Newwebby Website Planning Worksheet

Website Design CONTRACT Used in conjunction with the Website Planning Worksheet Contact Name _________________________________ Phone __________________ FAX __________________ Company _____________________________________ Address _______________________________________ ______________________________________________ City _____________ State ____ ZIP ______ Country ___ E-mail address _________________________________ Present WWW URL (if any): ______________________________________________ Username ________________________ Password ____________________________ Our desire is to delight the client. One way is to make clear our understandings with each other. These are the terms of our agreement together: 1. Authorization. The above-named client is engaging NewWebby Web Solutions, a sole proprietor, located at ___________________________________, 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 NewWebby Web Solutions to access this account, and authorizes the web hosting service to provide NewWebby Web Solutions 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 NewWebby Web Solutions to publicize their completed website to Web search engines, as well as other Web directories and indexes.

2. Standard Website Package Elements. (For Standard Website Packages Only. Cross out for online stores.) NewWebby Web Solutions includes the following elements in their Standard Website Packages: •

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NewWebby Client Support Portal (Up to 2 hours total general Internet orientation education, marketing strategy, Web design consultation, and helping clients learn to use their own webpage editor. Telephone long distance charges are in addition to package rates quoted. Additional education and consultation is at our hourly rate.) Words of text supplied by the client (200 words per page approximate maximum if not supplied via data storage device. 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.) Links to external pages, up to an average of 5 per page. Custom Graphics Package. First Page graphics (simple custom graphic incorporating company logo). Top-of-page graphic for all other pages in your website. Colorful lines and bullets, and colored and textured background. Photos and other misc. graphic images supplied by client (up to an average of 2 included per page in standard websites and "regular" online store pages, in addition to banner and top-of-page graphic. Color originals larger than 5" x 8" are extra). Installation of webpages on the client's web hosting service. Minor updates and changes to existing webpages for six months, subject to the limits outlined below. Additional changes billed at hourly rate. For online stores, this includes only "regular" pages, not product pages or the ordering system pages. Site publicity to at least a dozen major Web search engines, such as Google, Yahoo, AltaVista, InfoSeek, WebCrawler, Lycos, HotBot, MSN, etc. E-mail response link on each webpage to any e-mail address the client designates. Feedback or guest book form (Basic CGI program included. Includes up to 20 fields. Extra charges may be incurred if the client's web hosting service does not use a Unix operating system. Not included in the package price for sites smaller than 6 pages. This is not included in online stores, since the shopping cart software is a functional equivalent.) Image Map for internal navigation (Not included in the package price for sites smaller than 6 pages.)

Not included in Standard Package but available: • Content Management System includes our custom design of the homepage template plus the set-up of the CMS system for a text-

updatable website. Using a CMS for larger websites will generally work out much cheaper. The price of a CMS website is 30% of the website cost. 3. Standard Website Packages only. (Cross out this section for online stores.) The content of the webpages will be supplied by the client and executed as specified by the client in the "Website Planning Worksheet" dated _______________. This website includes up to ___________ webpages. In case the client desires additional standard webpages beyond the original number of pages specified above, the client agrees to pay Wilson Internet Services an additional $_______ for each additional webpage. Graphics or photos beyond the allowed average of 2 per webpage shall be billed at an additional $_____ each. Where custom graphic work (beyond the scope of the "Custom Graphics Package" detailed above) is requested, it will be billed at the hourly rate specified below. The store size and additional services, and prices of each are detailed on the attached estimate. 4. Online stores only. (Cross out this section for Standard Website Packages.) The text and graphic content of the webpages will be supplied by the client and executed as specified by the client in the "webpage Planning Worksheet" dated _______________. and the Store Planning Worksheet dated _____________. It is understood that total prices calculated below are likely to vary from the final amount due to different quantities of products, categories, photos, regular pages, etc. in the final store. An Estimate from NewWebby Web Solutions dated ____________ is attached to this document and governs the prices for this contract. Notwithstanding any prices listed in literature or on webpages, the client and New Webby Web Solutions agree that the services described above in this section shall be completed for $__________________ and upon this amount the first payment shall be determined. The final payment shall reflect and include all elements actually completed at the prices attached. We include Web design initial consultation and a client tutorial in learning to use the CMS software(if any). Telephone long distance charges are in addition to package rates quoted. *Additional education and consultation is at our hourly rate of $35.00. Product webpages, products, or photos added after the store is ready for advertising to the Web search engines will be calculated for actual time spent at the hourly rate specified below. 5. Maintenance and Hourly Rate. This agreement includes minor webpage maintenance to regular webpages (not 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 NewWebby Web Solutions attempts updating 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 date the client signs this contract. Changes requested by the client beyond those limits will be billed at the hourly rate of $ _________. 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, modifying product pages and databases in an online store, art, photo, graphics services, and helping clients learn how to use their own webpage editor. Database programming charges (if any) are not included in this rate. 6. Changes to Submitted Text. Please send us your final text. Time required to make substantive changes to client-submitted text after the webpages have been constructed will be additional, billed at the hourly rate. 7. Web Hosting. The client agrees to have New Webby Web Solutions as it’s web hosting service provider, which allows NewWebby Web Solutions full access to the website and the route directory via FTP. 8. Completion Date. NewWebby Web Solutions 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 _________________________. If the client does not supply NewWebby Web Solutions complete text and graphics content all webpages contracted for within five weeks of the date this contract was signed, 75% of the amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within 7 weeks after signing of this contract, the remainder of the amount of the contract plus an additional 10% continuation fee will be assessed each month until the website is advertised. 9. Payment of Fees. Fees to NewWebby Web Solutions are due and payable on the following schedule: (Scope Fee) 20% of the contract cost upon signing this contract, (Design Phase & Approval) 40% of the contract cost when webpages have been designed according to the client's original written specifications, and a signature of approval is given. The remainder 40% of the contract cost and additional fees (if applicable) are due at time of Website completion. If the total amount of this contract is less than $500, the total amount shall be paid upon signing this contract. In case the client has not secured Web space on a web hosting service by the time the webpages are completed, the webpages may be delivered to the client on a storage device or attached to an e-mail message. Alternately, rights may be given to NewWebby Web Solutions to upload the website on the existing web hosting serviceor to be the sole host service provider. Advertising the pages

to Web search engines and updating occur only after the final payment is made. All payments will be made in US funds. 10. Assignment of Project. NewWebby Web Solutions reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion. 11. Legal Stuff. NewWebby Web Solutions does not warrant that operations of the webpages will be uninterrupted or error-free. The entire risk as to the performance of the webpages and website is with client. Conversely and in efforts to satisfy the Client, ticket submittals will be honored by NewWebby Web Solutions in attempts to resolve potential glitches. In no event will NewWebby Web Solutions 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 NewWebby Web Solutions 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. 12. Copyrights and Trademarks. The client represents to NewWebby Web Solutions and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to NewWebby Web Solutions 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 NewWebby Web Solutions and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. 13. 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 NewWebby Web Solutions and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce. 14. Copyright to Webpages. Copyright to the finished assembled work of webpages produced by NewWebby Web Solutions is owned by NewWebby Web Solutions. 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. NewWebby Web

Solutions and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. 15. Payment of fees. In order for NewWebby Web Solutions to remain in business, 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. NewWebby Web Solutions 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 NewWebby Web Solutions. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Las Cruces, New Mexico, and any dispute will be litigated or arbitrated in Las Cruces, New Mexico. Please pay on time. 16. Sole Agreement. The agreement contained in this "Website Design Contract" constitutes the sole agreement between NewWebby Web Solutions 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 after that time will require a new agreement. 18. Termination Either party may terminate this Agreement by giving 20 days written notice to the other of such termination. In the event that work is postponed or terminated at the request of the Client, Consultant shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights to this Agreement. If additional payment is due, this shall be payable within thirty days of the Client’s written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Consultant and the Consultant shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment. The Client and Consultant are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor consultant has any authority to assume or create any obligation or liability, either expressed or implied, on behalf of the other. 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 ________________

_______________________________________ Date ________________

On behalf of NewWebby Web Solutions (authorized signature)

_______________________________________ Date ________________

_______________________________________ Date ________________

Website Planning WORKSHEET Used in conjunction with the Website Design Contract and Website Content Worksheet.

This questionnaire is designed to enhance communications between NewWebby Web Solutions and our clients. It provides a written memorandum of our mutually-agreed plan.

Organization Name: ____________________________________ 1. Purpose Give the most important purpose a "1", next most important a "2". Leave those blank which do not interest you at all. __ To gain a favorable impression of the company or organization. __ To develop a qualified list of prospects __ To sell products directly taking credit card information over the Internet __ To encourage potential customers to contact us by phone or mail to consummate a sale. __ To make available product information and price lists to distributors.

__ To make available product information and price lists to customers. __ To strengthen brand identification. __ Other _______________________________________________________

2. Site Organization Please label pages you desire and cross out the rest.

Total number of pages decided upon ________________

3. Site and Domain Names Site Name on Banner: ____________________________________ Domain Name (It must be registered through your web hosting service and approved by a domain registration service before you can use it.)

Desired Domain name _______________________________________ Already Registered with ______________________________________

4. Banner Graphic (First Page) It is very helpful if you will include a copy of your company's letterhead, brochures, catalog, etc. so we can see how you present your company image. __ Company Logo incorporated in the Banner graphic? If so, please provide a color copy. __ Photo or drawing of product?

__ Font type _________________________ __ Preferred colors in palette ___________________________________ __ Other ideas? Please specify below. _____________________________________________________________________________ __ _____________________________________________________________________________ __

5. Page Colors and Accents Your preference: Background _________________________________ Accent Colors ____________________________________ May we include a link at the bottom of the welcome page which reads "Created by NewWebby Web Solutions"? (phrase will display in a smaller font) (You are under no obligation to say yes.) ____Yes ____No

6. Navigation System The navigation system of all our Standard Website Packages includes: •

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Links from the front page and sectional pages to every page in the system to enable Web search engines to "spider" and index content on every page. Colored bar "Image Map" with a brief word or two indicating each page -- or, in larger sites -- each section of the website. This appears at the bottom of every page. In some sites we put this both top and bottom. You are limited to a maximum of about eight (8) selections on this image map. We use server side image maps to make it easy to expand the site at a later time without having to change the coding on each page of the site. For this reason, and to keep costs down, we do not include separate "buttons" on our standard sites. Included in sites of 6 pages or more. Left-Side Menus with text links are especially useful on larger sites. Included in sites of 6 pages or more. They can allow more detail than an

8-item bottom image map, and can enable visitors to see from any page how to get to any other. These may be white or light-colored over a dark left-side color or pattern, or black or dark over a light left-side color or pattern. Optional Systems. Circle those you wish incorporated in your site. ➢ Frames System where, typically, a scrolling menu remains on the left

side to provide navigation. We do not recommend frames in practically any situation, since they are a design disaster. They do not always print out, cannot be bookmarked easily, and often make the page design look "tacky" with their ugly gray scroll bars. We see them as the amateur's way to look cool. In a very few cases, they are useful: (1) to display large databases of information, (2) purposely hide URLs of content pages, (3) send visitors to other sites while making it easy for them to come back. (Extra charge) ➢ Search Engine is useful on larger sites of 20+ pages to help visitors quickly find what they're looking for. (Extra charge)

7. Basic Page Elements These are the important items which appear on nearly every webpage on your site (except the "home" page). • • • • • • • •

Page titles which show at top of Web browser only Top-of-page graphic based on the design of the masthead graphic Page Title in larger type. Heading Font Style: ________________ (recommend Arial Bold) Text. Body Font Style: ___________________ (recommend Times New Roman) Image Map by Image Map bar Standard company ID near bottom of page E-mail response link to the following e-mail address: _________________________ Copyright and trademark information in small print at the bottom of every page. What registered trademarks, trademarks, and service marks does your company want to indicate here?

Do you have any trademarks or service marks? If so, please list them here and indicate which are registered trademarks. _____________________________________________________________________________ __

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8. Photos, Graphics, Animations, Sound, and Video Our contract includes a statement that you own the copyright to, or have permission from the copyright owner to use any photos or graphics you send us. • • •

Clipart tends to be in bad taste on websites. Photos are recommended. Photos you supply either by sending the photos themselves for us to scan and return, or by sending the digitized images on a storage device. Stock photos obtained from ClipArt.com and other stock photo sites.

For an extra charge, we can equip your webpages with: • • • • •

Sound, either MIDI musical background or mp3 files for music or voice. Animated GIF images. We make animations for an extra charge. Shockwave Animations Flash Animations Video clips

9. Response Forms What is the purpose of your response form? __ Guestbook for visitors to record comments __ Request for information __ Survey of customer preferences Other: __________________________________________________ Note: We do not set up sites that use the response form as an order form, since these require secure servers, and secure order pick-up. For one or two products we recommend using ShopSite Lite with a secure server. Extra charge applies to set up the ordering system.

10. Web Hosting Service Web Hosting Service _____________________________________ E-mail for support or help ______________________________

11. Registering and Advertising Your Website Consider: •

Advertising your Website to Web search engines that index the Web

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Becoming active in several of the thousands of Internet news groups and mailing lists Developing a "signature" mini-ad attached to all your e-mail messages

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Including your e-mail and Web addresses on all your company's print literature, stationery, and display advertising • E-mail newsletters Information about number of visitors to your website can usually be obtained from your Internet Service Provider or Google Analytics. We do not include page counters on our Standard Website Packages We submit your information to Web search engines to "register" your website after final payment is received. Before doing this we work with you to get 50 to 100 keywords and a carefully constructed 25-word sentence contain the most important keywords.

12. Maintenance Target Datefor final payment and Web Site advertisement: ____________________ Package prices include minor updating over the first six months of the contract. This covers minor price changes, product changes, etc. It does not include major changes, such as changing newsletter content (which essentially involves constructing a new webpage), which is billed at our hourly rate.

On behalf of my organization I approve the above plan which I have developed with NewWebby Web Solutions to construct a website, and I

authorize NewWebby Web Solutions to use this Website Planning Worksheet as the basis of the project. Signature _____________________________________ Date _________________ These are the items that will make up the package you'll be sending to us or picked up by NewWebby Web Solutions Website Planning Worksheet • Website Design Contract • Website Content Worksheet which will define for us the: • Written content for your webpages (preferably on a disc or diskette formatted for Word for Windows or other word processor. We can translate from most word processor formats with ease.) • Photos or graphics to be included. You may send graphics and photos which we can scan into electronic form. Even better, send us a disc, USB(will be returned) with your graphics in any popular PC format, such as GIF, JPEG, BMP, EPS, CDR, PCX, etc.). If these are in Mac format, make sure each picture has a 3-digit extension, such as .jpg to indicate the format in which it is given. • Your company • Samples of your printed materials -- brochures, letterheads, cards, booklets, etc. -- so we can see how you present your company image. • Check or e-bill sent by NewWebby Web Solutions for at least 20% of the total. Packages can be picked up by Edward Guereque or Josue Flores,or NewWebby staff member. Other arrangements can be made if needed. •

We are looking forward to receiving your materials and constructing your website! Updated July 10, 2009