Need answers for this assignment so that I can check if I have done it correctly.

BUSINESS LAW BIAW 150 'WIN'IER 201'? Instructor: Frank Fischer ASSIGNMENT #1 DUE DATE: Friday l'tu'larch 1-3, 2-31? 11:59 E Aw'gnment #1 is worth 12.5% ofthe nal grade and is a takehome assignment. (Assignment #2 will also be worth 12.5% ofthe nal grade, that is, as noted in the Supplementary Course Outline, the two (2) assignments will collectively be worth 25% of the nal grade}. You may do the assignments individually or in groups of no more than three {3} students. Please indicate your name(s) and student number{s) on your answer to the assignment. Please submit your answers to the assignment in type-written format in hard copy in class or by leaving a datestamped hard copy at the Business School reception desk or by submitting your answer electronically via Blackboard or email. Assignment #1 is due on Friday l'ularch 10, 201? at 11:59 pm and @ later. Late submissions will receive an automatic 20% deduction 'om the grade and no late submissions will be accepted after Thursday March 16, 201?. Assignment #1 relates to Contract Law and is intended to help students gain familiarity in reading and analyzing contracts- (Contract Law is covered in Chapter 4 ofthe Textbook, in the Chapter 4 Powerpoint slides and is being discussed in class). Review the attached sample Website Design Contract which Superior Website Design and Development [\"SWDD") uses with its clients and answer the following questions: a. What is the consideration that each party [ie_ SWDI} and the client) gives to this transaction? b- Identify the following types ofclauses contained in the contract. What is their impact? i. Indemnity clause i. Flexible pricing clause iii. Limitation of liability clause iv. Entire agreement clause c. I'l'you are a client negotiating with S'WDD to design and build your company's website, what clauses in the contract might concern you? How can you minimize the risks associated with these ooneerns? d. Assume you entered into a Website Design Contract with SWDD for your business according to the terms of the sample contract attached. The fee for the project is $3.00!] for ten web pages. The completion date is set to coincide with a special online promotion expected to generate $5=00 in prots- S'WDI} liails to complete the website by the completion date through no fault of yours or that of your business. The anticipated sales om the online promotion fail to materialize. What avenues of recourse do you have? What losses or damages could potentially be recovered (or not) from SWDD? Explain your answers. Date: Between: Superior Website Design and Development (herein "S'WDD'U And: Client Contact Name Phone Client CompanyEEusiness Name Address City Province Postal Code Email address Present URL (if any): 1. Authorization. The abovenamed client is engaging Sl-VDD as an independent contractor for the specic project of developing and" or improving a website to be installed on the client's web space on an Internet service provider's web hosting server or client server. The client hereby authorizes SEVDD to access this account, and authorizes the Internet service provider to grant SWDI} "write permission" for the client's web page directory, CGIbin directory, and any other directories or programs that need to be accessed for this project. The client also authorizes SWDD to publicize its completed website to web search engines, as well as other web directories and indexes. 2. Standard Website Package Elements. S'WDD includes the following elements in its Standard Website Packages: . Emailf'phone consultation: Up to four hours' total general Internet orientation education, marketing strategy, 1web design consultation, andweb page editor training. Additional education and consultation is at our hourly rate of $40.00 per hour. - Words of text supplied by the client Two hundred words per page approximate maximum if not supplied via CD or email attachment. Web pages of Canadian Business Law, 2nd Edition, Instructor's Guide IE 2012 Emond Montgomery Publications more than 1,200 words of text may be subject to additional fees, especially if they require a great deal of formatting. I Links to external pages, up to an average of three per page- I Custom Graphics Package: Masthead graphic on first page (simple custom graphic: incorporating company logo). Top-ofpage graphic for all other pages in client website. Colourful lines and bullets, and coloured and textured background. I Photos and other misc. graphic images supplied by client. Up to an average of two included per page in standard websites and "regular" ouline store pages, in additionto masthead and topofpage graphic. Colour originals larger than 5" x 8" are extra). I Installation of webpages on the client's web hosting service. I :Minor updates and changes to existing web pages for six months, subject to the limits outlined below. Additional changes billed at hourly rate. For online stores, this includes only "regular" pages, no't product pages or ordering system pages. I Site publicity to at least a dozen major web search engines, such as Google, Yahoo, Bing, AltaVista, InfoSeelc, WebCrawler, Lycos, HotBot, etc. I Email response link on each web page to any email address the client designates. I Feedback or guest book form: Basic CGI program included. Includes up to 20 elds- 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 six pages nor for online stores, since the shopping cart software is a functional equivalent.) I Image lldap or internal navigation (Not included in the package price for sites smaller than six pages.) Standard Website Packages only. The content of the web pages will be supplied by the client. This website includes up to web pages. In case the client desires additional standard web pages beyond the original number of pages specied above, the Canadian Business Law, 2nd Edition, Instructor's Guide IE 2012 Emond Montgomery Publications client agrees to pay SKVDD an additional $150.00 for each additional web page. Graphics or photos beyond the allowed average of two per web page shall be billed at an additional $10.00 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 specied below. The store size and additional sen-\"ices, and prices of each are detailed on the attached estimate. 4. Web Hosting. The client understands that any web hosting sen-ices require a separate contract with a web hosting service. The client agrees to select a web hosting service that gives 3WD full access to the website and to a CGI-bin directory via FTP. The client further understands that if the Internet service provider's operating system is not a Unix system, standard CGI soware may not work. Providing a substitute may incur additional charges. 5. Maintenance and Hourly Rate. This agreement includes minor web page maintenance to regular web pages (not store product pages) 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 'om a page and replacing it with new text. If the client or an agent other than SEED 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 sixmonth maintenance period commences on the date the client signs this contract. Changes requested by the client beyond those limits 1will be billed at the hourly rate of $40.00. This rate shall also govern additional work authorized beyond the maximums specied above for such sen-\"ices as general Internet orientation education, marketing consulting, web page design, editing, modifying product pages, and databases in an online store, and art, photo, graphics sen-\"ices, and helping clients learn how to use their own web page editor. CGI programming charges (if any) are not included in this rate. 6. Changes to Submitted Text. Please send your nal text to SWDD. Time required to make substantive changes to client submitted text aer the web pages have been constructed 1will be additional, billed at the hourly rate. Canadian Business Law, 2nd Edition, Instructor's Guide IE 2012 Emoud Montgomery Publications 3 7'. Quotes and project timelines. Please be aware that projects are subject to change based onthe actual development, planning, and requirements of the service provided. 'While S'WDD will certainly make every effort to do so: it makes no guarantees that it will meet every budget or timeline that is proposed. If a situation arises where additional time is required or the proposed budget is exceeded by more than ten percent: SW'DD will present the client with a new estimate before starting additional work. 8. Completion Date. SWDD and the client must work together to complete the website in a timely manner. SWDD will work expeditiously to complete the website no later than , however, if the client does not supply S'WDD complete text and graphics content for all web pages contracted for within six weeks of the date this contract is 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 of signing this contract, an additional continuation fee of ten percent of the total contract price will also be assessed each month until the web site is published. 9. Fees. Subject to the provisions ofthis contract, the total amount for this contract is: - Fees to SWDD are due and payable on the following schedule: - 5G percent upon signing this contract. - 50 percent when the web pages have been constructed according to the client's original written specications. - Ifthe total amount ofthis contract is less than $1,500, the total amount shall be paid upon signing this contract. . Please note: nal bill will be issued upon completion of S'WDD's work DRif S'WDD has completed its development and is awaiting nal changes om the client for more than 14 days, the nal payment will be due and issued. The nal changes the client requires will still be included in the nal invoice'bill amount, but can be completed at the client's leisure {up to six months). - Larger projects [over $5,00G) will be divided into an initial payment, progress payments and nal payment. Canadian Business Law, 2nd Edition, Instructor's Guide IE 2012 Emond Montgomery Publications 4 - Advertising the pages to web search engines and updating occur only aer the nal payment is made. . All payments to be made in Canadian funds. . Payment is accepted in the form of cheque or credit card 10. Assignment of Proj ect. S'WDD reserves the right to assign subcontractors to this project to ensure the right t for the job as well as ontime completion. 1 1. Disclaimer. SWDD does not warrant that the meons 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 rests with the client. In no event will SWDD be liable to the client or any third party for any damages, including any lost prots or other incidental, consequential, or punitive damages arising out of the operation of or inability to operate these web pages or website, even if S'WDD has been advised of the possibility of such damages. 12. Indemnication. The client represents to SW'DD and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to SWDD for inclusion in web pages are owned by the client, or that the client has permission om the rightful owner to use each of these elements, and will indemnify and defend SWDD and its subcontractors from any claim or lawsuit arising from the use of such elements nnished by the client. 13. Cupyrights and Trad-arias. The copyright of the design of the client's site that S'WDD creates remains S'WDD's design copyright. The client is granted permission to use this site for the business or purpose it is created for and move it to any other server and modify the code in any way. The client cannot, however, use SW'DD's design for other websites or purposes unless this is previously agreed in writing. The S'WDD logo must appear on the home page of the client's website. A full design copyright for the website is available from 8WD for an additional fee. Canadian Business Law, 2nd Edition, Instructor's Guide IE 2012 Emcnd Montgomery Publications 5 l4. Governing Law and Venue. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue this contract was entered into in Toronto, Ontario, and is governed by the laws of Ontario. 15. Entire Agreement The agreement contained in this "Website Design Contract" constitutes the entire agreement between S'WDD and the client regarding this website. Any additional work not specied in this contract must be authorized by a written change order. All prices specied in this contract will be honoured for six {6) months aer both parties sign this contract. Continued sen-ices after that time will require a new agreement 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 S'WDD [authorized signature): Date Canadian Business Law, 2nd Edition, Instructor's Guide IE 2012 Emond Montgomery Publications 5