and the organization of those pages.

Website Completion: The completion of the work agreed upon in the Website Contract.

Any requested changes beyond the individual sign off dates will be billed at our hourly rate.

3. Standard Website Package Elements: New Wave Design includes the following elements in our Standard Website Packages:

Consultation: Up to 2 hours total consultation via live chat,  or e-mail. This may include marketing strategy, Web design consultation.  Additional education and consultation is at our hourly rate.

Text: Main body text is to be supplied in electronic format by the client. Up to 1 hour of typing or formatting by New Wave Design is included. Additional typing or formatting will be billed at our hourly rate. Custom Graphics Package: This includes the following: Top-of-page graphic for all pages in your website. Navigation buttons, Colored or textured background, Lines and bullets.

Any custom graphics that are not included in the "Official Website Quote" will be billed at our hourly rate.

Photos and other misc. graphic images: Any photos or images supplied by client will be scanned and formatted according to the package you picked. Any scanning or formatting over this amount  will be billed accordingly. 

Minor updates and changes: We can maintain your website on a monthly basis. This includes any changes/additions/updates to your business, FAQ. page, article updates and link updates.   You will be billed Monthly  with an itemized account of time and services. Updating depends on any changes required or changes you request. Minor updates are subject to the limits outlined below. Additional changes billed at hourly rate. For online stores, this includes only "regular" pages, not product pages or the ordering system pages.

Spelling corrections. Grammatical corrections. Updating links when notified by the client. Minor changes to a sentence or paragraph.

Search Engine / Directory Listings: Once the site goes live, New  Wave Design will submit it for listing on ten popular search engines including Google, AOL, Alta Vista, & Ask.

A Business Directory listing submission for Yahoo & MSN are an additional cost of $375 each as because of our cost that is incurred by these search engines. All business related sites have to be paid for in this manner to be included in their listings and their affiliate listings.

With all search engines and directories there is no guarantee that once a website is submitted that it will be listed. Adding a listing to a search engine or directory is at the complete discretion of that search engine or directory.

E-mail / Feedback form: A link to a form that allows visitors to the website to submit feedback will be placed on all pages. The information submitted to the form will e-mailed to any e-mail address the client designates.

4. Hourly Rate: Changes requested by the client  will be billed. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, website design, editing, modifying product pages and databases in an online store, and art, photo and graphics services.

5. Completion Date: New  Wave Design and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website no later than 8 weeks.

However, if the client does not supply New Wave Design with the complete text and graphics content required for the website contracted within thirty days of the date this contract being signed, an additional continuation fee of $150.00 per week will also be assessed each week until all necessary content is received. This fee is non-refundable.

6. Website maintenance: Once your website is viewable to the public, we can maintain your website on a monthly basis. This includes any changes/additions/updates to your business, FAQ. page, article updates and link updates. You will be billed monthly with an itemized account of time and services. Updating depends on any changes required or changes you request. Additional changes billed at hourly rate. For online stores, this includes only "regular" pages, not product pages or the ordering system pages.

7. Payment of Fees: Fees to New Wave Design are due and payable on the following schedule: 50% upon signing of this contract, 50% of the remaining balance at first revision (when website has been constructed according to the client's original written specifications). Remaining balance and any other charges incurred shall be paid before site launching. Advertising the pages to Web search engines occurs only after the final payment is made. All payments will be made in US dollars/funds.

8. Assignment of Project: New Wave Design reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

9. Legal Obligation: New Wave Design does not warrant that the functions contained in the website or the Internet website will meet the client's requirements or that the operation of the website will be uninterrupted or error-free. The entire risk as to the quality and performance of the website is with the client. In no event will New Wave Design 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 this website, even if New Website Design 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 severed from this agreement and shall not affect the validity and enforceability of any remaining provisions.

11. Copyrights and Trademarks:

12. Laws Affecting Electronic Commerce: From time to time governments 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 New Wave Design and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

13. Copyright to Website: Copyright to the finished assembled work of the website produced by New Wave Design is owned by New Wave Design until final payment of this contract, at which time copyright is transferred to the client. Copyrights 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. New Wave Design and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.

14. Payment Obligations: In order for New Wave Design to remain in business, payments must be made promptly. Delinquent bills will be assessed a 25% per month charge on any unpaid balance remaining after 30 days from due date. New Wave Design reserves the right to remove the website from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees, including attorney fees, incurred by that process. This agreement becomes effective only when signed by New Wave Design. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Sussex County, Delaware, and any dispute will be litigated or arbitrated in Sussex County, Delaware.

15. Sole Agreement: The agreement contained in this "Website Design Contract" in conjunction with the "Website Design Package" constitutes the sole agreement between New Wave Design and the client regarding this website. 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.

16. 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 15 days, to the Supervisor of New Wave Design, P.O Box 155, Laurel, Delaware,  Work completed shall be billed at the hourly rate stated above, 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 stated above. No portion of this initial payment will be refunded unless written application is made within 15 days of signing this contract.

Hosting fee and Domain Name fee are non-refundable and are in conjunction with this agreement.

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):

Last updated May 9th, 2005