Texas Elder Solutions

          "Web Site Development for Texas
          Elder Care Professionals"

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          Website Development Agreement

          To be completed and returned by Fax to: 1-800-786-0632.

         I. Parties

        This Agreement made effective this _____ day of _____ 2003, between Texas Elder Solutions (Company) whose principle place of business is 824 Moss Rose Lane, Driftwood, Texas 78619 and ______________________________ whose principle place of business is located at ___________________, otherwise referred to as (Client).

        II. Monetary Consideration

          A.)  Website Development

        Texas Elder Solutions agrees to provide certain services to Client as an independent contractor, and Client agrees to pay for those services in the amount of $200.00 for the first page, and $175.00 for each additional page. The initial consultation with client indicated that the desired number of individual pages was going to be no more than _____. Photo insertions are $25.00 each. A Static page (Request for Information Form) will be designed upon request by Client and placed on the ____ page for $75.00. Request for Information will be directed to Email: __________________.

          B.) Post Website Development

        If client wishes to make any minor changes in text after the completion of the website, there is no charge for this service, but confined to once a month, not to exceed 30 minutes of time. However, if client wishes to make excessive changes in text, or any change in graphics or layout whatsoever once pages are completed, Texas Elder Solutions reserves the right to charge client $55.00 per hour.

          C.) Search Engine Submissions

        Texas Elder Solutions agrees to submit Client's website to the following search engines, for a one-time fee of $40.00. Client will receive email confirmation that each submission has been accepted by the search engine.

          D.) Website Hosting

        Unless otherwise agreed upon, client empowers Texas Elder Solutions to chose which Internet Service Provider (ISP) the website resides upon. Furthermore, client acknowledges that Texas Elder Solutions will act in behalf of the client for the administration and technical contact for the website.

        The fee to host Client's website is $25.00 per month, billed quarterly. A 10% discount is available for Clients paying 6 months in advance, and a 15% discount, when paying a year in advance.

        III. Website Development Fees

        A retainer of one half of all website development fees shall be payable before work begins on the site in question, and is due no later than ten business days after both parties' acceptance and signature of this Agreement. This retainer is non-refundable. Website development and marketing fees will be specified by Texas Elder Solutions and agreed upon by Client indicated by the signing of Agreement. The remaining balance is to be paid in full, and within 10 days, of Client’s website placed on the Internet.

        IV. Time is of the Essence

        Texas Elder Solutions and the Client must work together to complete the website in a timely manner. To avoid missed deadlines, the client must supply Texas Elder Solutions with all parts of the website, including text and graphics, within ten business days of the signing of this contract or as otherwise and mutually agreed upon.

        V. Website Development

        This Agreement assumes that all text will be provided by Client in a timely manner, and that all photographs and other graphics, will be provided in a high quality print format suitable for scanning, or on a floppy disc as a gif or jpeg file.

        A link to Texas Elder Solutions will appear in small type at the bottom of the first page on the site. The link will simply state, in the smallest type available, "Designed and maintained by Texas Elder Solutions." This link may not be modified at any time without express written consent during the existence of the website for public viewing. Texas Elder Solutions will submit individual pages for approval during the course of website creation. While these pages may not be entirely completed, they will serve for the client to approve regarding the layout, text, and/or graphics. The layout will be assumed approved by Texas Elder Solutions notification by telephone, fax, or electronic mail  is not received within five business days of the date proofs of are sent to customer.

        VI. Conditions, Representations, and Warranties

        Texas Elder Solutions warrants that the website will be completed no more than 45 (forty-five) business days from the date that client has provided all text, images, and any other information required to produce the website. Client's website will be designed and tested on Internet Explorer and Netscape Navigator browsers in the latest versions and cannot be held liable for malfunction of the site when viewed in another browser or older versions. Client acknowledges and agrees that Texas Elder Solutions cannot guarantee the absence of missed deadlines caused by Acts of God or other circumstances beyond its control including, but not limited to, telecommunications problems and/or server problems.

        VII. Cancellation

        Client may cancel this agreement at any time prior to midnight of the third business day after you sign this agreement. To cancel this agreement, mail or deliver via facsimile a signed and dated notice, which states that you the client, are canceling this Agreement, or words of similar effect. A full or partial refund is at the discretion of Texas Elder Solutions Client will be invoiced for website development work completed up until notice of cancellation was received.

        IN WITNESS WHERE OF, the parties have executed this Agreement on the date first written above and submit that they are able and have authority to enter into this Agreement.

        _____________________________ Date_________________
        Texas Elder Solutions
        Cheryl Culbertson, Owner


        X_____________________________ Date_________________ 

        Client Signature

        Name Printed: ________________________

         

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