Dunsen Design Inc and Teragraphics Ink General Agreement

This AGREEMENT is dated and in effect as of 03/29/2024 between Teragraphics Ink, hereafter referred to as “Client” and Dunsen Design Inc., hereafter referred to as “Consultant.”  This agreement is with respect to the design, or redesign of Client website, hereinafter referred to as the “Work.”  Whereas, Consultant is a web designer of good standing; and whereas, Client wishes Consultant to create certain such Work.  Now, therefore, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows:

 

CONFIDENTIALITY:

The Client and Consultant may disclose confidential information one to the other to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:

  1. Is already known to the party to which it is disclosed;
  2. Is or becomes part of the public domain without breach of this Agreement;
  3. Is obtained from third parties, which have no obligations to keep confidential to the parties of this Agreement.

 

PAYMENT SCHEDULE:

Starting date is 03/29/2024 with an estimated completion date of 05/11/2024 for the estimated amount of $2,825.00.

Client shall pay Consultant $1,695.00, as a deposit for project commencement on 03/29/2024.

Payment Milestone 2: Client shall pay Consultant $565.00 (20%), for the second payment plus any additional charges that occur[1]. Payment will be due within one week of core website setup and first draft of template on 04/15/2024. A late fee of $40 will be charged for nonpayment after 14 days and every 4 weeks following the 14-day mark.

Payment Milestone 3: Client shall pay Consultant $565.00 (20%), for the third payment plus any additional charges that occur[2]. Payment will be due within one week of finished setup on 05/11/2024 and before file relinquishment or GoLive. When GoLive occurs, the Work is accepted “as-is” at that point by the Client. A late fee of $40 will be charged for nonpayment after 14 days and every 4 weeks following the 14-day mark. If payment is not yet made within three months of statement date, the credit card on file will be charged full statement amount for any and all services.

 

WEB DESIGN SAMPLES:

Consultant agrees to deliver near finished design work of template drafts (3-4 total) by 04/15/2024. Consultant will consult with client to go over web design, except in cases of unforeseen delays. The Client should be aware that failure to submit required information or materials may cause subsequent delays in the project. Client delays could result in significant delay in delivery of finished work.  There will be 3-4 changes to the template allowed once coding has begun.

 

FEES & ADDITIONAL SERVICES:

Changes in client input or direction or excessive changes will be charged at $120.00/hour. Any work the Client wishes Consultant to create, which is not specified in the DESCRIPTION section of the agreement will be considered an additional service. Such Work shall require a separate Agreement and payment separate from and above that is specified in this Agreement. If Client fails to respond in a timely manner (2 weeks) to requests for web site approval to precede, design approvals, and meetings, etc., a late fee of $100.00 will apply.

 

ADDITIONAL EXPENSES:

Client agrees to reimburse Consultant for any of the following expenses necessary in completion of the Work: (e.g. Fonts, Shipping, Software, Stock photography and extra development).

Copy Writing: Client has maximum of three (3) weeks to complete and submit website copy to consultant.  If copy is not submitted after the stated time, consultant reserves the right to hire a copywriter at the rate of $50 per hour which the client will be billed for.

Photography: Client has maximum of three (3) weeks to complete and submit website photography to consultant.  If copy is not submitted after the stated time, consultant reserves the right to hire a photographer and/or obtain photography from outside sources (such as istock.com), both at the rate of $50 per hour plus additional fees for the photography which the client will be billed for.

 

ASSIGNMENT OF WORK:

Consultant reserves the right to assign other designers or subcontractors to the WORK to ensure quality and on-time completion.

 

RESERVATION OF RIGHTS:

All rights not expressly granted hereunder are reserved to Consultant, including but not limited to all rights in sketches, comps, or other preliminary materials until released by consultant, any additional fonts, software, and materials including Photoshop, Illustrator, Flash, Fireworks and Dreamweaver files shall be retained by consultant.

 

PERMISSIONS AND RELEASES:

The Client agrees to indemnify and hold harmless Consultant against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the WORK at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.

 

PUBLICATION:

The Client may publish or disclose information regarding the WORK and shall acknowledge the support of Consultant in all such publications. The Client will not use the name of Consultant in any advertising or publicity without the prior written approval from the Consultant. The Consultant will not use the name of the Client in any advertising or publicity without the prior written approval from the Client.

 

eCommerce:

Client does not hold Consultant liable for any losses or damages in regards to an eCommerce functioning or not functioning on or off the website in any way.

[1] Additional charges could be attributed to but not limited to additional pages, plus pictures and artwork.

HOSTING:

Hosting can be provided by Dunsen Design Inc. if the client wishes, or client can seek outside hosting.  Dunsen Design Inc will not be held liable for any downtime caused by the hosting vendor. 

Dunsen Design offers these options for hosting:

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Also, ask us about how we can customize your hosting package to best fit you.

Client can change their hosting option with two week written notice.

Client reserves the right to take their site off Dunsen Design hosting and move to outside hosting with two week written notice.

In the event the client requests Dunsen Design to move the site, a fee of $100.00 per hour will be applied.

In the event the project continues development beyond the set completion date, a fee of $15.00 per month will be applied until Go Live for website software maintenance.

HOSTING NONPAYMENT:

Hosting with Dunsen Design Inc. will be billed monthly unless specified in this agreement. A late fee of $40 will be applied upon 14 days of nonpayment and each month following nonpayment. Consultant reserves the right to take down the Client’s website after 60 days of nonpayment.  A reinstatement fee of $100 will be applied to reinstate website plus monthly hosting late fees following taking the website down. Consultant reserves the right to terminate website permanently after 60 days of nonpayment without option of reinstatement.

 

TERMINATION:

Either party may terminate this Agreement by giving three days written notice to the other of such termination. In the event that Work is postponed or terminated at the request of the Client, Consultant shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within three days of the Client’s written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Consultant and the Consultant shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.

The Client and Consultant are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture of the other party. Neither the Client nor Consultant has any authority to assume or create any obligation or liability, either expresses or implied, on behalf of the other.  No refunds.

DESCRIPTION OF WORK:

Full Design with Drafts Option
-Mobile friendly.
-Uses CMS (content management system) to easily manage the site yourself.
-Design the site using photoshop drafts to get the look and feel just right before coding. No limit to changes.
-Make informational and focused.
-Have file upload feature.
-Online ordering feature.
-Keep it visually simple.
-Design similar to Custom Forms and other print shops but make it unique to Tera Graphics.
-Copy-writing is optional with extra charge.
-Stock photography is extra if needed.
-Basic SEO included.
-Website examples that used the Full Design route: neovisionlafayette.com, indianamicro.com,  friendlymarket.usalzheimerscarecoalition.com and maurersmarket.com to name a few. 

WEBSITE INFORMATION:

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Current Website Login

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SIGN AND DATE:

The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.

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