WEB DESIGN PROJECTS

Authorization
The above-named Client (hereinafter referred to as "Client") is engaging ZUBA Solutions as an independent contractor for the specific purpose of designing a World Wide Web site, herein after referred to as "Web Design Project", to be published on the Client's account on an Internet Service Provider ( ISP )/Web Presence Provider (WPP) computer, herein after refer to as "Hosting Service", or provided on diskette at the Client's option. The Client hereby authorizes ZUBA Solutions to access this account, and authorizes the Hosting Service to provide ZUBA Solutions, with "full access" to the Client's account, and any other programs needed for this Web Design Project that are included as part of the Client's service agreement/level.

Development & Compatibility
Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. ZUBA Solutions represents and warrants that the web site we design for you will work in:

1. Microsoft® Internet Explorer versions 5 and up
2. Netscape Navigator/Communicator version 4 and up
3. Mozilla Firefox version 1.0 and up

While ZUBA Solutions will make reasonable efforts to design a fully-functional web site, ZUBA Solutions ' warranty does not cover text-based browsers or requested special effects that we have advised you against.

Copyrights & Trademarks
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ZUBA Solutions for inclusion in the Web Design 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, indemnify and defend ZUBA Solutions and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.

Website Maintenance
This agreement allows for minor web site maintenance to pages for the following 90 days upon completion of your web site at no charge, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guestbooks, discussion webs, navigation structure changes, attempted updates by Client repairs or Web Design Projects delivered to Client via diskette, U.S. mail and e-mail. The period begins on the date the Client's web site is available to be published to the Client's hosting service. Major page code and/or graphics changes and additions will be charged at the $50.00 per hour rate. (Notice: This rate is subject to change at any time.)

 Website Domain & Hosting Costs
The client will assume any costs related to maintaining the final Website with a hosting service of their choice. The client will also assume any costs related to domain name and registration fees. ZUBA Solutions will assist the client in researching the most affordable and appropriate options, but will in no way assume responsibility for those extraneous costs. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. ZUBA Solutions shall not incur any liability or penalty for delays in performance by any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor's computer or Internet software, or external forces beyond the control of ZUBA Solutions even if ZUBA Solutions has been advised of the possibility of such damages.

 Completion Date
ZUBA Solutions 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 30 days after Client has submitted all necessary materials. If the Client does not supply ZUBA Solutions with complete text and graphics content for this Web Design Project within 45 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by ZUBA Solutions as liquidated damages and the contract shall become null and void, at ZUBA Solutions ‘ option, unless the Web Design Project is canceled in writing by the Client prior to 45 days of the effective date of the agreement.

Project Delivery
The final web site design project will be published to the Client's hosting service upon receipt of final payment or delivered via diskette upon the receipt of full payment.

Electronic Commerce Laws
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend ZUBA Solutions and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

Web Design Project Copyright
Copyright to the finished web design site produced by ZUBA Solutions will be owned by ZUBA Solutions. The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs specifically are not transferred to the Client, and remain the property of their respective owners. ZUBA Solutions and its subcontractors retain the right to display graphics and other Web Design elements as examples of their work in their respective portfolios. All Web Design Projects will contain a copyright/legal statement with a link to ZUBA Solutions Web Site.

Payments
Payments must be made promptly based on the terms of this Web Site Design Project. ZUBA Solutions reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. All payments are to be made within 30 days after completion and approval of the Web Design Project by the Client. In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred by that process. This agreement becomes effective only when signed by ZUBA Solutions. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into Broward County , Florida , and any dispute will be litigated or arbitrated in Broward County , Florida and the Client hereby consents to the personal jurisdiction of the Florida State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. All payments will be made in U.S. Dollars.

Payment Schedule
Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and the Package Price, attached hereto and made a part of this agreement hereof. Notwithstanding any prices listed in literature or on Web pages, the Client and ZUBA Solutions agree that the services described in this contract, and the Package Price, shall be completed for $________. The Client agrees to pay to ZUBA Solutions an initial, non-refundable deposit of $________ (normally, 50% of the estimated total cost) upon execution of this agreement. Final payment is due within 30 days prior to publication and/or delivery of the Web Site Design Project. All amounts must be in U.S. Dollars.

Legal Notice
Notwithstanding anything to the contrary contained in this contract, neither ZUBA Solutions nor any of its employees or agents, warrants that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will ZUBA Solutions be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor's computer or Internet software, even if ZUBA Solutions has been advised of the possibility of such damages.

This Agreement
This agreement constitutes the sole agreement between ZUBA Solutions and the Client regarding this Web Design Project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by both Client and ZUBA Solutions. All prices specified in this contract will be honored for 6 months after both parties sign this contract. Continued services after that time will require a new agreement.

GRAPHIC DESIGN PROJECTS

Authorization
The above-named Client (hereinafter referred to as "Client") is engaging ZUBA Solutions as an independent contractor for the specific purpose of designing a graphic design project as designated in the proposed project outline, herein after referred to as "Graphic Design Project."

Ownership of Artwork
Until full payment has been made, ZUBA Solutions retains ownership of all original artwork or parts contained therein, whether preliminary or final. Upon full payment, the client shall obtain ownership of the final artwork to use and distribute as they see fit. ZUBA Solutions retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio. Where applicable the client will be given any necessary credit for usage of the project elements.

Copyrights & Trademarks
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ZUBA Solutions for inclusion in the Graphic Design 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, indemnify and defend ZUBA Solutions and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.

Production Schedule & Delivery of Project
The client will assume any shipping or insurance costs related to the project. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. ZUBA Solutions shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the designer. If such event(s) occur, it shall entitle the designer to extend the completion/delivery date, by the time equivalent to the period of such delay.

Printing Costs
The client will assume any costs related to printing the final output of the project. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. ZUBA Solutions will assist the client in achieving reputable and reasonable printing estimates. ZUBA Solutions shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of third-party vendors, unusual transportation delays, unforeseen illness, or external forces beyond the control of ZUBA Solutions.

Third-Party Shipping
In the event any material necessary for the production of the project must be shipped to a third-party for additional processing, typesetting, photographic work, color separation, press work, or binding, ZUBA Solutions will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.

Claims Period
Claims for defects, damages, and/or shortages must be made by the client in writing within a period of fifteen (15) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions, and specifications.

Preparatory Materials
Preparatory work performed at the client's request, such as sketches, drawings, composition, disks, plates, presswork, and materials will be charged at current rates and may not be used without the consent of ZUBA Solutions. Artwork, type, negatives, positives, plates, disks, and other items when supplied shall remain ZUBA Solutions exclusive property unless otherwise agreed in writing.

Comps Policy
ZUBA Solutions will provide a reasonable effort to the client in the initial comping stages of the graphic design project. Logo design projects will receive five (5) initial designs; Stationary design projects will receive three (3) initial designs, and all other print-format design projects: postcards, brochures, flyers, digital advertising and marketing, and all other tasks to receive one (1) initial design comp. ZUBA Solutions allows two (2) reviews at no additional cost to the client to make corrections to all copy and design elements. Any subsequent changes following that amount are subject to an additional charge at the $50.00 per hour rate. (Notice: This rate is subject to change at any time.)

Condition of Copy
Upon receipt of original copy or manuscript, should it be evident that the condition of the copy differs from that which had been originally described and consequently quoted, the original quotation shall be rendered void and a new quotation issued. It is also noted that if original copy or manuscript is not received in full from client in a timely and efficient manner, the original quotation shall be rendered void and a new quotation issued to complete the agreed upon graphic design project.

Proofing of Final Project Approval
A final proof form will be supplied with the proof and must be signed by the client. If revised proofs are desired, request must be made when proofs are returned. A reasonable variation in color between color proofs and the completed job shall constitute acceptable delivery. ZUBA Solutions cannot be held responsible for errors under either or both of the following conditions: if the customer has failed to return proofs with indication of changes or if the customer has verbally instructed ZUBA Solutions to proceed without submission of proofs. ZUBA Solutions shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client. It is agreed that it is the client's responsibility to ensure that there are no spelling or grammatical errors contained in the final product. It is agreed that ZUBA Solutions is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public.

Cancellation
In the event of cancellation of the assignment, ownership of all copyrights and the original artwork and disks shall be retained by ZUBA Solutions, and a cancellation fee for work completed, based on the contract price and expenses already incurred, shall be paid by the client.

Confidentiality
All correspondence and documents provided will be treated as confidential between the client and ZUBA Solutions, unless consent has been granted by both parties involved.

Payments
Payments must be made promptly based on the terms of this Graphic Design Project. ZUBA Solutions reserves the right to withhold final disks containing completed project from client until final payment is made. All payments are to be made within 15 days after final proof approval of the Graphic Design Project by the Client. In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred by that process. This agreement becomes effective only when signed by ZUBA Solutions. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into Broward County , Florida , and any dispute will be litigated or arbitrated in Broward County , Florida and the Client hereby consents to the personal jurisdiction of the Florida State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. All payments will be made in U.S. Dollars.

Payment Schedule
Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and the Package Price, attached hereto and made a part of this agreement hereof. Notwithstanding any prices listed in literature or on Web pages, the Client and ZUBA Solutions agree that the services described in this contract, and the Package Price, shall be completed for $________. The Client agrees to pay to ZUBA Solutions an initial, non-refundable deposit of $________ (normally, 50% of the estimated total cost) upon execution of this agreement. Final payment is due within 15 days after final proof approval of the Graphic Design Project by the Client. All amounts must be in U.S. Dollars.

Legal Notice
This agreement constitutes the sole agreement between ZUBA Solutions and the Client regarding this Graphic Design Project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by both Client and ZUBA Solutions. All prices specified in this contract will be honored for 6 months after both parties sign this contract. Continued services after that time will require a new agreement.