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Web Site Development and Service Agreement

This template is a comprehensive agreement between a client and a web development service provider, outlining the terms and conditions for the development, maintenance, and hosting of a website. It is to be used when contracting for web development services.

Updated 17d ago
web developmentservice agreementwebsitecontractSMESouthern Africadigital services

{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}} | Web: {{website}}

Web Site Development and Service Agreement

Web Site Development and Service Agreement

{{company_name}} {{company_address}} Phone: {{phone}} Email: {{email}} Website: {{website}}

WEB SITE DEVELOPMENT AND SERVICE AGREEMENT

This Web Site Development and Service Agreement (hereinafter referred to as the 'Agreement') is made and entered into on this {{day}} day of {{month}}, {{year}}, by and between:

{{client_company_name}}, a company duly registered under the laws of {{client_company_jurisdiction}}, with its principal place of business located at {{client_company_address}} (hereinafter referred to as 'Client'); and

{{developer_company_name}}, a company duly registered under the laws of {{developer_company_jurisdiction}}, with its principal place of business located at {{developer_company_address}} (hereinafter referred to as 'Developer').

Collectively referred to as 'the Parties'.

1. SCOPE OF SERVICES

1.1. The Developer agrees to design, develop, and implement a website for the Client (hereinafter referred to as the 'Website') in accordance with the specifications outlined in Schedule A, attached hereto and incorporated by reference.

1.2. The services shall include, but not be limited to, {{design_services}}, {{development_services}}, {{content_integration}}, and {{testing_services}}.

1.3. Any additional services requested by the Client outside the scope defined in Schedule A shall be subject to a separate written agreement and additional fees.

2. COMPENSATION

2.1. In consideration for the services rendered by the Developer, the Client agrees to pay the Developer a total fee of {{total_fee_amount}} ({{total_fee_currency}}) as per the payment schedule detailed in Schedule B, attached hereto and incorporated by reference.

2.2. A deposit of {{deposit_amount}} ({{deposit_currency}}) shall be paid by the Client upon the signing of this Agreement.

2.3. All invoices shall be paid within {{payment_due_days}} days of receipt. Late payments may incur a penalty of {{late_payment_penalty_percentage}}% per month.

3. INTELLECTUAL PROPERTY

3.1. Upon full and final payment of all fees due under this Agreement, all intellectual property rights, including copyrights, in the final Website design and custom code developed specifically for the Client under this Agreement shall transfer to the Client.

3.2. The Developer retains all intellectual property rights to any pre-existing tools, templates, or proprietary software used in the development of the Website, granting the Client a non-exclusive, perpetual license for their use solely in connection with the Website.

3.3. The Client warrants that all content provided to the Developer for inclusion on the Website does not infringe upon the intellectual property rights of any third party.

4. WARRANTIES AND LIMITATION OF LIABILITY

4.1. The Developer warrants that the Website will function substantially in accordance with the specifications in Schedule A for a period of {{warranty_period}} days following launch.

4.2. The Developer's liability under this Agreement shall be limited to the total fees paid by the Client to the Developer.

4.3. The Developer shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, arising out of or in connection with this Agreement.

5. MAINTENANCE AND HOSTING (Optional)

5.1. Should the Client opt for ongoing maintenance and/or hosting services, these shall be governed by a separate Service Level Agreement (SLA) to be entered into between the Parties.

5.2. Without such an SLA, the Developer is under no obligation to provide ongoing maintenance or hosting for the Website after its successful launch.

6. TERMINATION

6.1. Either Party may terminate this Agreement by providing {{notice_period}} days written notice to the other Party in the event of a material breach of any term or condition of this Agreement by the other Party, which breach remains uncured after {{cure_period}} days of written notice thereof.

6.2. In the event of termination, the Client shall pay for all services rendered up to the date of termination.

7. CONFIDENTIALITY

7.1. Both Parties agree to keep confidential all proprietary and confidential information disclosed by the other Party during the term of this Agreement.

7.2. This obligation of confidentiality shall survive the termination of this Agreement for a period of {{confidentiality_period}} years.

8. GOVERNING LAW AND DISPUTE RESOLUTION

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

8.2. Any dispute arising out of or in connection with this Agreement shall first be resolved through good faith negotiations between the Parties. If unsuccessful, the dispute shall be submitted to mediation in {{mediation_location}}, or failing that, to arbitration in {{arbitration_location}} in accordance with the rules of {{arbitration_body}}.

9. ENTIRE AGREEMENT

This Agreement, including all attached Schedules, constitutes the entire agreement between the Parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first above written.

FOR THE CLIENT:

_____________________________

Name: {{client_signatory_name}}

Title: {{client_signatory_title}}

Date: {{client_signature_date}}

FOR THE DEVELOPER:

_____________________________

Name: {{developer_signatory_name}}

Title: {{developer_signatory_title}}

Date: {{developer_signature_date}}

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