3. Standard Website Packages only. The content of the web pages will be supplied by the client. This website includes up to ______ web pages and ___________________. In case the client desires additional standard web pages beyond the original number of pages specified above, the client agrees to pay North Peak Graphics an additional $150 for each additional web page. Graphics, photos or videos beyond the allowed average of 1.3 per web page shall be billed at an additional $5 each. Where custom graphic work (beyond the scope of the "Layout Graphics" detailed above) is requested, it will be billed at the hourly rate specified below.

4. 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 North Peak Graphics full access to the website via FTP and/or SCP. The client further understands hosting service must use a Linux/Unix operating system running PHP, MySQL and Apache. We do not support any other type of web hosting server.

5. Maintenance and Hourly Rate. This agreement includes minor web page maintenance to regular web pages (not store product pages or items) over a six-month period, including updating links and making minor changes to a sentence or paragraph. It does not including removing nearly all the text from a page and replacing it with new text. If the client or an agent other than North Peak Graphics attempts updating the client's pages, time to repair web pages 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 $60. This rate shall also govern additional work authorized beyond the maximums specified above for such services as marketing consulting, web page development, editing, modifying product pages, databases in an online store and art, photo, video, graphics services and helping clients learn how to use their own web page editor.

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 hourly rate.

7. Quotes and project timelines. Please be aware that projects are subject to change based on the actual development, planning and requirements of the service provided. While we will certainly make every effort to do so, we make no guarantees that we will meet every budget or timeline that we propose. If a situation arises Where additional time is required or the proposed budget is exceeded by more than 10%, we will present you with a new estimate prior to commencement of additional work.

8. Completion Date. North Peak Graphics 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 North Peak Graphics complete text and graphics content all web pages contracted for within six weeks of the date this contract was signed, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within two months after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is published.

9. Fees. Fees to North Peak Graphics are due and payable on the following schedule: 50% upon signing this contract, 50% when the web pages have been constructed according to the client's original written specifications. If the total amount of this contract is less than $600, the total amount shall be paid upon signing this contract. Please note: final bill will be issued upon completion of North Peak Graphics’ work - OR - if we have completed our development and are awaiting final changes from the client for more than 14 days, the final payment will be due and issued. The final changes the client requires will still be included in the final invoice/bill amount, but can be completed at the clients leisure (up to 6 months). Larger projects (Over $3,000.00) will be divided into an initial payment, progress payments and final payment. If your website is going to be hosted elsewhere from North Peak Graphics, final payment must be made after the site is completed according to the client's original written specifications prior to North Peak Graphics loading your new site online to your web host. We will host your site at a temporary address on our servers until final payment is made (up to 6 months). In case the client has not secured web space on a web hosting service by the time the web pages are completed, the web pages may be delivered to the client on diskette or made available by a download able ZIP file from our servers. All payments will be made in U.S. funds. Payment is accepted in the form of check. All check payments should be made payable to “North Peak Graphics”

10. Assignment of Project. North Peak Graphics 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. North Peak Graphics 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 the client. In no event will North Peak Graphics 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 North Peak Graphics 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 North Peak Graphics and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to North Peak Graphics for inclusion in web pages 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 North Peak Graphics and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. The copyright of the design of your site that North Peak Graphics creates remains our design copyright. You can use this site for the business or purpose we create it for and move it to any other server and modify the code in any way you like. You cannot, however, use our design for other sites by either on-selling the design or copying our code for another site external to the purpose we created the site for (copying the website for another business you own for example) - unless this is previously agreed in writing. Our design notice must appear on the home page of your site. You can choose the position and font color (so long as it is legible). If you wish to purchase full design copyright of the site, you can, but this is not included in our regular site development fees.

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 North Peak Graphics and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

14. Copyright to Web pages. Copyright to the finished assembled work of web pages produced by North Peak Graphics is owned by North Peak Graphics. 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. North Peak Graphics retains 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 North Peak Graphics to remain in business, payments must be made promptly. Delinquent bills will be assessed a $50 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. North Peak Graphics reserves the right to remove web pages 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. In the event that the website is not completed by the date above due to pages/content to be added in addition to the contract therein or any other reason other than fault of designer, a “progress payment” shall be made to North Peak Graphics in the amount of ¼ of the total contract bi-monthly until the website is completed. This agreement becomes effective only when signed by North Peak Graphics. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Phoenix, Arizona and any dispute will be litigated or arbitrated in Phoenix, Arizona. Please pay on time.

16. Sole Agreement. The agreement contained in this "Website Development Agreement" constitutes the sole agreement between North Peak Graphics 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.

17. Initial Payment and Refund Policy. The total amount of this contract is $___________________

This agreement begins with an initial payment of $_________________ (Received__________________).

If the client halts work and applies by registered letter for a refund within 15 days, 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 15 days of signing this contract. The undersigned agrees to the terms of this agreement on behalf of his/her or their organization or business.

Client (authorized signature):

Company: ___________________________________________

Name: ______________________________________________

Signature: ___________________________________________ Date ________________

North Peak Graphics (authorized signature)

Name: ______________________________________________

Signature: ___________________________________________ Date ________________

Contract DEV20110701