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WEBSITE DESIGN & MAINTENANCE AGREEMENT for theRANK AND FILE WEBSITE PLAN, Option #1

Thank you for choosing Prometheus Labor Communications for your website development, hosting, and maintenance. We look forward to working with you to create and maintain a site that matches your needs. Your satisfaction is of the utmost importance to us. That is why we are clearly spelling out the details of the contract. If you have any questions about any of the following provisions, please feel free to call and ask to speak with me, Steve Dondley.

This letter reflects the agreement between you and Prometheus, so when you have read it please return one signed copy to me. This is the only agreement between us regarding your website and it supersedes any and all other agreement(s) between us.

The agreement has two main components: Prometheus will:

1. Construct a website; and
2. Provide a service plan for your website for one year.

Prometheus will furnish you with a functional website on our server and will provide the first 5 hours of labor and up to 1 hour of consultation time at no charge. The cost of the one year service plan, and the total cost of this contract, is $600.

Billable time includes developing and transferring site content; communicating and consulting with you or your employees/agents, training you and your employees/agent;

administrative overhead of overseeing and carrying out the construction of the site; and testing the site’s functionality.

Remember that you are committing to a one-year site maintenance contract to receive the free hours of labor. If you terminate the site-maintenance agreement within the first 12 months, we will charge you $300.00, unless you are terminating the agreement because of a downtime in excess of 24 hours in any one calendar month.

The additional following charges may apply:

1. Prometheus can register your organization’s domain name (e.g. http://unionlocal99.org) for $20 per domain per year. Your domain name will be registered with the GoDaddy.com registrar.
2. If a domain name is registered by the client or is already in the possession of the client, costs associated with helping the client change the nameserver settings for that domain will be billed at $50/hour in 15 min. increments.
3. If additional time is requested by the client beyond the initial hours of labor provided by this contract, that time will be billed at a rate of $120/hour in 15 min. increments.
4. The rate for time spent traveling is $50.00. The client will also be charged for other travel related costs including meals, fares, tolls, parking, and driving expenses at the IRS mileage rate. In most cases, no travel is necessary, and will be done only at the client’s request.
5. In the rare case where materials and equipment specific to the client’s needs will need to be purchased, the costs of these materials shall be negotiated on a case-by-case basis.

Service Plan Agreement

Once the initial site construction build out has been completed, Prometheus will carry out the service plan agreement. You agree to pay $50.00 per month for this one-year service agreement in order to take advantage of the free 5 hours of labor.

As incentive for paying in advance, Prometheus will provide you with one free month of hosting if you pay for 12 months in advance ($600).

Here is what the additional services entail:

a. Hosting: Prometheus will provide 5GB of disk space for the storage of content, including documents, photographs, and other files. If you need more space, we will provide it. The monthly charge for extra space is $5.00 per GB. Our experience is that very few clients exceed the 5GB disk space limit.

While we will do our utmost to protect your data and provide backup systems to prevent loss, we cannot guarantee that service will never be uninterrupted or 100% secure. Prometheus will not be liable for loss of data, revenue or profits arising in connection with this agreement.

b. Bandwidth: Prometheus will let you know if your bandwidth use becomes excessive. If you require extra bandwidth, you and Prometheus will negotiate in order to agree to the charge.

c. Internet Connectivity: If your site or your e-mail is down for more than 12 hours in any one calendar month, not including unexpected data center outages, Prometheus will refund

you $25.00 upon request. If downtime exceeds 24 hours in any single calendar month, we will refund you $50.00 upon request, and you will be free to terminate the site-maintenance aspect of this agreement without incurring the $300.00 early-termination fee.

d. Free consultation and advice: If you inquire about additional services and features for your website, we will give you a free estimate for the services. Upon request, we will also advise you on best practices for your website free of charge. From time to time will make reach out to you to assist you with your web communication efforts.

d. Software upgrades and other improvements: Prometheus will make improvements to the software running your site as they become available, and we will upgrade the standard software features at no charge. However, if your site uses non-standard, custom features, or any kind of functionality that requires additional time to upgrade, you will be notified of the costs involved before we proceed. The client will have the option to decline the upgrade in these special cases.

All security updates will be provided free of charge.

e. Access: Prometheus will provide you with an administrative account with full privileges so that you can modify the site.

f. News service: Prometheus will provide you with news feeds for easy import into your site. There may be charges for setting up new feeds not performed during the initial construction phase.

g. Technical support: Prometheus will provide you with basic technical support, which includes responses to your inquiries that involve 10 minutes or less free of charge. For inquiries that require more than 10 minutes, we will charge you in increments of one-tenth of an hour at our hourly rate of $100.00. We will respond to your inquiries within one business day.

Prometheus will make every effort to provide online manuals and procedures to assist users. If documentation does not exist for a standard feature or function, the client may request one be written at no cost to the client.

h. Email accounts: Prometheus will supply up to 3 email accounts for your chosen domain.

Here are three other important terms of our agreement.

First, Prometheus will perform this agreement in a workmanlike manner in accordance with reasonable commercial standards. We make no other representations or warranties. Secondly, the legal relationship between you and Prometheus is that of independent contractors, not employer and employee, nor partners or joint venturers. Thirdly, the laws of the Commonwealth of Massachusetts shall govern the interpretation of this Agreement and any disputes that arise in connection with it. You and Prometheus agree that the exclusive venue for any and all litigation shall be the Superior Court in Hampden County, Massachusetts. You and Prometheus expressly agree to the personal jurisdiction of that court.

Once again, thank you for choosing Prometheus Labor Communications. We truly appreciate your business.

Very truly yours,

Stephen Dondley, President

Prometheus Communications, Inc.

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