This website design, hosting and commercial services agreement template has 20 pages and is a MS Word file type listed under our software & technology documents.
Sample of our website design, hosting and commercial services agreement template:
WEB SITE DESIGN, HOSTING AND COMMERCIAL SERVICES AGREEMENT This Web Site Design, Hosting and Commercial Services Agreement (the "Agreement") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Company"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SERVICE PROVIDER] (the "Service Provider"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] For good and valuable consideration, the receipt and legal sufficiency of which are hereby expressly acknowledged, the parties hereto agree as follows: WHEREAS, Service Provider designs web sites for use on the Internet's World Wide Web, provides web site hosting services and provides on-line interactive ordering and payment services; WHEREAS, Client desires Service Provider to design a web site for Client, to provide web site hosting services to Client and to provide on-line ordering and payment information forwarding services; WHEREAS, Service Provider desires to retain all rights, title and interest in and to all software, documentation, derivative works and other intellectual property developed, designed, created or contributed by Service Provider pursuant to this Agreement, excluding Client's domain name, and excluding the graphics and data supplied by Client; and WHEREAS, Client shall pay Service Provider an hourly fee for helping to conceptualize Client's web site, a fixed fee for developing Client's web site, a monthly fee for hosting Client's web site and a royalty for Service Provider's Forwarding Of Client's Customer Order And Payment Information; NOW THEREFORE, the parties agree as follows: DEFINITIONS "Alpha Version" means the first test system of Client's Web Site, which is tested on a computer that is not connected to the Internet. "Agreement" means this written agreement Between Service Provider and Client. "Beta Version" means the second test system of Client's Web Site, which is tested through the Internet by Client. "Bug" means an error in a Web Site that causes repeated and repeatable malfunctions. "[CODE E.G. JAVA, .NET, ETC]" means the standard method of writing computer code to enable an interactive computer program on one Internet server to communicate with users located at remote Internet servers. Commercial Service Provider" or "Service Provider" means a Web Host, as defined below, that also processes orders and payments by Internet users on behalf of third-party Web Site owners. "Cookie" means a file stored on the user's computer into which data which is transparently transmitted by a Web Site regarding a variety of information. "Derivative Work" means any modifications made to any computer source code, object code, [PROGRAMMING CODE] code or HTML code. "Domain Name" or "Name" is the alphanumeric name associated with Client's web site, web pages or electronic mail. "Electronic Mail" or "E-Mail" means any communication transmitted via the Internet which is stored in the recipient's e-mail box. "Hour" means one hour spent by one developer. "HTML Code" means hypertext mark-up language, which is the language commonly used for developing the appearance of Web Sites. "Intellectual Property Rights" means: Rights in any patent, copyright, trademark, trade dress, and trade name; Related registrations and applications for registration; and Trade secrets, moral rights and goodwill. "Internet" means the global computer network comprising interconnected networks using standard Protocols. "Internet Service Provider" or "ISP" means an entity that enables the uploading and downloading of data between remote computers and the Internet. "Kilobytes per second" or "Kbps" means [NUMBER] bytes of data transmitted in one second. "Project Manager" means one of Client's employees who shall be deemed as Client's liaison with Service Provider, and who shall have the power to act as Client's project manager in order to make ongoing decisions under this Agreement which are binding upon Client. "Protocols" means a set of rules that regulate the way data is transmitted between computers. "Robot" or "Spider" means an automated device used by a searching service to gather pieces of information about Web Sites. "Web Page" means each individual screen display contained in Client's Web Site. "Web Site" means all Web Pages and domain names associated with Client and its products or services, and which are stored on Service Provider's Internet server computer. "Web Site Hosting Service Provider" or "Web Host" means an entity that stores third-party Web Sites on its Internet server computer, receives or stores commands or data transmitted by Internet users, transmits Web Page data to users' Internet addresses, and performs related maintenance. "World Wide Web", or "WWW", is a subset of the Internet, and is a common system for browsing Internet Web Sites. WEB SITE DEVELOPMENT 2.1 Design Preliminary Specification Sheet. The parties recognize that Client has previously provided to Service Provider a specification sheet which graphically and textually illustrates all Web Pages that Client wishes to incorporate into its Web Site - including images and graphics -, the functionality Client desires between multiple Web Pages, and the functionality Client desires between each Web Page and users. A true and correct copy of the specification sheet is attached hereto as "Attachment [SPECIFY]". Modified Specification Sheets. Service Provider shall prepare a First Modified Specification Sheet by reviewing Client's Preliminary Specification Sheet, consulting with Client in order to make suggested changes and improvements, and drafting a First Modified Specification Sheet. Client shall inspect Service Provider's First Modified Specification Sheet, and shall approve it, reject it or make additional changes. [Where time is of the essence, the following sentence should be added: The parties expressly recognize that time is of the essence, and expressly agree that each successive Modified Specification Sheet shall be drafted by each party and delivered to the other party within no more than [NUMBER] business days. Client and/or Service Provider may make additional subsequent changes, and each resulting Modified Specification Sheet shall be sequentially numbered, and shall not become a Final Specification Sheet in the absence of the parties' mutual written assent. Service Provider shall assist Client with the preparation of Modified Specification Sheets, and Client shall compensate Service Provider at the rate of [choose from the range of: [AMOUNT] to [AMOUNT] per Hour for Service Provider's preparation of Modified Specification Sheets]. Final Specification Sheet. When the parties have inscribed any Modified Specification Sheet with the term "Final Specification Sheet", and the parties have signed it, then Service Provider shall undertake to develop the desired Web Site according to the specifications contained therein. Client hereby expressly represents that by signing the Final Specification Sheet, the specifications contained therein shall be deemed complete and accurate. 2.2 Coding Method. Service Provider shall create the code underlying Client's Web Site in accordance with the Final Specification Sheet, Protocols and [PROGRAMMING CODE]. Project Management. The parties recognize that Client's participation in all phases of the development of the Web Site is essential. As such, Project Manager shall, in best faith, work with Service Provider to complete the project on schedule. Pre- Final Version Modifications Modification Method. During the coding and testing process, Service Provider or Client may propose modifications to Client's Web Site in writing
