WEBSITE DEVELOPMENT AGREEMENT.
This Website Development Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “Effective Date”), between _________ Address ____________ (hereinafter referred to as the “Client”), and ___________, Address ___________ (herein referred to as the “Contractor”).
NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:
The initial term of this Agreement shall be for a period _____ [Days/Weeks/Months], commencing on the Effective Date herein.
- The Contractor shall create a website for the Client, according to the Client’s description, specifications and preferences. The Client shall provide the Contractor with the necessary information to be included on the website.
- The Contractor shall provide the Client website administration or maintenance jobs on the website every 4 months, which shall include updates of the systems and its components, keeping programming environment up to date, updating plug-ins, maintaining all components in working order.
- The Client shall pay the Contractor Forty Dollars ($40) per Hour for the services covered under this Agreement.
- The Client shall pay the Contractor an additional Thirty Dollars ($30) for every maintenance provided, and Seven Dollars and Ninety Nine Cents ($7.99) per month for secure hosting services.
Parties agree that either Party can terminate/cancel this Agreement at any given time, provided that the intending Party provides the other Party a Written Notice on the termination. The Client agrees to pay the Contractor any/all payments due before the termination/cancellation is effected.
- The Contractor shall own all legal rights to the website during the phase of the project. The Contractor shall own all the copyrights of the project until the Client has fully paid the amount stated herein. The Contractor shall keep the password to the logins until full payment has been made.
- The Client shall then own all copyright to the website and the content posted on the website. The Client shall be solely responsible for all/any legal issues including but not limited to copyright infringement claims arising from the use of the website. The Client agrees to indemnify the Contractor against such claims.
- The Contractor shall not be held responsible for any liability arising from the use of the website, or be held liable for any claims thereof.
- The Contractor represents and warrants that (i) the Contractor is the owner of the entire right, title and interest in and to any works covered therein; (ii) the Contractor has the sole right and authority to enter into the Agreement and grant the rights hereunder; (iii) the Contractor has not previously granted any rights or licenses in or to the works covered herein; (iv) unless approved by the Client in writing, the Contractor shall not incorporate any intellectual property belonging to the Contractor or third parties into any works covered herein; (v) the Contractor is in compliance with all federal, state, county, and municipal laws, regulations and ordinances applicable to the Contractor and shall perform the services covered herein without violation of the foregoing; and (vi) the Contractor is qualified to perform the services covered herein.
The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
- INDEPENDENT CONTRACTOR.
- The Contractor shall be retained as an independent contractor. The Contractor shall be fully responsible for payment of their own income taxes on all compensation earned under this Agreement. The Client shall not withhold or pay any income tax, social security tax, or any other payroll taxes on the Contractor’s behalf during the term of this Agreement.
- The Contractor/Contractor’s employees understands that they shall not be entitled to any fringe benefits that the Client provides for their employees generally or to any statutory employment benefits, including without limitation worker’s compensation or unemployment insurance.
- GENERAL PROVISION, GOVERNING LAW AND JURISDICTION.
- This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
- This Agreement shall be governed by and construed in accordance with the laws of the ____________ [State/Country]. Exclusive jurisdiction and venue shall be in _____________ [State/Country].
- Attorneys’ Fees. If one party commences any action or proceeding against the other to enforce the terms of this Agreement, the prevailing Party will be entitled to an award against the other Party for all reasonable attorneys’ fees, costs and expenses incurred by the prevailing Party in connection with the action or proceeding and in connection with the enforcement of any judgment or order the prevailing party obtains.
- This Agreement shall be binding upon and inure to the benefit of the Contractor and the Client and their respective successors and assigns, provided that the Contractor may not assign any of their obligations under this Agreement without the Client’s prior written consent.
- Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.
CONTRACTOR: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
CLIENT: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
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