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We require all our customers to sign the following agreement at the beginning
of an engagement so that expectations are set properly. The scope of the work is
described in one or multiple Statements Of Work (SOW) to be negotiated with you.
Scope - We are pleased that you have selected Soaring Duck to provide
you with web site management services. This document describes the manner in
which we (Soaring Duck) will provide you (Company) with such services.
Services - We will provide web design services that include static web
page construction, picture scanning and editing and text editing, we will create
web accounts (name registration and account creation) with third parties on your
behalf, and we will maintain your web accounts by updating their content and
administering their functions while your accounts are under our financial
control. We require that you approve any project work that exceeds $100 in the
form of signed Statements of Work (SOW).
Term of Engagement - Either of us may terminate this engagement at any
time for any reason by written notice, or when the last hosting period
associated with your accounts has expired. In the event that either of us
terminate this engagement, you agree to pay us for any expense (such as
additional bandwidth usage or additional memory usage) that we may incur in
relation with any of your web accounts and any fees for services we may have to
perform to maintain your web accounts or transfer their responsibility to other
parties of your choice.
Retainer - Our engagement shall commence upon the execution of this
document and our receipt of an initial retainer of $200. At the conclusion of
this engagement and after payment of all our fees and expenses, we will return
to you, without interest, any unearned portion of the retainer.
Retention and Disposition of Documents - Upon the publishing of approved
information on your web site, we will return to you any related paper material
that you explicitly requested to be returned to you, and we will discard any
other related electronic or paper material that you provided to us. By default,
we will return any printed pictures that you provided to us. You agree not to
provide any original material to us. We are not responsible for any lost
material.
Fees and expenses* - We provide all our services on a Time and Material
(T&M) basis. We record our time in 15 minute increments. Our hourly rate, which
shall not be less than $50 per hour, may change from time to time without
impacting any term agreed upon in a Statement Of Work. We will bill you for the
Services provided by our personnel at hourly rates identified in each Statement
Of Work. We will bill you for the cost of any web hosting fees invoiced to us by
third parties. We will also bill you for long distance charges, photocopies,
postages, faxes or any overnight delivery services that we may incur in the
deliverance of our services. We will bill you monthly for our time and
disbursements and payment is due upon receipt of our invoices. If any statement
remains unpaid for more than 45 days, we may suspend our services for you until
arrangements satisfactory to us have been made.
Intellectual Property - You agree that you are fully responsible for any
intellectual property associated with any information we publish on your web
site. You will, at your expense, indemnify, defend and hold Soaring Duck or any
of its representatives harmless against any claim by a third party that the
content of your web site infringes any copyright under United States law,
provided that we provide you with prompt (within 15 business days), written
notice of such claim.
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Scope - This Statement of Work (SOW) describes the
specific services that we will provide to you. This SOW is incorporated in and
made a part of the Engagement Agreement between Soaring Duck (“we”) and Company
(“you”), dated Month Day, Year. The work described in this SOW shall be for the
creation of one web site.
Validity - The terms described in this document are valid for a period of
three months following commencement of work, provided work started within a
month of the Effective Date of this SOW.
Point of Contact - The following persons will have final authority for
making any decision regarding the delivery of services identified in this SOW:
Soaring Duck: Nancy Fortunel
Company: Name
Fixed Price Services - The following services will be provided on a Fixed
Price basis:
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Scanning of photographic pictures: up to six pictures |
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Construction of web site: up to eight regular (12 point, 8.5”
x 11”) pages |
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Proofreading of web site content |
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Domain name registration |
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Web account creation (with third party web hosting service
provider) |
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Creation of 5 e-mail addresses |
Hourly Services - The following services will be provided
on an hourly basis, only if explicitly requested by Company:
Out of Scope Services - The following services are not
part of this SOW:
Assumptions - The material that needs to be incorporated
in the web site shall be of a quality that only requires structural editing.
Due Date - The publishing of Company’s web site shall be complete by
Month Day, Year.
Fees* - The fees associated with this SOW shall be as follows:
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Domain name registration: $25
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Third party 1-year hosting fees: $140
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Third party 2-year hosting fees: $250
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Fixed Price Services: $400
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Hourly Services: $50/hour
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* All prices are subject to change.
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