Web Design and Development
Terms and Conditions
TERMS OF AGREEMENT
The following shall hereinafter be referred to as “CLIENT”:
Company/Client Name: _______________________________________________________
Address: ________________________________________________________________________
____________________________________________________________________________________
The following shall be referred to as “SUPPLIER”:
Company Name: Company Name
Address: Your company address
The CLIENT is engaging the SUPPLIER, as an independent contractor for the
specific purpose of designing, developing and/or improving a World Wide Web
site to be installed on the client's web space.
“ESTIMATE”: A proposal made by the SUPPLIER to the CLIENT regarding the
services provided and a brief of estimated timeline and costing. An ESTIMATE
can be made at the beginning of the PROJECT or before any MILESTONE.
“PRODUCT”: The unit of production that the DESIGNER has been contracted to
provide over a course of time.
“PROJECT”: The summation of all World Wide Web site design and development
tasks combined.
“SPECIFICATION”: The scope and requirements of the PRODUCT as defined by
the CLIENT before the initiation of the PROJECT.
“MILESTONE”: A phase in the PROJECT encompassing a specific period of time
or a series of tasks. Milestones will have to be specified in the estimate.
“SIGN-OFF”: The declaration of approval of the work supplied by the SUPPLIER
to the CLIENT of any specific MILESTONE or the whole PROJECT shall be known
as a SIGN-OFF.
“REVISION”: Any request of change in the supplied work by the CLIENT during
any phase of the PROJECT.
“ALTERATION”: Any change in the SPECIFICATION requested by the CLIENT
during any phase of the PROJECT.
WORKING/BILLING PHASES
For each PROJECT, the CLIENT will receive an ESTIMATE outlining the cost and
SPECIFICATIONS and the proposed scope of services and working/billing
phases.
Each ESTIMATE will contain a project budget, which include estimated fees for
professional services and separate itemized costs for anticipated out-of-pocket
expenses.
The SUPPLIER will begin work upon CLIENT’S approval of the written estimate.
The CLIENT’s approval (written or oral) will constitute an agreement.
CLIENT agrees to pay the SUPPLIER in accordance with the terms specified in
each ESTIMATE. The CLIENT will be invoiced upon the completion of each
project MILESTONE as agreed in the SPECIFICATION. Unless otherwise specified,
all subsequent balances due are payable upon design or code SIGN-OFF.
Unreasonable REVISIONS, any ALTERATIONS, or a switch in marketing
objectives sometimes makes it impossible to accurately estimate in advance the
total cost of a project. Planning the work, cost estimating, and billing in several
MILESTONES permits the SUPPLIER and the CLIENT to adjust for such
ALTERATIONS/or halt work before completion if a PROJECT is postponed or
canceled.
Any canceled project is billed only through MILESTONES that were actually
completed by SUPPLIER.
REVISIONS AND ALTERATIONS
If the REVISIONS to the PRODUCT changes to an extent that substantially alters
the SPECIFICATIONS described in the original ESTIMATE, the SUPPLIER will
submit a proposal revision memo to the CLIENT, and a revised additional fee
must be agreed to by both parties before further work proceeds.
Any extension to the SPECIFICATION will also be regarded as an ALTERATION.
New work requested by CLIENT and performed by SUPPLIER after a
proposal/estimate has been approved is an ALTERATION.
OWNERSHIP OF ARTWORK
The CLIENT represents to the SUPPLIER and unconditionally guarantees that
any elements of text, graphics, photos, designs, trademarks, or other artwork
furnished by the SUPPLIER for inclusion in the CLIENT‘s web site 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 the
DESIGNER and its subcontractors from any claim or suit arising from the use of
such elements furnished by the CLIENT.
PROMOTIONAL COPIES
The DESIGNER reserves the right to photograph and/or distribute or publish
promotional and marketing materials for any work created, including mock-ups
and comprehensive presentations, as samples for portfolio, firm news letter,
brochures, slide presentations and similar media. The SUPPLIER may retain
copies of the design, artwork and code for an infinite period.
LATE PAYMENT
The SUPPLIER is entitled to compensation for work completed within 10
working days from the dispatch date of the invoice. The invoices will be declared
payable once the client approves all corresponding timesheets.
In the event of an invoice or timesheet being queried for inaccuracy by the client,
the deadline for payment will stand unaffected.
A 21-day 'grace period' will be allowed in addition to the 10 working days
originally allowed to make full payment. A compounding 10% late fee to be
incurred in advance every month once the grace period is expired.
It is recommended that all payments according to the payable invoices be
cleared within 30 days in order to minimize any consequences. Failure to make
payment will result in the involvement of third-party debt collector agencies and
possible litigation.
ADDITIONAL PROVISIONS
The validity and enforceability of this agreement will be interpreted in
accordance with the laws of the People’s Republic of Bangladesh, applicable to
agreements entered into and performed in Bangladesh. This agreement is our
entire understanding and may not be modified in any respect except in an
executed agreement.
If we must retain attorneys to collect our invoices, we will be entitled to
reasonable attorney’s fees, court costs, and interest at the maximum rate
permitted by law.
This contract thereto constitutes the sole agreement between the SUPPLIER and
the CLIENT regarding this PROJECT. It becomes effective only when signed by
both parties. Both parties warrant that they have read and understood the terms
set forth in this agreement.
For and behalf of the CLIENT, For and behalf of the SUPPLIER,
Signed by: Signed by:
_____________________________________________ _____________________________________________
Signature: Signature:
_____________________________________________ _____________________________________________
Dated: _____________________________________ Dated: _____________________________________