SERVICES RENDERED. KMK Enterprises agrees to perform Web design services as defined by the attached Estimate #9999

All services described in the estimate referenced above are to be performed by KMK Enterprises and/or its contractors in accordance with the most commonly accepted standards and practices of the Web Services Industry. That is to say, we will use web site design technologies that are most universally acceptable in order to satisfy the broadest web market possible.
COST. Notwithstanding any prices listed in literature or on Web pages, the client and KMK Enterprises agree that the services described in this contract shall be completed for $4,321.00.
ADDITIONAL SERVICES AND MAINTENANCE. The terms and conditions set forth in this document constitute the sole agreement between KMK Enterprises and the client regarding this Web site. Any additional work not specified in this contract must be authorized in writing. Should the client desire additional standard Web pages beyond the original number of pages specified in the attached estimate, the client agrees to pay KMK Enterprises an additional hourly rate of $45.00.

This agreement includes minor web page maintenance to regular web pages (not store product pages) over a six-month period, including updating links and making minor changes to a sentence or paragraph. It does not including removing nearly all the text from a page and replacing it with new text. The six-month maintenance period commences upon the date the client signs this contract. Changes requested by the client beyond these limits will be billed at the hourly rate. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, web page design, editing, modifying product pages and databases in an online store, and art, photo, graphics services, and helping clients learn how to use their own web page editor. CGI programming charges (if any) are not included in this rate. If the client or an agent other than KMK Enterprises attempts updating the client's pages, time to repair web pages will be assessed at the hourly rate, and is not included as part of the updating time.
PERFORMANCE. KMK Enterprises agrees to submit a first draft of the Web Site no later than 00/00/00. KMK Enterprises agrees to provide the client 14 business days to submit comments on the draft submittal. The final Web site completion date (i.e. launch date) shall not be in access of 21 days from the date client provides all content for which they are responsible, as outlined in the attached estimate.

PAYMENT. Client agrees to pay to KMK Enterprises an initial sum of $ upon execution of this agreement. All remaining charges agreed upon and which may accrue shall become due and payable to KMK Enterprises upon completion of the services described in paragraph 1 above and in the attached Estimate #1299. Delinquent bills will be assessed a $50 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 10% penalty will be added for each month of delinquency. KMK Enterprises reserves the right to remove Web pages from viewing on the Internet until final payment is made. Should collection activities become necessary, the client agrees to pay all fees relating to said activity.

SUBCONTRACTING. KMK Enterprises reserves the right to assign other Web designers or subcontractors to this project.

WEB HOSTING. The client understands that any web hosting services require a separate contract. While KMK Enterprises does provide Web hosting services for clients at an additional charge, use of KMK Enterprises Web hosting services is not a requirement to engage KMK Enterprises for Web site design services. If Web hosting is provided by a third party, the client agrees to select a web hosting service which allows KMK Enterprises full access to the website and a cgi-bin directory via FTP and telnet. The client further understands that if the web hosting service's operating system is not a Unix system, standard CGI software may not work, and providing a substitute may incur additional charges.

WARRANTIES AND LIABILITY. KMK Enterprises does not warrant that the functions of the web site will meet the client's expectations of site traffic or resulting business. In no event will KMK Enterprises or its sub-contractors 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 these Web pages or Web site, even if KMK Enterprises has been advised of the possibility of such damages.

TRADEMARKS & COPYRIGHTS. The client represents to KMK Enterprises and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to KMK Enterprises for inclusion in Web pages 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, and defend KMK Enterprises from any claim or suit arising from the use of such elements furnished by the client. Copyright to the assembled work of Web pages produced by KMK Enterprises is owned by KMK Enterprises. Upon final payment of this contract, all rights owned by KMK Enterprises as to the design, graphics, and text in this Web site transfer to the client. Rights to source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. KMK Enterprises and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

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 KMK Enterprises and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

LITIGATION. Any disputes arising from this contract will be litigated or arbitrated in Jersey County, Illinois. This Agreement shall be governed and construed in accordance with the laws of the State of Illinois, USA.

REFUND POLICY. This agreement begins with an initial payment of $. If the client halts work and applies by registered letter for a refund within 30 days, to KMK Enterprises, P.O Box 501, Brighton, Illinois 62012 USA, 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 30 days of signing this contract.

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.

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