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Website Design, Hosting and Commercial Services Agreement

This template is a comprehensive agreement for the provision of website design, hosting, and commercial services, suitable for businesses tendering for such services.

Updated 15d ago
website designhostingcommercial servicesagreementSMEtendercontract

Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

Agreement for Website Design, Hosting and Commercial Services

This Agreement is made and entered into on this {{date}} day of {{month}}, {{year}} (the “Effective Date”), by and between:

{{client_company_name}}, a company duly incorporated and existing under the laws of [Country], with its registered office at {{client_company_address}} (hereinafter referred to as the “Client”);

AND

{{service_provider_company_name}}, a company duly incorporated and existing under the laws of [Country], with its registered office at {{service_provider_company_address}} (hereinafter referred to as the “Service Provider”).

Collectively referred to as the “Parties” and individually as a “Party”.

1. Scope of Services

1.1 The Service Provider agrees to provide the following services to the Client (hereinafter referred to as the “Services”):

a) Website Design and Development: Creation of a new website as per the specifications outlined in Schedule A (Design Specifications).

b) Website Hosting: Provision of hosting services for the website, including server space, bandwidth, and maintenance, as detailed in Schedule B (Hosting Specifications).

c) Commercial Services: Integration of e-commerce functionalities, payment gateway integration, and other commercial features as detailed in Schedule C (Commercial Service Specifications).

1.2 Any additional services requested by the Client outside the scope defined in Schedules A, B, and C will be subject to a separate written agreement and additional charges.

2. Fees and Payment

2.1 The Client agrees to pay the Service Provider a total fee of {{total_fee_currency}} {{total_fee_amount}} for the Services, payable as follows:

a) An initial deposit of {{deposit_currency}} {{deposit_amount}} upon signing of this Agreement.

b) A progress payment of {{progress_payment_currency}} {{progress_payment_amount}} upon completion of the website design phase.

c) The remaining balance of {{balance_currency}} {{balance_amount}} upon successful launch of the website and completion of all agreed services.

2.2 All fees are exclusive of Value Added Tax (VAT) or any other applicable taxes, which shall be borne by the Client.

2.3 Invoices shall be payable within {{payment_terms_days}} days of receipt.

3. Client Responsibilities

3.1 The Client shall provide all necessary content, including text, images, logos, and other materials, in a timely manner as required by the Service Provider for the completion of the Services.

3.2 The Client shall review and approve deliverables within {{review_days}} days of submission by the Service Provider.

3.3 The Client shall provide timely feedback and approvals to avoid delays in the project timeline.

4. Intellectual Property

4.1 Upon full payment of all fees due, the intellectual property rights in the website design and developed code (excluding third-party licensed components) shall be transferred to the Client.

4.2 The Service Provider retains the right to display the completed website in its portfolio for promotional purposes.

4.3 The Client warrants that all materials provided to the Service Provider do not infringe upon the intellectual property rights of any third party.

5. Confidentiality

5.1 Both Parties agree to keep confidential all non-public information exchanged during the course of this Agreement.

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

6. Warranties and Disclaimers

6.1 The Service Provider warrants that the Services will be performed in a professional manner in accordance with industry standards.

6.2 The Service Provider does not warrant that the website will be error-free or uninterrupted, but will make reasonable efforts to correct any defects brought to its attention during the warranty period of {{warranty_period_days}} days post-launch.

6.3 The Service Provider shall not be liable for any indirect, incidental, or consequential damages arising out of or in connection with this Agreement.

7. Termination

7.1 Either Party may terminate this Agreement by giving {{notice_period_days}} days’ written notice to the other Party in the event of a material breach of this Agreement.

7.2 Upon termination, the Client shall pay the Service Provider for all services rendered up to the date of termination.

8. Governing Law and Dispute Resolution

8.1 This Agreement shall be governed by and construed in accordance with the laws of [Country].

8.2 Any dispute arising out of or in connection with this Agreement shall first be resolved through mediation. If mediation fails, the dispute shall be submitted to binding arbitration in [City, Country] in accordance with the rules of the [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.

Signatures

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

For and on behalf of {{client_company_name}}:

_____________________________

Name: {{client_signatory_name}}

Title: {{client_signatory_title}}

Date: {{client_signature_date}}

For and on behalf of {{service_provider_company_name}}:

_____________________________

Name: {{service_provider_signatory_name}}

Title: {{service_provider_signatory_title}}

Date: {{service_provider_signature_date}}

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