Web Site Development and Service Agreement

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

Web Site Development and Service Agreement

This Web Site Development and Service Agreement ("Agreement") is made effective as of {{effective_date}}, by and between:

**{{client_company_name}}** (hereinafter referred to as "Client"), a company duly incorporated under the laws of {{client_country}}, with its principal place of business at {{client_address}}.

AND

**{{service_provider_company_name}}** (hereinafter referred to as "Service Provider"), a company duly incorporated under the laws of {{service_provider_country}}, with its principal place of business at {{service_provider_address}}.

1. Scope of Work (Website Development)

The Service Provider agrees to develop a website for the Client as outlined in **Schedule A: Website Specification and Deliverables**, attached hereto and forming an integral part of this Agreement.

This includes, but is not limited to, design, content integration, functionality development, and testing. Unless otherwise specified, all development will aim for compatibility with modern web browsers and mobile devices.

Any changes or additions to the scope of work must be agreed upon in writing by both parties and may result in adjustments to the project timeline and cost.

2. Scope of Work (Website Services & Maintenance)

The Service Provider shall provide ongoing services as detailed in **Schedule B: Ongoing Services and Maintenance Plan**, attached hereto. These services may include, but are not limited to, hosting, security updates, software updates, content management system support, and technical support.

The term for ongoing services shall commence upon the launch of the website or as otherwise agreed in writing, and shall continue for an initial period of {{initial_service_period}} (e.g., 12 months), renewable annually unless terminated by either party in accordance with the terms of this Agreement.

3. Fees and Payment

**3.1. Development Fees:** The Client shall pay the Service Provider a total fee of {{development_fee_currency}} {{development_fee_amount}} for the website development services, payable as follows:

- {{percentage_upfront}}% upfront upon signing of this Agreement ({{upfront_payment_currency}} {{upfront_payment_amount}}).

- {{percentage_milestone_1}}% upon completion of {{milestone_1_description}} ({{milestone_1_payment_currency}} {{milestone_1_payment_amount}}).

- {{percentage_milestone_2}}% upon final delivery and acceptance of the website ({{milestone_2_payment_currency}} {{milestone_2_payment_amount}}).

**3.2. Service and Maintenance Fees:** The Client shall pay the Service Provider a recurring fee of {{service_fee_currency}} {{service_fee_amount}} per {{service_billing_frequency}} for ongoing services, payable in advance on the {{service_payment_due_day}} of each {{service_payment_period_unit}}.

**3.3. Invoicing:** All invoices will be submitted electronically to {{client_billing_email}} and are due within {{payment_terms_days}} days of the invoice date. Late payments may incur interest at a rate of {{late_payment_interest_rate_percentage}}% per annum, compounded monthly.

4. Client Responsibilities

The Client agrees to provide all necessary content (text, images, logos, etc.) in a timely manner as requested by the Service Provider. Delays in providing content may affect the project timeline.

The Client shall review and approve deliverables within {{review_period_days}} business days of submission. Failure to provide feedback within this timeframe may result in the acceptance of the deliverable.

5. Intellectual Property

Upon full payment of all fees due under this Agreement, the Client shall own all intellectual property rights in the final website design, code, and content specifically developed for the Client under this Agreement.

The Service Provider retains intellectual property rights to any pre-existing tools, code, or methodologies used in the development process unless otherwise agreed upon in writing.

6. Confidentiality

Both parties agree to treat all information shared during the course of this Agreement as confidential and will not disclose it to any third party without prior written consent, except where required by law.

7. Limitation of Liability

Neither party shall be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business interruption, arising out of or in connection with this Agreement, even if advised of the possibility of such damages.

The Service Provider's total liability under this Agreement shall not exceed the total fees paid by the Client to the Service Provider for the services forming the basis of the claim.

8. Termination

This Agreement may be terminated by either party with {{termination_notice_days}} days' written notice if the other party breaches any material term of this Agreement and fails to remedy such breach within {{cure_period_days}} days of receiving written notice of the breach.

In the event of termination, the Client shall pay the Service Provider for all work completed up to the date of termination.

9. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of {{governing_law_country}}.

Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Arbitration Foundation of Southern Africa (AFSA) in accordance with its rules, which Rules are deemed to be incorporated by reference into this clause. The seat of the arbitration shall be {{arbitration_city}}, {{arbitration_country}}.

10. Entire Agreement

This Agreement, including all attached Schedules, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.

Signature Block

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date first written above.

**FOR THE CLIENT:**

_______________________________

By: {{client_signatory_name}}

Title: {{client_signatory_title}}

Date: {{client_signature_date}}

**FOR THE SERVICE PROVIDER:**

_______________________________

By: {{service_provider_signatory_name}}

Title: {{service_provider_signatory_title}}

Date: {{service_provider_signature_date}}