VIEWS: 6,028 PAGES: 6 CATEGORY: IT Service Agreements POSTED ON: 9/2/2009
This is an agreement between a website designer and a client. The client engages the services of the designer to design a website as specified under “Schedule A” of this agreement. In addition, this agreement includes the payment schedule, due dates, and additional fees. This document contains numerous standard provisions that are commonly included in these types of agreements, and may be customized to fit the specific needs of the contracting parties. This document can be used by website designers or by small businesses that want to expand their business by creating a website.
This is an agreement between a website designer and a client. The client engages the services of the designer to design a website as specified under “Schedule A” of this agreement. In addition, this agreement includes the payment schedule, due dates, and additional fees. This document contains numerous standard provisions that are commonly included in these types of agreements, and may be customized to fit the specific needs of the contracting parties. This document can be used by website designers or by small businesses that want to expand their business by creating a website. Website Design Agreement This AGREEMENT (“Agreement”) is dated and in effect as of _____________, _______, _______ (the “Effective Date”) by and between _______________ (the “Client”) and ____________________ (“Web Designer”). Recitals A. Designer is in the business of website design; B. Client desires to retain Web Designer to design a website for Client (the “Work”). In consideration of the foregoing premises and the mutual covenants set forth in this Agreement and other valuable considerations, the parties hereto agree as follows: 1. DESCRIPTION OF WORK: The Work that is required of Web Designer by Client is described on Exhibit A hereto. 2. PAYMENT SCHEDULE: The term of this contract is as follows: The starting date is _________ and the estimated completion date is _________, for the total amount of ___________ ($_____) Dollars. Client shall pay Web Designer ____________ ($_____) Dollars, as a deposit for project commencement upon execution of this Agreement. The balance of ____________ ($_____) Dollars is due on the completion date, and shall be paid prior to file relinquishment by Web Designer or upload and/or assembly of the website on Client's web server. 3. DUE DATES: Web Designer agrees to deliver drafts of design of the Work on such dates as are set forth on Exhibit A. Web Designer shall use its best efforts to meet the agreed upon due dates. Client acknowledges that it is aware that failure to submit the required information or materials might cause delays in the production, which could result in significant delays in delivery of the finished Work. 4. FEES & ADDITIONAL SERVICES: Changes in Client input or direction or excessive changes will be charged at _____________ ($_____) Dollars for each ___________. Any work the Client directs Web Designer to create, which is not specified in the DESCRIPTION OF WORK section of this Agreement, or in Exhibit A, will be considered an additional service. Such Work may require a separate agreement and payment separate from and above that specified in this Agreement. 5. EXPENSES: Client agrees to reimburse Web Designer for any expenses necessary in completion of the Work including, without limitation: Fonts, Messengers, Proofs, Props, Research, Shipping, Software, Stock photography, Travel, Telephone Consultation. 6. ASSIGNMENT OF WORK: Web Designer reserves the right to assign other qualified designers or subcontractors to the Work to ensure quality and on-time completion. © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 2 7. RESERVATION OF RIGHTS: All rights not expressly granted hereunder are reserved to Web Designer, including, without limitation, all rights in sketches, drafts, or other preliminary materials. 8. PERMISSIONS AND RELEASES: Client agrees to indemnify and hold harmless Web Designer, and its officers, directors, employees and agents against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release. 9. PUBLICATION: The Client may publish or disclose information regarding the Work and shall acknowledge the support of Web Designer in all such publications. The Client shall not use the name of Web Designer in any advertising or publicity without prior written approval of Web Designer. Web Designer shall not use the name of Client in any advertising or publicity without prior written approval of the Client. 10. COPYRIGHT NOTICE: Copyright of the Work is in Web Designer's name. Upon completion of Work, the copyright shall be released to Client by execution of Release of Copyright by Web Designer. 11. TERMINATION: Either party may terminate this Agreement by giving thirty (30) days written notice to the other of such termination. In the event that Work is postponed or terminated at the request of the Client, Web Designer shall have the right to bill, on a pro rata basis, for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, it shall be payable within thirty (30) days of the Client's written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Web Designer and Web Designer shall own all rights to the Work. 12. LIABILITY: The Client and Web Designer 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 Web Designer has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other. 13. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of __________________ applicable therein. 14. ENTIRE AGREEMENT: This Agreement, and all exhibits hereto, along with any other documents or agreements expressly referred to herein, constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes all previous agreements between the parties with respect to the subject matter hereof. There are no agreements, representations or warranties between or among the parties other than those set forth in this Agreement or in the documents or agreements referred to herein. © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 3 15. AMENDMENTS: No amendment, modification, or supplement to this Agreement shall be binding on any of the parties unless it is in writing and signed by the parties in interest at the time of the modification. 16. SEVERABILITY: If any term or provision of this Agreement is determined to be illegal or unenforceable, such illegal or unenforceable provision shall be stricken from this Agreement, and shall not affect the legality or unenforceability of this Agreement. 17. ATTORNEYS' FEES: If either party to this Agreement shall bring any action, suit, arbitration, or other proceeding against the other, declaratory or otherwise, to enforce the terms hereof or to declare rights hereunder, the party prevailing in such action or proceeding shall be entitled to recover attorneys' fees and costs incurred in prosecuting or defending the action or proceeding, and in enforcing any judgment, ruling or award granted therein. As used herein, the term “attorney's fees” shall include, without limitation, fees and costs incurred in (i) post- judgment motions and collection actions, (ii) garnishment, levy and debtor and third party examinations, (iii) appeals and related proceedings, and (iv) discovery. 18. INTERPRETATION: The terms of this Agreement have been negotiated by the parties hereto and all language herein shall be deemed to be the language mutually selected by the parties to express their intent. This Agreement shall be construed without respect to any presumption requiring construction against the party causing the instrument to be drafted. 19. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. The undersigned agrees to the terms of this Agreement on behalf of his or her organization or business. CLIENT WEB DESIGNER _____________________ _________________________ Authorized Signature Authorized Signature _____________________ _________________________ Print Name & Title Print Name & Title © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 4 EXHIBIT A Description of Client’s Website: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _______________________________________ Estimated Number of Unique Pages: _________________ Estimated time for site to be complete and go live: ___________________ First Design Draft will be presented to Client by: ____________________ Client will have __________days to review and mark changes and/or approve of First Draft. Each additional day needed by Client to review the First Draft will result in additional days for the completion of the Work. Second Design Draft will be presented to Client_____ days after receipt of changes and approvals of First Draft. Client will have __________days to review and mark changes and/or approve of Second Draft. Each additional day needed by Client to review Second Draft will result in additional days for the completion of the Work. Third and Final Design Draft will be present to Client _______days after receipt of changes and approvals of Second Draft. Client will have _________days to review and any final changes and/or approve Final Design Draft. Each additional day needed by Client to review Final Draft will result in additional days for the completion of the Work. © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 5
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