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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 90079
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I need help setting up a contract for a web design business.

Customer Question

I need help setting up a contract for a web design business. Can you help me with that? I can give you my legal info page if that helps.


CHARLES FRANKLIN WEB DESIGN LEGAL INFORMATION:


The information contained on this site is provided for information only. The information on this site has been compiled in good faith, no representation is made as to its completeness or accuracy. CFWD makes no commitment to update or correct or to provide notice as to any error omission in any report or other information contained on this site. CFWD  reserves the right to add, modify, or delete information on this site at any time


If you have questions or concerns regarding this policy, you should contact CFWD through the contact us page.


CFWD offers web design services for small businesses, corporations, and individuals requesting our service.


Copyrights


All services provided by CFWD may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any Federal, State, or Local law is prohibited. This includes, but is not limited to; copyright material, or material CFWD deems threatening. CFWD shall not post any copyright material without permission. It is the responsibility of the client to provide CFWD with content, text, picturesm images, and any other media that is deemed acceptable. Any and all original content created by CFWD remains property of CFWD unless specified, and CFWD reserves the right to have reference to CFWD on any and all web pages posted for the client. Said content may be transferred to the client only with expressed written consent from CFWD.


Limitation of Liability


CFWD will not be liable for indirect, special, or consequential damages, or any loss of revenue or profits, arising in connection withe the projects that we develop/developed.


CFWD is not responsible for any server side problems incurred due to server down time, hosting issues, ISP down time, or Acts of God.


CFWD reserves the right to delay or stop any project development  for any reason without liability.


CFWD will notify the client immediately of any changes of project development status, and make the appropriate arrangements.


CFWD is not responsible for any damages incurred from hacking, hackers, illegal activity, nor any changes made to the web sites created by CFWD without prior permission.


Project Contents


All digital and non-digital materials supplied by the client to CFWD for project development must be, either owned by the client or given copyright permission for publication. CFWD is not responsible for copyright infringements found on these materials.


Cancellation of Project


A request to cancel a project must be made in writing to CFWD and include the signature of the authoritative client. CFWD will charge for the number of hours accumulated in project development (along with hosting and domain fees) before the cancellation request is made. 


Pause in Project Development


A request to pause a project development must be made in writing to CFWD and include the signature of the authoritative client. The delay will not exceed a period of 30 days. Unless other arrangements are made between both parties, CFWD will assume any delay requested by the client that exceeds the 30-day period a cancellation, and will charge for the number of hours accumulated in project development before the request to pause is made.


Payment Policy


A 50% deposit is due upon the agreement of the contract under the agreement of the Terms of Service. The full balance will be due no more than 7 days upon receipt of the service invoice supplied by CFWD.


CFWD reserves the right to charge a 5% late fee for every 7 days the balance is past due. CFWD reserves the right to suspend any and all current work being done due to failure of client to remit payment. Balances that are 30 days past due are subject to removal from the servers including deletion of files. All services are non-refundable.


 


Please note that there is no guarantee that any email sent to CFWD will be received by CFWD or that the contents of the email will remain confidential during internet transmission


 


Submitted: 2 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 2 years ago.
What specific assistance would you like, your legal information page is fairly thorough, but what specifically would you like to know about your contract?
Customer: replied 2 years ago.
I am not sure if I can just slap a signature line at the bottom or if I need it written out for contract use.
I also need an information packet to hand out to clients, but I am going to work on that today.
Expert:  Law Educator, Esq. replied 2 years ago.
This legal information page reads like a contract and if you do not want any other terms included then you can just put a signature line to this. However, for use as a contract you should modify it just a little bit and add in a jurisdiction clause and an attorney's fee clause which will give you some added protection and it is something you can put on your legal info page as well if you want. The jurisdiction clause should state that any claims for breach of this contract must be brought in the court of competent jurisdiction in the state of Indiana and that Indiana law will apply to this contract. The attorney fee clause should read that in the event of breach of this contract, the breaching party shall be liable for all costs and expenses of any legal action that must be brought because of the breach, including but not limited to attorney's fees of the party who receives judgment in any action under the contract.

Finally, you need to have a limitation of liabilty and indemnification clause in the contract regarding intellectual property. The clause needs to state that you have no liability for any intellectual property provided by the client that may violate the copyrights or trademark rights of another party and they agree to indemnify you and hold you harmless for any actions for such violations. Additionally, you should state that any intellectual property you provide either belongs to you or you have purchased the rights to use (and keep good records of anything you purchased the rights to in case someone tries to come back later to try to claim a copyright or trademark violation) and that you will assist them by providing proof of the legal use of any such property you provided.

If you add those three clauses, the above should be fine for a design contract for signature.


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Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 90079
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 5 other Business Law Specialists are ready to help you
Customer: replied 2 years ago.

CHARLES FRANKLIN WEB DESIGN LEGAL INFORMATION:
The information contained on this site is provided for information only. The information on this site has been compiled in good faith; no representation is made as to its completeness or accuracy. CFWD makes no commitment to update or correct or to provide notice as to any error omission in any report or other information contained on this site. CFWD reserves the right to add, modify, or delete information on this site at any time
If you have questions or concerns regarding this policy, you should contact CFWD through the contact us page.
CFWD offers web design services for small businesses, corporations, and individuals requesting our service.

Copyrights
All services provided by CFWD may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any Federal, State, or Local law is prohibited. This includes, but is not limited to; copyright material, or material CFWD deems threatening. CFWD shall not post any copyright material without permission. It is the responsibility of the client to provide CFWD with content, text, pictures images, and any other media that is deemed acceptable. Any and all original content created by CFWD remains property of CFWD unless specified, and CFWD reserves the right to have reference to CFWD on any and all web pages posted for the client. Said content may be transferred to the client only with expressed written consent from CFWD.

Limitation of Liability
CFWD will not be liable for indirect, special, or consequential damages, or any loss of revenue or profits, arising in connection with the projects that we develop/developed.
CFWD is not responsible for any server side problems incurred due to server down time, hosting issues, ISP down time, or Acts of God.
CFWD reserves the right to delay or stop any project development for any reason without liability.
CFWD will notify the client immediately of any changes of project development status, and make the appropriate arrangements.
CFWD is not responsible for any damages incurred from hacking, hackers, illegal activity, nor any changes made to the web sites created by CFWD without prior permission.





Project Contents
All digital and non-digital materials supplied by the client to CFWD for project development must be, either owned by the client or given copyright permission for publication. CFWD is not responsible for copyright infringements found on these materials.

Cancellation of Project
A request to cancel a project must be made in writing to CFWD and include the signature of the authoritative client. CFWD will charge for the number of hours accumulated in project development (along with hosting and domain fees) before the cancellation request is made.

Pause in Project Development
A request to pause a project development must be made in writing to CFWD and include the signature of the authoritative client. The delay will not exceed a period of 30 days. Unless other arrangements are made between both parties, CFWD will assume any delay requested by the client that exceeds the 30-day period a cancellation, and will charge for the number of hours accumulated in project development before the request to pause is made.

Payment Policy
A 50% deposit is due upon the agreement of the contract under the agreement of the Terms of Service. The full balance will be due no more than 7 days upon receipt of the service invoice supplied by CFWD.
CFWD reserves the right to charge a 5% late fee for every 7 days the balance is past due. CFWD reserves the right to suspend any and all current work being done due to failure of client to remit payment. Balances that are 30 days past due are subject to removal from the servers including deletion of files. All services are non-refundable.

Please note that there is no guarantee that any email sent to CFWD will be received by CFWD or that the contents of the email will remain confidential during internet transmission


Attorney Fee Clause
In the event of breach of this contract, the breaching party shall be liable for all costs and expenses of any legal action that must be brought because of the breach, including but not limited to attorney’s fees of the party who receives judgment in any action under the contract.

Jurisdiction Clause
Any Claims for breach of this contract must be brought in the court of competent jurisdiction in the state of Indiana (Indiana law applies to this contract)

Limitation of Liability & Indemnification Clause
CFWD is not liable for any intellectual property provided by the client that may violate the copyrights or trademark rights of another party and the client agrees to indemnify CFWD and hold CFWD harmless for any actions for such violations. Any intellectual property that CFWD provides belongs to CFWD or has been purchased by CFWD. CFWD will assist anyone trying to claim a copyright or trademark violation by providing proof of the legal use of any such property the CFWD provided


Client Signature:_________________________________ Date:_____________
Charles Franklin:_________________________________ Date:_____________
Expert:  Law Educator, Esq. replied 2 years ago.
Choice of Law and Jurisdiction
The laws of the State of Indiana shall apply to this contract. The parties hereby agree that any claims arising under this contractual relationship shall be brought in the court of competent jurisdiction in the State of Indiana.


Fix-
Any intellectual property that CFWD provides belongs to CFWD or has been purchased by CFWD. CFWD will assist customer in any action against customer for claims regarding copyright or trademark violation regarding intellectual property supplied by CFWD by providing proof of the legal use of any such property the CFWD provided.
Customer: replied 2 years ago.
Thanks so much! I will use you again. The local lawyer wanted $235 an hour to do this.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you, please do not forget to click accept for the new question.

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