1. Authorization. The above-named client is engaging Fresh Concepts Media and Events Services, a sole proprietor, located at 2nd floor Highway10, Calindagan, Dumaguete City as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on the client's web space on a web hosting service's computer. The client hereby authorizes Fresh Concepts Media and Events Services to access this account, and authorizes the web hosting service to provide Fresh Concepts Media and Events Services with "write permission" for the client's webpage directory and any other directories or programs which need to be accessed for this project.

2. Warranties. Fresh Concepts Media and Events Services represents and warrants to CLIENT that it has the experience and ability to perform the services required by this CONTRACT; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this CONTRACT; and that its performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. However, CLIENT will not determine or exercise control as to general procedures or formats necessary to have these services meet CLIENT's satisfaction. The CLIENT represents and warrants to Fresh Concepts Media and Events Services that it will provide CLIENT materials as required in a professional, competent, and timely manner; that it has the power to enter into this CONTRACT on behalf of CLIENT; and that its performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any federal, state or municipal laws.

3. Web design Contract Components Design Consultation. One design consultation is included in this contract usually prior to preparation of the proposal. The purpose of this consultation is to discover client needs and plan the web site design using the Website Planning Worksheet . These consultations may be in person or by phone. ·         Textual Content. Textual content will be supplied already composed and typed by CLIENT. CLIENT may elect to hire FCMES for copy writing services outside of this CONTRACT. Web pages of more than 1,200 words of text may be subject to additional fees, especially if they require a great deal of formatting. Photos and other misc. graphic images are supplied by client in digital or print format. Scanning in excess of five photographs per page is in addition to the price set forth in this contract and will be billed at Php15 per scanned image. CLIENT may elect to hire FCMES Photography outside of this contract. ·         Graphical Content. Each page can contain company logo if desired by CLIENT. Logo is to be provided by CLIENT. CLIENT may elect to hire Fresh Concepts Media and Events Services to design a logo outside of this contract. Fresh Concepts Media and Events Services will prepare a draft layout containing proposed custom designed graphics. A maximum of three revisions to the draft layout will be included at no extra cost to create the look and feel that is desired. Further revisions may be billed at a normal hourly rate. Installation of web pages on the client's web hosting service.

  Minor Updates and Changes. Minor updates and changes to existing web pages are included for up to two months following completion of website. Minor updates and changes are defined as updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text. If the CLIENT or any agent other than FCMES attempts to update the CLIENT's pages during this time, repairing the web page will be assessed at rates of 100 – 800 pesos per page. Depending on the work needed to fix a page.

4. Standard Website Packages The content of the web pages will be supplied by the client and executed as specified by the client in the "Website Planning Worksheet" dated _______________. This website includes up to ___________ web pages. In case the client desires additional standard web pages beyond the original number of pages specified above, the client agrees to pay FCMES an additional 1,000 pesos for each additional webpage.

5. Maintenance and Hourly Rate. This agreement includes minor webpage maintenance to regular web pages over a 2-month period, including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text. If the client or an agent other than FCMES attempts updating the client's pages, time to repair web pages will be billed at a rate mentioned. The 2-month maintenance period commences upon the date the client signs this contract.  Major updates requested by the client after the completion of the project is also billed in the same rate mentioned earlier.

6. Changes to Submitted Text. Please send us your final text. Time required to make substantive changes to client-submitted text after the web pages have been constructed will be additional, billed at the per page rate mentioned.

7. Web Hosting. The Client understands that any web hosting services require a separate contract with a web hosting service. The client agrees to select a web hosting service which allows FCMES full access to the web site and cgi-bin directory via FTP.

8. Completion Date.
FCMES and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project no later than _______ days after Client has submitted all necessary materials. If the Client does not supply FCMES with complete text and graphics content for this Web Design Project within _______ days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by FCMES as liquidated damages and the contract shall become null and void, at FCMES's option, unless the Web Design Project is canceled in writing by the Client prior to 15 days of the effective date of the agreement.

9 . Third Party Consultants and Sub-Contractors.
FCMES reserves the right to contract third party consultants with the approval of Client to the right fit for the job as well as on-time completion.

10. Legal Stuff. FCMES does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will FCMES 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, even if FCMES has 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.

11. Copyrights and Trademarks.
Client represents to FCMES and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to FCMES for inclusion in the web site are either owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend FCMES from any claim or suit arising from the use of such elements furnished by Client.

12. Payment Schedule. Fees to FCMES are due and payable on the following schedule. 50% due upon signing this contract Balance due on _____________ FCMES promises to complete all work by this date, subject to approval and receipt of all materials from Client. All final payment shall be due on agreed-upon date, regardless of delays by Client. However, if FCMES is delayed due to circumstances beyond his or her control, contract completion and required final payment will be postponed to a new agreed-upon date. At that new date, all fees will be due. 13. Sole Agreement. The agreement contained in this "Website Design Contract" constitutes the sole agreement between FCMES and the client regarding this website. All prices specified in this contract will be honored for 1 year after both parties sign this contract. Continued services after that time will require a new agreement. 14. Initial Payment and Refund Policy. The total amount of this contract is Php______________ This agreement begins with an initial payment of Php_____________. If the client halts work and applies by registered letter for a refund within 15 days to the Manager of Fresh Concepts Media and Events Services, work completed shall be billed at the 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. The undersigned agrees to the terms of this agreement on behalf of his or her organization or business. On behalf of the client (authorized signature): _______________________________________ Date ________________ On behalf of Fresh Concepts Media and Events Services (authorized signature) _______________________________________ Date ________________