11. scanning.
this agreement contemplates scanning up to 10 images for the client. it is contemplated that this will accommodate the needs of most clients. if more than 10 images need to be scanned the charge for each will be $5.00 after the 10 image allowance has been reached.
please note: if you anticipate needing extensive scanning service, please discuss this need with your sales professional. discounts are available for volume scanning service.
12. page redirection / plug-in technology
java script programming necessary to complete the client’s site is included in the base price of this contract. JavaScript programming also includes page redirection based on the presence or absence of a viewer’s browser, plug-in, screen resolution and platform. note however, that if additional pages are necessary to accommodate specific browsers, plug-in technology, screen resolutions, or platforms additional charges may apply if the 12 page maximum contemplated by our agreement is exceeded.
13. java applets.
this agreement does not contemplate the use of java applets unless specified in appendix a. clients are encouraged to not use java applets as many viewers on america online will be served an error when trying to view the page. java applets may also ’crash’ older computers on download and download times for some viewers can be excessive.
14. cgi / perl.
this contract contemplates one basic form embedded on the author’s web site with the data captured in each form delivered to the client at the client’s specified e-mail address. if a specific script beyond this capability is requested by the client and it must be purchased by the developer at the client’s request, the charge for the script, if any, will be billed back to the client.
15. macromedia flash
macromedia flash is always an option to the client’s of the developer. if chosen, the specific understanding of our arrangement will be listed in appendix a. although flash work is charged by the hour, the developer warrants to protect the client by specifying a maximum charge in advance which will be listed in appendix a.
the developer warrants to work earnestly to come in under the maximum charge.
16. dhtml
our base agreement does not contemplate using dhtml technology. however, as with macromedia flash this is always an option for the author. if dhtml technology is desired by the author, the rate to program each dhtml page will be specified in appendix a. the author understands that dhtml technology may not work in older browsers and some dhtml technology is not cross-browser specific.
17. real audio/video.
our base agreement does not contemplate using real audio or real video on the client’s site. if chosen, however, the charges for such will be listed in appendix a.
18. quicktime / quicktime vr
our agreement does not contemplate using quicktime or quicktime vr technology on the client’s web site. this is, however, certainly an option for the client. if chosen, the charges for such will be listed in appendix a.
19. e-commerce.
this contract contemplates the possibility of an e-commerce enabled site. if a shopping cart is required for the client’s site, miva merchant or able commerce will be the default software used and media3 will be the host. the charges for the shopping cart will be listed in appendix a as an addition to the base price of this agreement.
20. secure certificate
this agreement contemplates the possibility of an e-commerce enabled site. if the client selects an e-commerce enabled site, the client is encouraged to obtain a secure certificate for online transactions. the client understands that if they do not obtain their own secure certificate, design capabilities on the shopping cart itself may be limited.
21. merchant account
if the client’s web site requires the ability to accept credit cards, the client will need a merchant account. the client understands that any charges necessary to secure the merchant account are not covered by this agreement.
22. cybercash / authorize.net
if the client has a high volume / high sales web site, real-time credit card processing will be desired as an addition to miva merchant or able commerce technology. in this instance, the developer will assist the client in obtaining this service. any charges related to this service are payable to cybercash or authorize.net will be billable to the client as an addition to the base price of this agreement.
23. asp / cold fusion.
sites requiring database design may require microsoft asp or allaire cold fusion technology. any charges applicable to asp or cold fusion are in addition to the base price of our agreement and will be listed in appendix a.
24. databases.
this agreement does not include a provision for the creation of a database unless specifically listed in appendix a. if your site requires a database the charges for such will be listed in appendix a.
25. payment terms / work flow
a minimum deposit of fifty percent (50%) is required to commence work.
once the 50% deposit is received by the developer basic site design concepts will be put online for the client’s viewing and approval. alternatively, developer may show client the designs in person via lap top computer. communication between the developer and the client is crucial during this phase to ensure that the ultimate publication will match the client’s taste and needs. upon completion of this stage, the client will be asked to confirm acceptance for the basic site design via e-mail or by signing a printed copy of the design. once this acceptance is received from the client, the work necessary to complete the project will begin.
authors should continue, however, to continually view updates to the site and express their preferences or dislikes to the developer. upon completion of the web site, an e-mail or letter and invoice will be sent to the client advising the client that the work has been completed. final payment of the remaining 50% balance plus any additional charges incurred will due within fifteen (15) business days after delivery of this e-mail or letter and invoice. if the fifteen (15) day minimum is not met an additional charge of 10% is due. if payment is not made within thirty (30) days of notification, simple interest will accrue on the balance owed at a rate of 18% from the date the 10% penalty was levied.
developer reserves the right to remove all web content from the internet if payment is not made within ten (30) days after delivery of our completion notification. most frequently, problems making payment timely are the result of poor communication channels in a company’s accounting department. if a payment delay is anticipated, please contact the developer to discuss potential problems in advance. if problems are anticipated we may be able to accommodate an alternate arrangement.
26. client amends
developer prides itself in providing excellent customer service. that is the spirit of our agreement and the spirit of the developer’s business. to that end, we encourage input from the client during the design process.
the developer understands, however, that clients may request significant design changes to pages that have already built to the client’s specification. to that end, please note that our agreement does not include a provision for "significant page modification" or creation of additional pages in excess of our agreed 12 page maximum. if significant page modification is requested after a page has been built to the author’s specification, we must count it as an additional page.
some examples of significant page modification at the request of the author include:
developing a new table or layer structure to accommodate a substantial redesign at the client’s request.
recreating or significantly modifying the company logo graphic at the client’s request.
replacing more than 75% of the text to any given page at the client’s request.
creating a new navigation structure or changing the link graphics at the author’s request.
significantly reconfiguring the client’s shopping cart with new product, shipping or discount calculation if an e-commerce enabled site has been selected by the client.
clients who anticipate frequently changing the look of their site during the design process and clients who desire to be intricately involved design of each page are encouraged to negotiate an agreement which exceeds the 12 page maximum. if significant page modification is requested by the client after the 12 page maximum has been reached the charge will be $150.00 for each additional page. moderate changes, however, will always be covered during our development of the site and also covered by our one month of free maintenance.
again, we strive to accommodate the needs of each client and we maintain a liberal redesign policy. we can not, however, provide major redevelopment services to the in excess of the 12 page maximum contemplated by this agreement.
27. maintenance agreements
maintenance agreements are negotiated on a client by client basis as each client will have differing needs. this is another way the developer seeks to help the client control cost. if you have chosen a maintenance agreement the terms of such will be listed as appendix b to this agreement.
developer offers two kinds of maintenance agreements. in one, the client pays a fixed monthly rate for such things as as changing price to an item, adding additional inventory, making moderate graphic changes, and coordinating delivery of the web site with the host provider. in the other agreement, the customer pays on an ’as needed’ hourly basis.

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