Thank you for choosing DFW Design Pros to handle your projects. The following agreement specifies the terms and conditions of this project. Please review, sign and mail us this contract with your first payment. Please keep a copy of this agreement for your records. If you need a copy of the contract containing our signature, we will be glad to send one to you at your request. Please be advised that DFW Design Pros shall retain the original signed contract. DFW Design Pros shall send the client a copy of the original signed contract upon the client’s request.  If you have any questions about any item in this contract, please contact us, and we will try to help you better understand any provisions in this agreement.

________________________ in this legal contract is referred to as the “client”.

1. Authorization. The above-named client is employing DFW Design Pros, a business, located at 1016 Marion Avenue, Fort Worth, Texas 76104, for the specific project(s) of web design and print marketing. By signing this document, Client and DFW Design Pros, agree as to the legitimacy of this contract.

2. Project Elements. Please review the approved Proposal and Estimate for the Project Details and Fees.

3. Maintenance and Hourly Rate. This agreement includes minor webpage maintenance for the first 30 days after the website is completed, including updating links and making minor changes to a sentence or paragraph. It does not include drastic maintenance such as removing nearly all the text from a page and replacing it with new text. Changes requested by the client beyond those limits will be billed at the hourly rate of $60, with a one hour minimum per update. If you believe that your website will need to be updated frequently, please contact us for pricing of maintenance packages. This rate shall also govern additional work authorized beyond the maximums specified above for services such as general internet orientation education, marketing consulting, webpage design, editing, modifying product pages and databases in an online store, photo editing, graphics services, and helping clients learn how to use their own webpage editor. Programming / Scripting charges are billed at the hourly rate of $75, with a one hour minimum per update.

4. Changes to Submitted Text. Please send us your finalized text. Time required to make substantive changes to client-submitted text after the web page has been constructed will be considered additional time and invoiced at the hourly rate of $60.

5. Web Site Hosting.  Client is wholly responsible for providing their own hosting.  DFW Design Pros can arrange hosting through a recommended provider, but this will be an expense of the Clients.

6. Completion Date. DFW Design Pros and the client must work together to complete the project specified above in a timely manner. We agree to work expeditiously to complete the project. The client is responsible for supplying DFW Design Pros with complete text and the necessary items and graphics that are not developed by DFW Design Pros for the web pages in a timely matter. The client has 15 days within the date of this contract to supply all information necessary to complete the website. If after 15 days DFW Design Pros has still not received the information necessary to complete the project, then the client is in breach of contract and shall lose 40% of the full deposited amount.

7. Assignment of Project. DFW Design Pros reserves the right to assign subcontractors to this project to ensure on-time completion.

8. Limitation of Liability. In no event shall DFW Design Pros 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 website, if DFW Design Pros has not previously 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 severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.          

9. Copyrights and Trademarks. The client represents to DFW Design Pros and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to DFW Design Pros for inclusion in the project 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 DFW Design Pros and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

10. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that they are solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend DFW Design Pros and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

11. Client and Third Party Site Modifications. DFW Design Pros is not responsible for any changes made to the site by any other party, or an authorized agent. If the client or an agent other than DFW Design Pros attempts updating the client's pages, time to repair web pages will be assessed at the hourly rate of $60, and is not included as part of the updating time.

12. Copyright & Ownership of Website & Domain. Copyright, ownership, and all rights of web pages, graphics, print templates, and text contained in the finished assembled website produced by DFW Design Pros belongs solely and exclusively to client upon final payment of this contract. Rights to photos, graphics, source code, work-up files, and computer programs are specifically transferred to the client, and remain the property of their respective owners. Any licensed software not developed by DFW Design Pros (such as CGI, Pearl, PHP scripts) may be owned by another software company that has granted DFW Design Pros the right to initiate it into the client’s website, and does not grant the client ownership of the script. DFW Design Pros and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios, unless otherwise specified by the client. The client retains ownership of the domain name(s) bought through DFW Design Pros after the invoice is paid in full. DFW Design Pros reserves the right to withhold property such as domain names and copyright ownership if the client is in debt to DFW Design Pros.

13. Payment of Fees. In order for DFW Design Pros to keep its rates low, payments must be made promptly. Bills will be deemed delinquent and assessed a $50 charge if payment is not received within 15 days after the due date. If an amount remains delinquent 30 days after its due date, an additional 25% penalty of the total balance due will be added for each month of delinquency. DFW Design Pros reserves the right to remove web pages from viewing on the internet until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred by that process.

14. Sole Agreement. The agreement contained in this "Website Design Contract" constitutes the sole agreement between DFW Design Pros and the client regarding the project outlined above and in the approved proposal. Any additional work not specified in this contract must be authorized by a written change order.

15. Initial Payment. Payment of the base fee will be made as follows: The total cost of the project will be made from the client in 3 payments. The first payment due at the signing of this agreement shall total 50% of the project.  The remaining 2 payments totaling 25% of the project total, shall be made at 30 day intervals starting on the 30th day after the signing of this agreement.  All payments should be made to “Cody Riley” 1016 Marion Avenue, Fort Worth, Texas 76104 or via PayPal payment to paypal@codyriley.com.

16. Refund Policy. The client may halt work and request for a refund within 15 days of the date of this contract by mailing a certified letter to the Director of DFW Design Pros, 1016 Marion Avenue, Fort Worth, Texas 76104. If at any 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 of $45, which could result in higher fees then the quote prices given.

17. Miscellaneous. This contract shall be governed by the substantive laws of the State of Texas without regard to conflict of law principles. The contract constitutes the entire understanding and agreement between the parties hereto and their affiliates with respect to its subject matter and supersedes all prior or contemporaneous agreements, representatives, warranties and understandings of such parties (whether oral or written). No promise, inducement, representation or agreement, other than as expressly set forth herein, has been made to or by the parties hereto. This letter may be amended only by written agreement, signed by the parties to be bound by the amendment. Evidence shall be inadmissible to show agreement by and between such parties to any term or condition contrary to or in addition to the terms and conditions contained in this letter. This letter shall be construed according to its fair meaning and not strictly for or against either party.