WEB DEVELOPMENT WORK AGREEMENT
PART 1. AGREEMENT
“Company” – EKOH Marketing PTY LTD
“Client” – [Your Business]
This agreement describes the basis on which the “Client” engages the “Company” for Web Design & Development services. The “Company” agrees to perform the following work in the total amount as per the invoice / estimate issued to the “Client”.
The “Company” shall create a fully functional web site consisting of Design & Development work as outlined in the invoice. If the assets provided by “Client” causes the web site to exceed the number of hours where stated, the due date and fee specified shall be adjusted as stated in “Revisions”.
In consultation with the “Client”, the “Company” shall make 2 rounds of minor corrections free of charge, if needed before uploading the final version of the web site. Additional corrections will be billed at $150.00 per hour + applicable taxes.
* Unless otherwise specified, this agreement and the issued invoice / estimate allows for the development of a WordPress based website on a pre-designed theme template. The theme must be agreed to by both parties.
* Unless otherwise specified, this agreement and the issued invoice / estimate does not allow for custom design changes outside of that which is specified in the chosen theme documentation. It also does NOT allow for customisation of “premium animated slider”. Such items will be invoiced and billed separately.
* Unless otherwise specified, ALL content and images are to be provided by the client. Assistance will be provided as to what will ‘be’ required and such content will be used ‘as is’ unless otherwise specified (ie On-Page SEO allows for content to be optimised).
* A DEVELOPMENT SITE will be set up so that the client can see what content is required. ALL CONTENT must be provided BEFORE the commencement of the first draft. There is allowance for up to TWO revisions for alterations and changes before additional charges may be incurred.
* The Website will “go live” (be transferred from demo site to live site, “Client” domain) only AFTER final payment has been made or recurring payments have been set up.
* On completion of the project and full payment all administrator usernames and passwords will be made available to the client if requested.
PART 2. PAYMENT OF FEES
Fees to the “Company” are due and payable on the following schedule: 50% upon receipt of invoice. The Balance is due prior to the website going live unless otherwise agreed in writing, or within 90 days of start of project (the invoice date) at the latest, even if the project is held up due to content sourcing problems on client-side.
Unpaid debts will be pursued through legal channels.
Allowances: There is allowance for up to 20 phone calls, no longer than 10 minutes each and up to 20 email replies between contractor and client before additional charges may be incurred.
Revisions. The “Company” shall be given the first opportunity to make any revisions requested by the Client. If the revisions are not due to any fault on the part of the “Company”, additional revisions shall be performed for $125 per hour + applicable taxes and paid to the “Company”.
Permission from the “Client” is required before revisions are made.
PART 3. GRANT OF RIGHTS
Upon receipt of full payment, the “Client” shall be the owner of the web site but shall have the right to use the web site design for this particular web site only. In addition, the “Client” shall have the right to use assets supplied by the “Company” only for the web site. The php / html files, images files, animations, JAVA scripts, CGI programs, and related assets supplied by the “Company” may not be used by the “Client” apart from their use on the web site.
Where a theme template has been used in the design of the website, ownership rights may vary according to individual theme licenses and both the “Company” and “Client” accept that these rights apply.
PART 4. RESERVATION OF RIGHTS
All rights not expressly granted shall be reserved to the “Company”.
PART 5. RELEASES
The “Client” warrants that it has the right to enter into this Agreement and that the “Client” owns or has obtained appropriate web site usage rights for any assets supplied by the “Client” to the “Company”. The “Client” shall indemnify and hold harmless the “Company” and its subcontractors against any and all claims, lawsuits, costs, and expenses, including reasonable attorney’s fees, arising in connection with the web site. This indemnification shall extend to assets obtained by the “Company” on the “Client’s” behalf if the “Company” has secured either exclusive or nonexclusive world web site usage rights.
PART 6. CLIENT RESPONSIBILITIES AND CONFIDENTIALITY
Any and all assets (text, content, images) that the “Client” is to supply for the web site shall be delivered to the “Company” within the first 7 days of project commencement. The “Client” shall proofread and edit such assets prior to delivery to the “Company”.
The “Company” agrees that any asset supplied by the “Client”, whether for the web site or in relation to the business purposes for its development, shall be treated as confidential and neither disclosed to third parties nor used in any way other than for the development of the web site. At the completion of work, the “Company” shall return to “Client” the assets supplied by “Client”.
The “Company” reserve the right to terminate the agreement in the following circumstances:
- The “Client” does not contact / respond to requests by email or telephone within ten (10) working days
- The “Client” deviates from the signed brief without paying additional fees if required to do so and quoted on additional work required
- The “Client” fails to provide content and any additional information requested by deadlines stated.
In the event of any of the above stated occurrences, the “Company” may terminate the agreement in writing. Should the “Company” proceed with a termination, no refunds will be made and the “Company” will retain the 50% deposit paid. Should the “Client” wish to resume the agreement, a written request must be sent to the “Company” for consideration within ten (10) working days of termination date.
PART 7. INTEGRATION WITH THIRD PARTY SERVICES
The “Client” agrees that should the “Company” undertake any tasks dependent on third party services including but not limited to 3rd party API’s, website services, and libraries, e.g. (Twitter API, Google Maps API, Facebook API) the “Company” cannot be held responsible for changes made to the third party service in question. E.g. (3rd party removes support, or changes the way in which a API, website service, or library is implemented).
Should any further work be required in this situation, the “Company” will be required to quote and charge for the additional work.
PART 8. JURISDICTION & GOVERNING LAW
This agreement is to be governed by the laws of the state of Queensland in the Commonwealth of Australia and the parties hereby submit to the jurisdiction of the courts of Queensland and of the courts hearing appeals from those courts.
PART 9. ENTIRE UNDERSTANDING
This contract in conjunction the issued invoice / estimate constitutes the sole agreement between the Company and the Client regarding and web development project. It becomes effective when the “Client” makes the first 50% deposit towards the overall cost of the project. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and the Company.
With deposit of such funds the “Client” confirms that they have read and understand the terms set forth in this agreement.