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 GTT Data Technologies, www.gttdatatechnologies.com Contact Info: ________________ (hereinafter referred to as the “Contractor”), and ___________, Address ___________ (herein referred to as the “Client”).
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 Client is hiring the services of the Contractor for the sole purpose of creating 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’s obligation under this Agreement shall include;
- Additionally, the Client can opt for the hosting package which includes hosting, domain name, SSL certificate, bug fixes, security updates and unlimited bandwidth.
- The Client is aware that data migration is not included, the Contractor shall offer data created for testing purposes which shall be removed upon the site going live. If the Client wishes for the Contractor to migrate the Client’s data from an existing database/spreadsheet/manual entry, this shall be billed at Twenty Dollars ($20) per hour for any data processing work.
- The Client shall pay the Contractor _________ Dollars for the services covered herein, 50% shall be paid on the Effective Date, 25% paid at the 1st review and 25% paid at the final review.
- The hosting package is optional, billed at Fifty Dollars ($50) per month billed in 3 months increments. Database size on the hosting plan is 1GB, additional storage shall be billed at Ten Dollars ($10) per month for each additional1GB storage needed in 3 months increments.
- Optional SEO packages billed at Twenty Five Dollars ($25) per month billed in 3 months increments and includes a monthly SEO audit. Note: the Client acknowledges that this service does not guarantee a specific website ranking/rating.
- Optional update package billed at Twenty Five Dollars ($25) per month, includes 2 hours of updates every month, that the Client can us
The Client shall be allowed _____ revisions, any other additional revisions shall be billed at Forty Dollars (40$) per hour.
- 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 the code, all copyright/intellectual proprietary rights 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.
- 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.
- WAIVER AND ASSIGNMENT.
- 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.
- No Party shall assign its rights or obligations under this Agreement without prior Notice or consent by the other Party.
- FORCE MAJEURE.
The failure on the part of the Contractor to perform their obligation under this Agreement will not be considered as default if such failure is the result of natural calamities, acts or God, Covid-19, extreme adverse disasters and circumstances beyond the control of the parties. However, it is the responsibility of the Contractor to promptly notify the Client of such delays and inconveniences that may interfere with the execution of this Agreement.
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.
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.
- GOVERNING LAW AND JURISDICTION.
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].
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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