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IT, web, Internet, software, hardware, media, multimedia, photography, tech, information, technology, computer, business, company, pre-written, legal, contract, agreement, documents, templates, boilerplate, form, outline, text, terms, recitals site, website, development, programming, design usa WEB SITE DEVELOPMENT AGREEMENT THIS AGREEMENT made this CurrentDay day CurrentMonth CurrentYear and between Company Developers and CustCompany Customer Recitals Developers have experience and expertise the development web sites Customer desires have Developers develop web site for them Developers desire develop Customer Web Site the terms and conditions set forth herein the Web Site Agreements consideration the mutual covenants set forth this Agreement Customer and Developers hereby agree follows Development Web Site Developers agree develop the Web Site according the terms listed Exhibit attached hereto Specifications Developers agree develop the Web Site pursuant the specifications set forth Exhibit attached hereto the Specifications Delivery Web Site Developers will use reasonable diligence the development the Web Site and endeavor deliver Customer operational Web Site later than DeliveryDate Customer acknowledges however that this delivery deadline and the other payment milestones listed Exhibit are estimates and are not required delivery dates Developers will retaining the source code for the entire project and providing Customer with the output formats only The output used only within the scope the project outlined Exhibit and does not included the following Multiplying the site across other domains servers creating new web sites based the code selling the code relinquishment copyright Developers any way Customer shall retain all its intellectual property rights any text images other components owns and transmits Developers for use the Web Site Ownership Rights Customer shall retain all its intellectual property rights any text images other components owns and transmits Developers for use the Web Site Customer shall hold the copyright for the agreed upon version the Web Site delivered and Customer copyright notice may displayed the final version Developers shall hold all right title and interest and the source code programming and original artwork created for the project Specifically but without limitation Developer shall hold rights title and interest and all text graphics animation audio components and digital components the Web Site the Content created Developers all interfaces navigational devices menus menu structures arrangements icons help and other operational instructions and all other components any source object computer code that comprises the Web Site created Developers all literal and nonliteral expressions ideas that operate cause create direct manipulate access otherwise affect the content created Developers all copyrights patents trade secrets and other intellectual industrial property rights the Web Site any component characteristic thereof created Developers Customer shall not anything that may infringe upon any way undermine Developers right title and interest the Web Site described this paragraph Compensation For all Developers services under this Agreement Customer shall compensate Developers cash pursuant the terms Exhibit attached hereto the event Customer fails make any the payments referenced Exhibit the deadline set forth Exhibit Developers have the right but are not obligated pursue any all the following remedies terminate the Agreement remove content from servers owned Developers bring legal action Confidentiality Customer and Developers acknowledge and agree that the Specifications and all other documents and information related the development the Web Site the Confidential Information will constitute valuable trade secrets Developers Customer shall keep the Confidential Information confidence and shall not any time during after the term this Agreement without Developers prior written consent disclose otherwise make available anyone either directly indirectly all any part the Confidential Information Excluded from the Confidential Information definition anything that can seen the public the Web Site when each page the Web Site first accessed Limited Warranty and Limitation Damages Developers warrant the Web Site will conform the Specifications the Web Site does not conform the Specifications Developers shall responsible correct the Web Site without unreasonable delay Developers sole expense and without charge Customer bring the Web Site into conformance with the Specifications This warranty shall the exclusive warranty available Customer Customer waives any other warranty express implied Customer acknowledges that Developers not warrant that the Web Site will work all platforms Customer acknowledges that Developers are not responsible for the results obtained Customer the Web Site Customer waives any claim for damages direct indirect and agrees that its sole and exclusive remedy for damages either contract tort the return the consideration paid Developers set forth Exhibit attached hereto Independent Contractor Developers are retained independent contractors Developers will fully responsible for payment their own income taxes all compensation earned under this Agreement Customer will not withhold pay any income tax social security tax any other payroll taxes Developers behalf Developers understand that they will not entitled any fringe benefits that Customer provides for its employees generally any statutory employment benefits including without limitation worker compensation unemployment insurance Equipment Customer agrees make available Developers for Developers use performing the services required this Agreement such items hardware and software Customer and Developers may agree are reasonably necessary for such purpose General Provisions Entire Agreement This Agreement contains the entire agreement between the parties relating the subject matter hereof and supersedes any and all prior agreements understandings written oral between the parties related the subject matter hereof modification this Agreement shall valid unless made writing and signed both the parties hereto Governing Law This Agreement shall governed and construed accordance with the laws the State State Exclusive jurisdiction and venue shall the County County State Superior Court Binding Effect This Agreement shall binding upon and inure the benefit Customer and Developers and their respective successors and assigns provided that Developers may not assign any his obligations under this Agreement without Customer prior written consent Waiver The waiver either party any breach failure enforce any the terms and conditions this Agreement any time shall not any way affect limit waive such party right thereafter enforce and compel strict compliance with every term and condition this Agreement Good Faith Each party represents and warrants the other that such party has acted good faith and agrees continue act the negotiation execution delivery performance and any termination this Agreement Ownership Photographs Developers may use some their own photographs for the Web Site Developers maintain ownership the photographs and only grant Customer non exclusive right use those photographs and only Customer Web Site Right Assign Customer has right assign sell modify otherwise alter the Web Site except upon the express written advance approval Developers which consent can withheld for any reason Right Remove Web Site the event Customer fails make any the payments set forth Exhibit within the time prescribed Exhibit Developers have the right remove the Web Site until payment full paid plus accrued late charges per month Indemnification Customer warrants that everything gives Developers put the Web Site legally owned licensed Customer Customer agrees indemnify and hold Developers harmless from any and all claims brought any third party relating any aspect the Web Site including but without limitation any and all demands liabilities losses costs and claims including attorney fees arising out injury caused Customer products services material supplied Customer copyright infringement and defective products sold via the Web Site Further customer agrees indemnify Developers from responsibility for problems disruptions caused third party services that Customer may use such merchant accounts shopping carts shipping hosting services real time credit card processing and other services that relate the ownership and operation the Web Site multimedia project Use Web Site for Promotional Purposes Customer grants Developers the right use the Web Site for promotional purposes and cross link with other Web Sites developed Developers Responsibility for Theft Developers have responsibility for any third party taking all any part the Web Site Right Make Derivative Works Developers have the exclusive rights making any derivative works the Web Site Attorney Fees the event any party this Agreement employs attorney enforce any the terms the Agreement the prevailing party shall entitled recover its actual attorney fees and costs including expert witness fees Identification Developers Customer agrees that Developers identification may annotated within the code the Web Site the authors Customer also agrees put Developers copyright notices the Web Site and the relevant content therein Responsibility for Loss Developers are not responsible for any down time lost files improper links any other loss that may occur the operation the Web Site Transfer Rights the event Developers are unable continue maintenance the Web Site non exclusive rights the Web Site will granted Customer Domain Name Any domain name registered Customer behalf will made Customer name for both the billing and administrative contacts The technical contact generally required the hosting ISP Developer will not register domain names Developers name Each party represents and warrants that the date first written above they are authorized enter into this Agreement entirety and duly bind their respective principals their signature below EXECUTED the date first written above CustCompany signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Company signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Customer Initials Developer Initials
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Web Development Contract (Developer Centered)
