WEBSITE DEVELOPMENT AGREEMENT

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Samples legal papers
March 13, 2023

WEBSITE DEVELOPMENT AGREEMENT

This WEBSITE DEVELOPMENT AGREEMENT (hereafter, ‘‘this agreement’’) effective as of ___________ (“Effective Date”), is made and entered into by and between KARCH STUDIO with a business address of [ADDRESS] (hereafter ‘‘the Service Provider’’) and [NAME] of address [ADDRESS] (hereafter, ‘‘the Client’’).

The Service Provider and the Client shall be jointly referred to as “Parties” and individually as “A Party” to this contract.

BACKGROUND

Whereas, Karch Studio (Service Provider) is a company that provides website development services;

Whereas, the parties to this Agreement (‘‘the parties’’) wish to set forth the terms and conditions upon which such service will be executed by the Service Provider;

Now, therefore, in consideration of the foregoing premises, and of the mutual promises and covenants herein contained, the parties, intending to be legally bound do hereby agree as follows:

  1. SERVICE PROVIDER OBLIGATIONS (Karch Studio)

The Service Provider hereby has been appointed by the Client to render the agreed service. The Service Provider shall commence performance of the Services on the date first signed above, and shall continue until completion of the Services unless this Agreement is sooner terminated by the terms as set forth herein.

Karch Studio provides three plans for client to choose from. These plans vary in description and pricing. They include:

  1. VIP
  2. Hosting
  3. Domain
  4. SSL
  5. Three Revisions
  6. Up To Three Pages
  7. SVIP
  8. Hosting
  9. Domain
  10. SSL
  11. Reports and Analytics
  12. On-page SEO
  13. Daily site backups
  14. Security Enhancements
  15. Unlimited Revisions
  16. Up To Nine Pages
  17. E-Commerce
  18. Hosting
  19. Domain
  20. SSL
  21. Reports and Analytics
  22. On-page SEO
  23. Daily site backups
  24. Security Enhancements
  25. Unlimited Revisions
  26. Accept Payments in 135+ currencies
  27. Unlimited Products
  28. Sell Subscriptions
  29. Stock Management
  30. Coupon Code
  31. Customer Accounts
  32. CLIENT OBLIGATIONS

In consideration for the services to be performed by the Service Provider, the Client agrees to pay the Service Provider under the terms of this Agreement.

Client is obligated to keep all confidential information in confidence. Breach of the confidentiality clause herein (Clause 4 of the agreement) shall lead to a penalty of not less than RM 5,000 for breach of contract.

  • PAYMENT TERMS
    • Price for VIP is RM499

Price for SVIP is RM599

Price for SVIP is RM899

  • There will be an annual renewal fee of RM299 which is to pay the minimum cost of running the website such as hosting and domain. This fee shall be waived on the first year of this contract.
    • This payment will be automatically charged on your bank account or credit/debit card each year, and you hereby grant the service provider the permission to do so unless you decide to cancel the plan.
  • Cancellation and Refund Policy

The Company does not offer refunds once it registers the hosting and domain for the client.

Client is free to cancel the plan. Upon canceling the plan, the annual renewal fee will not apply for the subsequent years.  

In the event of cancelation, any data on Client’s website will be deleted including the backups.

  • CONFIDENTIALITY
    • Confidential Information.

For purposes of this Contract, “Confidential Information” shall mean information or material proprietary to a Party or designated as confidential by such Party (the “Disclosing Party”), as well as information about which a Party (the “Receiving Party”) obtains knowledge or access, through or as a result of this Contract (including information conceived, originated, discovered or developed in whole or in part by the contractor hereunder). Confidential Information does not include:

  1. Information that is or becomes publicly known without restriction and without breach of this Contract or that is generally employed by the trade at or after the time the Receiving Party first learns of such information;
  2. Generic information or knowledge which the Receiving Party would have learned in the course of similar employment or work elsewhere in the trade;
  3. Information the Receiving Party lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation;
  4. information the Receiving Party rightfully knew prior to receiving such information from the Disclosing Party to the extent such knowledge was not subject to restrictions on further disclosure; or
  5. Information the Receiving Party develops independent of any information originating from the Disclosing Party.
    1. Non-Disclosure. The Parties hereby agree that during the term hereof and at all times thereafter, and except as specifically permitted herein or in a separate writing signed by the Disclosing Party, the Receiving Party shall not use, commercialize or disclose Confidential Information to any person or entity. Upon termination, or at any time upon the request of the Disclosing Party, the Receiving Party shall return to the Disclosing Party all Confidential Information, including all notes, data, reference materials, sketches, drawings, memorandums, documentations and records which in any way incorporate Confidential Information.
  6. TERMINATION
    1. Either Party to this Agreement may terminate this Agreement upon a written notice of termination to the other Party. Unless otherwise mutually agreed to in writing, upon the termination of this Agreement, any arrangement for Services then in effect will immediately terminate.
    1. The Service Provider can terminate this agreement in the event the Client fails to pay for services or breaches any term of this agreement. Additionally, Service Provider may pursue any other legal remedy available to the Service Provider for such breach.
  7. RELATIONSHIP OF THE PARTIES

Nothing contained in this Contract will be construed to create an employer and employee relationship between the Service Provider and the Client. Service Provider and Client agree that the Service Provider is, and at all times during this Contract shall remain, an independent contractor.

  • DISPUTES

Except as otherwise specifically agreed in writing by the Provider and the Client, any dispute relating to any rights and/ or obligations arising from this Agreement which is not resolved by the parties shall be adjudicated by any court of competent jurisdiction.

  • ENTIRETY

This contract represents the entire agreement between the two parties and supersedes any previous written or oral agreement. This agreement may be modified at any time, provided there is written consent of both the Provider and the Client.

  1. SEVERABILITY

The parties agree that if any portion of this contract is found to be void or unenforceable, it shall be struck from the record and the remaining provisions will retain their full force and effect.

  1. JURISDICTION

This contract shall be governed, interpreted, and construed in accordance with the laws of ____________________, as it is the location where the Service Provider is based.

In Witness Whereof, this Agreement is duly executed by the duly authorized representatives of the parties as set forth below:

SERVICE PROVIDER

Name: ____________________

Representative: ___________________________

Title: ___________________________________

Signature: _________________________________

Date: ____________________________________

CLIENT

Name: _____________________

Signature: __________________________________

Date: __________________________________

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