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A family of Web design and development agreementsdocumentsWeb design and development agreements

Under these web design and development agreements, the developer has an obligation to create a website or web application on behalf of the customer, and either assigns or licenses the copyright in that website or web application to the customer. In consideration for the provision of the services and the assignment or licence, the customer must pay the agreed charges to the developer. In addition, the customer may be obligated to provide assistance to the developer and to provide text, images and other materials to the developer for use in the project.

Free web design and development agreement

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Version 1.1
First published 13 Sep 2016
Last updated 28 Sep 2018
Word count 6,646
Template pages 15

Web design and development agreement (basic)

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Version 1.1
First published 13 Sep 2016
Last updated 28 Sep 2018
Word count 6,639
Template pages 15

Web design and development agreement (standard)

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Version 2.1
First published 13 Sep 2016
Last updated 28 Sep 2018
Word count 12,671
Template pages 27

Web design and development agreement (premium)

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Version 2.1
First published 13 Sep 2016
Last updated 28 Sep 2018
Word count 14,871
Template pages 34

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Free web design and development agreement contents

  1. Definitions: definitions.
  2. Credit: docular credit; free documents licensing warning.
  3. Term: commencement of term; end of term.
  4. Development Services: obligation to provide development services; timetable for website development and delivery; delays in development services consequent upon second party delays; website development coding standards; keep second party informed of development services progress; availability of website to second party during development; website and documentation upon early termination.
  5. Customer
    obligations:
    general second party obligations; access to computer systems.
  6. Customer
    Materials:
    supply of second party materials; licence of second party materials; warranties relating to second party materials.
  7. Intellectual Property Rights: assignment of IPR in website and documentation; licence to use website and documentation; mixed assignment and licence of rights (website); licensing of third party materials (website); waiver of moral rights in website and documentation; further assurance (intellectual property).
  8. Developer
    Credit
    :
    inclusion of credit for
    Developer
     on website; retention of website credit for 
    Developer
    .
  9. Charges: obligation to pay charges; time-base charges limitations; amounts inclusive or exclusive of VAT; variation of charges.
  10. Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments; interest on late payments.
  11. Warranties: standard of services; first party general warranties; website warranties; warranty of legality of website and documentation; website and documentation IPR infringement warranty; breach of website infringement warranty; second party warranty of authority; exclusion of implied warranties and representations.
  12. Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of use; no liability for loss of opportunities; no liability for loss of data; no liability for consequential loss; per event liability cap upon services contract; aggregate liability cap upon services contract.
  13. Termination: termination without cause by first party; termination without cause by second party; termination upon breach; termination upon insolvency; termination upon non-payment.
  14. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights; charges on termination of contract.
  15. Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
  16. General: no waiver; severability; variation written and signed; no assignment without written consent; no third party rights; entire agreement; governing law; exclusive jurisdiction.
  17. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

SCHEDULE 1 (WEB DESIGN AND DEVELOPMENT PARTICULARS)

  1. Specification of Website: specification of website prompt.
  2. Rights in Website to be assigned: identification of rights in a website to be assigned.
  3. Customer
    Materials
    :
    prompt for identification of second party materials.
  4. Third Party Materials: prompt for identification of third party materials.
  5. Timetable: timetable prompt.
  6. Financial provisions: financial provisions prompt.

Web design and development agreement (basic) contents

  1. Definitions: definitions.
  2. Term: commencement of term; end of term (website delivery).
  3. Development Services: obligation to provide development services; timetable for website development and delivery; delays in development services consequent upon second party delays; website development coding standards; keep second party informed of development services progress; availability of website to second party during development; website and documentation upon early termination.
  4. Customer
    obligations:
    general second party obligations; access to computer systems.
  5. Customer
    Materials:
    supply of second party materials; licence of second party materials; warranties relating to second party materials.
  6. Intellectual Property Rights: assignment of IPR in website and documentation; licence to use website and documentation; mixed assignment and licence of rights (website); licensing of third party materials (website); waiver of moral rights in website and documentation; further assurance (intellectual property).
  7. Developer
    Credit
    :
    inclusion of credit for
    Developer
     on website; retention of website credit for 
    Developer
    .
  8. Charges: obligation to pay charges; time-base charges limitations; amounts inclusive or exclusive of VAT; variation of charges.
  9. Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments; interest on late payments.
  10. Warranties: standard of services; first party general warranties; website warranties; warranty of legality of website and documentation; website and documentation IPR infringement warranty; breach of website infringement warranty; second party warranty of authority; exclusion of implied warranties and representations.
  11. Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of use; no liability for loss of opportunities; no liability for loss of data; no liability for consequential loss; per event liability cap upon services contract; aggregate liability cap upon services contract.
  12. Termination: termination without cause by first party; termination without cause by second party; termination upon breach; termination upon insolvency; termination upon non-payment.
  13. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights; charges on termination of contract.
  14. Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
  15. General: no waiver; severability; variation written and signed; no assignment without written consent; no third party rights; entire agreement; governing law; exclusive jurisdiction.
  16. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

SCHEDULE 1 (WEB DESIGN AND DEVELOPMENT PARTICULARS)

  1. Specification of Website: specification of website prompt.
  2. Rights in Website to be assigned: identification of rights in a website to be assigned.
  3. Customer
    Materials
    :
    prompt for identification of second party materials.
  4. Third Party Materials: prompt for identification of third party materials.
  5. Timetable: timetable prompt.
  6. Financial provisions: financial provisions prompt.