1. Authorization. The above-named client is engaging Frank Safranek, hereafter referred to as Attach2.com or Attach2.com Websites, located at 1313 Sundown Glen, Escondido, CA, 92026, USA, as an independent contractor for the specific project of developing and/or improving a World Wide Web (WWW) website to be installed on the client's web space on a web hosting service's computer.  The client hereby authorizes Attach2.com Websites to access this account, and authorizes the web hosting service to provide Attach2.com with "write permission" for the client's webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project.  The client also authorizes Attach2.com Websites to publicize their completed website to WWW search engines, as well as other Web directories and indices should it be agreed that Attach2.com is to do so.

2. Standard Website Package Elements.  Attach2.com Websites includes the following elements in the Standard Website Package:

• E-mail/phone consultation.  Up to two (2) hours total general WWW orientation education, marketing strategy, and web design consultation.  Telephone long distance charges are in addition to package rates quoted.  Additional education and consultation is at our hourly rate.
• Photos and other miscellaneous graphic images supplied by client (up to ten graphic items included per page in standard websites, in addition to masthead graphic).  In addition, Attach2.com will visit your business location for one consult/photo session and will permit your use of any appropriate photos taken at this shoot on your website.  Attach2.com retains ownership and full copyrights of these photos, but other uses of these photos may be contracted at an additional fee.  If your location is outside of the immediate North San Diego County area, mileage charges will apply for this visit.
• Words of text supplied by the client.  Webpages of more than 1200 words of text may be subject to additional fees, especially if they are not in digital format or require additional formatting.
• Custom Graphics Package.  Interface graphic for all pages in your website.  Masthead graphic if applicable.  Colorful lines, bullets, and colored background if appropriate to design.
• Links to external pages, up to a suggested average of 3 per page.
• E-mail response link on each webpage to any e-mail address the client designates.
• Image Map for internal navigation (Not included in the package price for single page sites.)
• Installation of webpages on the client's web hosting service.
• Hosting of your Website to our server accounts for first year.  (This only applies to websites designed and built by Attach2.com.)
• Minor updates and changes to existing webpages for first six months, subject to the limits outlined below.  Additional changes billed at hourly rate.

4. Maintenance and Hourly Rate.  This agreement includes rewrites and corrections, revising and editing during the first two weeks after site is posted and then minor webpage maintenance to regular webpages (excluding store product pages) over a six-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 Attach2.com Websites attempts to update the client's pages, time to repair webpages will be assessed at the hourly rate, and is not included as part of the updating time.  The six-month maintenance period commences upon ____/____/____, the target date set forth in the Website Planning Worksheet.  Changes requested by the client beyond those limits will be billed at the hourly rate of $45.00.  This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, webpage design, editing, and art, photo, graphics services, and training on use your own webpage editor.  CGI, Java, JavaScript, and Flash programming charges (if any) are not included in this rate.

5. Changes to Submitted Text.  Attach2.com Websites will do “polishing” or minor rewrites of text, where agreed upon, with final approval to be given by the client.  Major rewrites, including but not limited to, those that require research, will be assessed an additional fee, billed at the standard hourly rate.

6. 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 Attach2.com Websites full access to the website and a cgi-bin directory via FTP and Telnet.

Hosting of any website designed and built by Attach2.com is available Free of Charge on our server accounts for the first year commencing upon ____/____/____, the target date for publication set forth in the Website Planning Worksheet.

Charges for Hosting beyond the initial 12-month period will be in accordance with the Pricing Schedule in effect at the end of the 12-month period.  It is the responsibility of the client to honor payment for this service upon receipt of billing, regardless of how much time has passed since the initial 12-month free hosting period ended.

Fees for Domain Name (http://www.yourname.com) registration or Domain setup are not included in the Hosting fees nor are they are part of the Free hosting option.

7. Completion Date.  Attach2.com Websites and the client must work together to complete the website in a timely manner.  We agree to work expeditiously to complete the website no later than ____/____/____, the target date for publication set forth in the Website Planning Worksheet.

If the client does not supply Attach2.com Websites with complete text and graphics content for all webpages contracted for within 60 days of the date this contract was signed, the entire amount of the contract becomes due and payable.

8. Payment of Fees.  Fees to Attach2.com Websites are due and payable on the following schedule:

• 50% upon signing this contract
• 50% when the webpages have been constructed according to the client's original written specifications.

9. Assignment of Project.  Attach2.com Websites reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

10. Legal Issues.  Attach2.com Websites does not warrant that the functions contained in these webpages or the Internet website will meet the client's requirements or that the operation of the webpages will be uninterrupted or error-free.  The entire risk as to the quality and performance of the webpages and website is with the client.  In no event will Attach2.com Websites 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 webpages or website, even if Attach2.com Websites 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.  The client represents to Attach2.com Websites and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Attach2.com Websites for inclusion in webpages 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 Attach2.com Websites and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

12. 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 Attach2.com Websites and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

13. Copyrights to Webpages.  Copyright to the finished assembled work of webpages produced by Attach2.com Websites is owned by Attach2.com Websites.  Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website.  Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners.  Attach2.com Websites and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

14. Payment of fees.  Payments must be made promptly.  Delinquent bills will be assessed a $15 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 5% penalty will be added for each month of delinquency.  Attach2.com Websites reserves the right to remove webpages from viewing on the Internet until final payment is made.  In case collection proves necessary, the client agrees to pay all fees incurred by that process.  This agreement becomes effective only when signed by Attach2.com Websites.  Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in San Diego County, California, and any dispute will be litigated or arbitrated in San Diego County, California.  It is rumored that penalty for late payments in San Diego County, California is death by public hanging.  Please pay on time.

15. Sole Agreement.  The agreement contained in this "Website Design Contract" constitutes the sole agreement between Attach2.com Websites and the client regarding this website.  Any additional work not specified in this contract must be authorized by a written change order.  All prices specified in this contract will be honored for six (6) months after both parties sign this contract.  Continued services (with the exception of the 12-month free hosting option) after that time will require a new agreement.

16. Initial Payment and Refund Policy.

The total amount of this contract is $__________.

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 Attach2.com Websites, 1313 Sundown Glen, Escondido, CA 92026, 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.

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 Attach2.com Websites: ________________________________ Date ________________

Contract Version: April 2005