- This Agreement is between the Contractor and the Client for the specific project of designing and implementing a website.
- The Contractor will prepare a project plan based on requirements provided by the Client, including cost estimates and an estimated timeline. The project may be quoted on a fixed price or hourly basis.
- The Contractor will provide progress reports to the Client and the Client will review and approve progress on a periodic basis.
- The Client is required to provide an advance design payment before work begins.
- The Client is responsible for submitting content and approvals in a timely manner, and the Contractor will not be held responsible for any errors in Client-submitted content. Excessive revisions and alterations after pages are approved will be billed at the standard hourly rate.
- After the website is published, the Contractor will provide a certain number of days of minor updates and changes. Major changes and updates will be billed as new work at the applicable hourly rate.
- The Client can request website maintenance, which includes monitoring, revising, editing, or otherwise changing existing web pages to keep the website up to date. The periodic addition of new web pages is also part of maintenance services, except during the first specified number of months. Changes to shopping cart pages and search engine optimization services are not included.
- The Contractor can provide content services and search engine optimization services on request, with rates quoted on a case-by-case basis.
- The Client is responsible for obtaining any necessary licenses or permissions for content used on the website.
- The Contractor will provide hosting services for the website for a specified period of time.
- The Client is responsible for backing up their own content and data.
- This Agreement will remain in effect until terminated by either party with a specified amount of advance notice. Upon termination, the Client will be responsible for paying any outstanding invoices and the Contractor will transfer ownership of the website to the Client.
- Non-disclosure clause to protect the Client's confidential information.
FAQ
Q: What is an agreement for web design maintenance services? A: An agreement for web design maintenance services is a contract between a client and a web design company that outlines the scope of work, payment terms, and responsibilities of each party. This agreement sets the expectations for the web design and maintenance services to be provided by the web design company to the client.
Q: What does a typical agreement for web design maintenance services include? A: A typical agreement for web design maintenance services includes the scope of work, payment terms, project timeline, access to the client's web host server account, client's responsibilities for submitting content, website updates and maintenance, content and search engine optimization services, domain name transfer, copyright and trademark information, backup of data, confidentiality, and payment terms.
Q: What is the purpose of a web design maintenance agreement? A: The purpose of a web design maintenance agreement is to ensure that both the client and the web design company have a clear understanding of the services to be provided, the responsibilities of each party, and the payment terms. This agreement helps to avoid misunderstandings and disputes and sets the expectations for the web design and maintenance services.
Q: Can the agreement for web design maintenance services be modified? A: Yes, the agreement for web design maintenance services can be modified if both parties agree to the changes. It is important to make sure that any changes are documented and signed by both parties.
Q: What happens if the client is not satisfied with the web design and maintenance services provided by the web design company? A: If the client is not satisfied with the web design and maintenance services provided by the web design company, the client may discontinue using the service. The client may also request to make changes to the agreement if they believe that the web design company is not meeting the expectations set in the agreement.
Q: Can the web design company make changes to the website without the client's approval? A: No, the web design company cannot make changes to the website without the client's approval. The client must approve any changes or updates made to the website by the web design company.
Q: Who is responsible for paying for the content and search engine optimization services? A: The client is responsible for paying for the content and search engine optimization services. These services are usually offered at an additional fee and are not included in the basic web design and maintenance services.
Q: Who owns the copyright to the finished website? A: The client is assigned the rights to use the finished website, but the graphics and design elements remain the property of the web design company. The client owns the copyright to the client-supplied text and images.
Q: Who is responsible for maintaining the website after it has been published? A: The web design company is responsible for providing minor updates and changes for a specified period of time after the website has been published. The client can choose to have a website maintenance plan or pay for the updates and changes on an hourly basis.
Q: What happens if the client discontinues the web design and maintenance services? A: If the client discontinues the web design and maintenance services, the client is responsible for paying any amounts owed to the web design company. The web design company may remove the client's web pages from viewing on the internet if payment is not made.
Q: What is the standard hourly rate for web design and maintenance services? A: The standard hourly rate for web design and maintenance services varies depending on the web design company. The agreement should clearly state the hourly rate for HTML, PHP, JavaScript, and Macromedia (Adobe) Flash work.
Q: Are there any warranties for the web design and maintenance services provided by the web design company? A: The web design company provides the services on an "as is" and "as available" basis without warranties of any kind, either express or implied. The web design company makes no warranties or representations of any kind for the services offered.
Q: What is the process for transferring the ownership of the domain name? A: The process for transferring the ownership of the domain name is outlined in the agreement. At the client's request, the web design company will make reasonable efforts to transfer ownership and registration information of the domain name. There may be a fee for changing the owner of record
Agreement for Web Design Maintenance Services
This Agreement is made effective as of _____________, by and between (the “Contractor”), and _________________ ( the “Client”).
1. Engagement. Client hereby engages Contractor for the specific project of designing and implementing a website for installation to Client’s web host server account. Client agrees to authorize Contractor access to this account and will supply usernames and passwords as needed.
2. Work Scope. Contractor will prepare a project plan (the Plan) on or before based on requirements provided by the Client. The Plan will contain cost estimates or budget limitations and an estimated timeline. The project may be quoted on a fixed price basis or an hourly basis. The Client must approve the Plan before work will begin. The standard hourly rate for HTML, PHP and JavaScript work is $______ per hour and the rate for Macromedia (Adobe) Flash is $_______ per hour.
3. Progress Reports. Contractor shall contact or meet with the Client on a mutually acceptable schedule to report all tasks completed, problems encountered, and recommended changes relating to the development and testing of the site. Client will review and approve progress on a periodic basis.
4. Retainer. New accounts are required to provide an advance design payment of $ __________ or ________ percent of the construction budget, whichever is greater, before work begins. This payment amount will be credited to the initial design invoice.
5. Submitted Content. Client will make every effort to submit content and approvals in a timely manner. Contractor will not be held responsible if target launch date cannot be met due to late submission of materials by Client. Contractor will not be held responsible if Client-submitted content contains errors. Excessive revisions and alterations after pages are approved will be billed at the standard hourly rate of Contractor at the time of the service.
6. Site Changes and Updates. After website is published, Contractor will provide _______ days of minor updates and changes. These changes include simple text editing, such as spelling corrections, and similar items that do not require reformatting or re-editing of the site layout design. Not included are creating new graphics, redesign of navigation, layout or style, replacing all text on a page, etc. Major changes and updates will be billed as new work at the applicable hourly rate of Contractor at the time the service is performed.
7. Maintenance vs. Hourly Rate. Any and all changes to a website requested by the Client will be invoiced monthly at the standard hourly rate. Alternately, a website maintenance plan is available. Website Maintenance includes monitoring, revising, editing, or otherwise changing existing web pages to keep your website up to date. The periodic addition of new web pages is also part of maintenance services except during the first _____ months of maintenance. Changes to shopping cart pages are not included. Search engine optimization (SEO) services are sold separately and are not included in monthly maintenance. Maintenance may include up to hours work each month. Excessive work will be charged at the standard hourly rate.
8. Content Services. Contractor can provide content services including digital photography and video. Rates depend on application and will be quoted on request.
9. Search Engine Optimization Services (SEO). Contractor will provide search engine optimization services on request. This work is done in accordance with industry best practices and experience. However, Contractor makes no warranties or representations of any kind regarding search engine results or position. Rates depend on application and will be quoted on request.
10. Search Engine Submittal. Website designs are typically designed to optimize search engine performance and new websites registered with key search engine companies. However, Contractor makes no warranties or representations of any kind regarding search engine results or position.
11. Campaign Management. Monitoring and management of paid search engine campaigns such as Google, Bing and Yahoo are available for an extra fee and quoted on request. These services are not included in Maintenance.
12. Third Party Contractors. Contractor reserves the right to contract third party consultants and/or subcontractors if needed.
13. Copyrights and Trademarks. Client represents to Contractor and unconditionally guarantees that any elements of text, media, photos, or other artwork furnished to Contractor for inclusion in the website are either owned by Client, or that Client has license or permission from the rightful owner to use each of these elements. Client will hold harmless, protect, and defend Contractor and its subcontractors from any claim or suit arising from the use of such elements furnished by Client. Contractor will endeavor to utilize only original or properly licensed content. Content whose source cannot be documented or is otherwise determined to be unlicensed will be removed.
14. Domain Names. At Client’s request, Contractor will make reasonable efforts to transfer ownership and/or registration information of any domain names which were registered on behalf of Client. There will be a $ _________ fee to change the owner of record.
15. Copyright to Web Pages. Site design and graphical elements created by Contractor are owned by Contractor and copyright is not transferred to Client. Upon final payment for design services, the Client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, media, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Copyright to Client supplied text and images are retained by Client and will not be disclosed or reused by Contractor unless permission is granted in writing by Client. Contractor and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. Contractor reserves the right to include a credit line and hyperlink back to its business website on all web pages designed.
16. Monitoring. Contractor has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Contractor reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement. Client may discontinue service at any time by providing _____ day’s written notice to Contractor. Any services which were prepaid may be refunded on a prorated basis by check within _____ days. Any amounts due Contractor at the time service is discontinued must be paid before the domain name will be released. Design service payments and retainers are not refundable.
17. Confidential Information. Contractor acknowledges and agrees that the source materials and technical and marketing plans or other sensitive business information, as specified by the Client, including all materials containing such information, which are supplied by the Client to Contractor or developed by Contractor in the course of developing the site are to be considered confidential information. Information shall not be considered confidential if it is already publicly known through no act of Contractor.
18. Backup of Data. Contractor maintains periodic backups of files and data for accounts which subscribe to Maintenance only. For all other accounts, Client’s use of the service is at Client’s sole risk and Contractor is not responsible for files and data residing on your account. Contractor agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Contractor servers.
19. Website Promotion. Contractor makes no warranties or representations of any kind for the promotion of any website.
20. No Warranties. Contractor makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Contractor or its agents or employees shall create a warranty. Contractor provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Contract or be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from Client’s use of or inability to use the service, or for third parties' use of the service to access Client’s Web space, or to access the Internet or any part thereof, or Client’s or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If Client is dissatisfied with the Contractor service or any of its terms, conditions, rules, policies, guidelines, or practices, Client’s sole and exclusive remedy is to discontinue using the service.
21. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees it is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Contractor and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's exercise of Internet electronic commerce.
22. Payment. In order for Contractor to remain in business, Client’s payments must be made promptly. Contractor reserves the right to remove Client’s web pages from viewing on the Internet until payment is made and account current. Client agrees to pay any collection and attorney fees.
23. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.
24. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
25. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of (Name of State).
26. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.
27. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
28. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.
29. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.
30. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.
31. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.
32. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties.
WITNESS our signatures as of the day and date first above stated.
(Name of Website Designer) (Name of Client)
By: By:
(Printed Name & Office in Corporation) (Printed Name & Office in Corporation)
(Signature of Officer) (Signature of Officer)
