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- DEVELOPER SERVICES
- WEB SITE DEVELOPMENT AND TRANSFER
- PROPRIETARY RIGHTS
- CLIENT CONTENT
- FEES AND TAXES
- LIMITATION OF LIABILITY
- DESIGNATED CONTACT
- WAIVER OF REMEDIES
- ENTIRE AGREEMENT
- INDEPENDENT CONTRACTORS
- CLIENT IDENTIFICATION
- FORCE MAJEURE
This ‘WEB SITE DEVELOPMENT AGREEMENT’ (“Agreement”) is made by and entered into between [DEVELOPER NAME] (the “Developer”) and [CLIENT NAME] (the “Client”), and is executed as a binding agreement as of the Effective Date (Developer and Client are sometimes herein referred to collectively as the “Parties” or individually as a “Party”).
BACKGROUND AND PURPOSE
- WHEREAS, Developer is in the business of offering Internet services relating to development of sites on the World Wide Web portion of the Internet, and is willing to provide services to Client on the terms and subject to the conditions set forth below; and
- WHEREAS, Client desires to engage Developer, and Developer desires to be engaged by Client, to provide Internet services on the terms and subject to the conditions set forth below.
NOW THEREFORE, in consideration of the mutual promises and other good and valuable consideration considered hereinafter, the receipt and sufficiency of which are acknowledged by the Parties, the Developer and the Client agree as follows:
- DEVELOPER SERVICES.
Developer agrees to provide Client with services for development of a Web site on the World Wide Web portion of the Internet (the “Web Site”) as set forth or described in Schedule B hereto (the “Web Site Services”) and to provide Client with additional services, if any, set forth or described in Schedule E hereto and mutually agreed upon in writing by the Parties (the “Additional Services’). The obligations of Developer, if any, to provide ongoing maintenance tasks for the Web Site shall be set forth and included as part of Additional Services on Schedule E hereto (“Maintenance”). The Web Site Services and the Additional Services are hereinafter referred to collectively as the “Services”. Client agrees that Developer is responsible only for providing the Services, and Developer is not responsible for providing any services or performing any tasks not specifically set forth in Schedule B or Schedule E hereto.
- WEB SITE DEVELOPMENT AND TRANSFER.
2.1. Specifications and Client Content – Developer, in consultation with Client, shall prepare detailed written specifications for the Web Site (the “Specifications). The Specifications shall consist of, among other things, a design for the Web Site, a flow‑chart of the pages for the Web Site, programming and interactive feature requirements, and the placement of any content or other materials which are to be incorporated into the Web Site. The Specifications shall be subject to any restrictions or limitations set forth in Schedule B or Schedule E. The Specifications which have been mutually agreed upon by the Parties in writing shall be attached hereto as Schedule B and Schedule E. If the Parties are unable to agree in writing to mutually acceptable Specifications, after using good faith efforts, on or before days after the Commencement Date, either party may terminate this Agreement by providing written notice to the other party. Such termination shall not relieve Client from the obligation of paying Developer for all fees due and owing Developer as of the date of such termination.
2.2. Delivery of Client Content – “Client Content” shall mean any materials provided by Client for incorporation in the Web Site, including, but not limited to, any images, photographs, illustrations, graphics, audio clips, video clips or text. Client shall deliver the Client Content to Developer in an electronic file format specified and accessible by Developer (e.g., txt, gif) or as otherwise specified in the Specifications. Any services required to convert or input Client Content not set forth in the Specifications shall be charged as Additional Services. Client shall promptly deliver all Client Content to Developer as required by Developer.
2.3. Initial Version – Upon Specifications being mutually agreed, and upon Developer’s receipt of the Client Content and any fees called for in Schedule A hereto, Developer shall commence tasks associated with the development of the initial version of the Web Site (“Initial Version”) and notify the Client of the URL (Uniform Resource Locator) or other address of the Initial Version. Developer shall use combinations of technology as Developer, in consultation with the Client, deems appropriate to develop the Web Site.
2.4. Revisions – Client shall have days, or such time as otherwise agreed by the Parties in writing, from the date of a written notice of completion of the Initial Version from Developer to review and request in writing from Developer revisions to the Initial Version. Upon receipt of such requests, Developer shall use commercially reasonable efforts to implement such revision requests that are within the scope of, and consistent with, the Specifications. If Client wishes to implement any revisions to the Web Site that deviate in any material respect from the Specifications, Client shall submit to Developer a written change order containing (i) such revisions in detail and (ii) a request for a price quote for each change (collectively, the “Change Order). Developer shall promptly evaluate the Change Order and submit to Client for its written acceptance a proposal for undertaking the applicable tasks and a price quote reflecting all associated fees associated with Client’s Change Order. Client shall have [NUMBER] ([##]) business days from receipt of such proposal to accept or reject Developer’s proposal in writing. If Client accepts Developer’s proposal to undertake the work necessitated by the Change Order, then the Change Order, as supplemented and/or modified by Developer’s proposal, shall amend and become a part of the Specifications in Schedule B and Schedule E as appropriate and Schedule A hereto (Fee and Payment Schedule), and Developer shall proceed to implement such revisions in accordance with the Specifications and Schedule B and Schedule E as so modified. If (i) Client has not made any requests for revisions by the end of [NUMBER] ([##]) days from the date of written notice of completion of the Initial Version from Developer, or by such time as otherwise agreed by the Parties in writing, or (ii) upon completion of implementation of such requests which were mutually agreed upon by the Parties under the revised Specifications, the Web Site shall be deemed accepted by Client (“Acceptance”).
2.5. Transfer – Upon Acceptance of the Web Site and payment of all fees called for in Schedule A hereto, Developer shall transfer the Web Site to the computer system owned and operated by Client and/or its designated third party contractor, identified on Schedule B hereto, through which the Web Site may be accessed via the World Wide Web portion of the Internet (the “Host Server).
2.6. Work Order Forms – Subsequent to the execution of this Agreement by the Parties, in the event Developer and Client agree that Developer is to perform additional tasks not in the original scope of Services hereunder, then the Parties shall execute a work order form (each an “Order Form”) in the form attached hereto as Schedule F, upon which each such Schedule F shall be incorporated into and shall become a part of this Agreement and shall be subject to the terms and conditions hereof.
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