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The original US CD-ROM Development Contract has been edited by an attorney in Canada to conform to Canadian law specifically in Quebec. The CD-ROM development contract is for use when creating CD-ROM, DVD or other mass produced presentations. Many web developers are now putting their clients PowerPoint, Web Site, Flash, Director and other Slideshow presentations on marketing CD-ROM's.
Document Length: 7 Pages
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CD-ROM Development Contract (Quebec)
Disclaimers: Proposal Kit, Inc. makes no warranty and accepts no responsibility for suitability of any materials to licensees business. Proposal Kit, Inc. assumes no responsibility or liability for errors or inaccuracies. Licensee accepts all responsibility for results obtained. Information included is not legal advice. Use of any supplied materials constitutes acceptance and understanding of these disclaimers.

Writing the CD-ROM Development Contract (Quebec) document

CD ROM DEVELOPMENT AGREEMENT the Agreement THIS AGREEMENT is made this current day day of current month current year by and between company name Developers and company name Customer Recitals A. Developers have experience and expertise in the development of multimedia digital media graphic design computer programming web sites and CD ROM presentations. B. Multimedia created by Developers includes. CD ROMs web sites computer programming flash animations graphics and other multimedia created or licensed by Developers. C. Customer desires to have Developers develop multimedia for them.

D. Developers desire to develop Customers Presentation on the terms and conditions set forth herein the Presentation Definitions As used herein the following terms shall have the following meanings; A. Customer shall mean company name B. Developers shall mean company name C. Presentation shall mean the project according to the terms and specifications as set out in the schedules to this contract as agreed and amended by the parties hereto.

D. Specifications shall mean for the purpose of each separate contract the specifications as set out and agreed to by the parties and any amendments thereto as attached hereto as Schedule B. E. Dollars All amounts referenced herein shall mean currency of Canada. F. Material shall mean all of Developers and third parties material described in Schedule C. G. Schedules The following are the Schedules attached hereto and are incorporated by reference into this agreement. a Schedule Terms and other conditions for the development of the Presentation. b Schedule Specifications that are applicable to Customers Presentation. c Schedule List of Material owned by Developer and third parties. d Schedule Addresses specified for the parties to this Agreement.

Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Developers hereby agree as follows. 1. Development of Presentation. Developers agree to develop the Presentation according to the terms and specifications set forth in Schedule attached hereto. 2. Specifications. Developers agree to develop the Presentation pursuant to the specifications set forth in Schedule attached hereto the Specifications 3. Delivery of Presentation.

Developers will use reasonable diligence in the development of the Presentation and endeavour to deliver to Customer Presentation based on the Specifications no later than days after all required media has been received from Customer. Customer acknowledges however that this delivery deadline and the other milestones listed in Schedule are estimates and are not required delivery dates. 4. Ownership Rights. Except for any exclusive rights titles interests into any and all trade marks logos intellectual properties and Confidential Information which Customer may have at any time adopted used registered or intended to use during the term of this Agreement in Canada USA or in any other country and provided by Customer Developers shall hold all right title and interest in and to the Presentation. Specifically but without limitation Developer shall hold all right title and interest in and to all text graphics animation audio components and digital components of the Presentation the Content all interfaces navigational devices menus menu structures or arrangements icons help and other operational instructions and all other components of any source or object computer code that comprises the Presentation all literal and nonliteral expressions of ideas that operate cause create direct manipulate access or otherwise affect the Content and all copyrights patents trade secrets and other intellectual or industrial property rights in the Presentation or any component or characteristic thereof. Customer shall not do anything that may infringe upon or in any way undermine or challenge any of Developers right title and interest in the Presentation as described in this paragraph 4. Notwithstanding the above Customer shall retain all of its intellectual property rights in any text images or other components it owns and provides to Developers for use in the Presentation. 5. Compensation. For all of Developers services under this Agreement Customer shall compensate Developers in cash pursuant to the terms of Schedule attached hereto. In the event Customer fails to make any of the payments referenced in Schedule by the deadline set forth in Schedule Developers have the right but are not obligated to pursue any or all of the following remedies. terminate the Agreement remove all web sites hosting and tracking resources for Presentation avail itself of any other right available at law equity or otherwise bring legal action keep Customers deposit and credit it towards development time and costs already incurred for the Presentation. The rights and remedies set out in this Agreement are cumulative and the exercise of any right shall not exhaust all rights or preclude Developers from exercising any one or more right or remedy. 6. Confidentiality. Customer and Developers acknowledge and agree that the Specifications and all other documents and information related to the development of the Presentation provided by Developers the Confidential Information are confidential and constitute valuable trade secrets of Developers. Customer shall keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without Developers prior written consent disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. Excluded from the Confidential Information definition is anything that can be seen by the public on the Presentation when each page of the Presentation is first accessed. 7. Limited Warranty and Limitation on Damages. Developers warrant the Presentation will conform to the Specifications for period of days from the date of shipment by Developers. If the Presentation does not materially conform to the Specifications Developers shall be responsible to correct the Presentation without unreasonable delay at Developers sole expense and without charge to Customer to bring the Presentation into material conformance with the Specifications. This warranty shall be the exclusive warranty available to Customer. Except as expressly set out herein Customer waives any other warranty condition or representation express or implied. Customer acknowledges that Developers do not warrant that the Presentation will work on all platforms. Customer acknowledges that Developers are not responsible for the results obtained by Customer on the Presentation. Customer acknowledges that Developers are not responsible for fixing problems on Presentations once mass produced after Customer has tested proofed and approved their Presentation. Under no circumstances will Developers be liable to Customer for any claim for damages direct indirect incidental consequential or special howsoever caused or arising even if such damages are reasonably foreseeable. Customer agrees that its sole and exclusive remedy for damages either in contract or tort is the return of the consideration paid to Developers as set forth in Schedule attached hereto.

8. Independent Contractor. Developers agree that they are retained as independent contractors and not as employees associates joint venture partners or legal representatives of Customer. It is the intention of the parties that Developers will be fully responsible for payment of all withholding taxes including but not limited to; their own provincial and federal income taxes paid under this Agreement. The parties agree that Customer will not withhold or pay any income tax Workers Compensation Board Assessments contributions or any other similar charges in respect of Developers personnel and any other payroll taxes on Developers behalf. Developers understand and agree that they will not be entitled to any employee benefits that Customer provides for its employees generally or to any statutory employment benefits including without limitation company pension plans profit sharing plans workers compensation or employment insurance. Developers agree to indemnify Customer for any and all claims made by any lawful government authority for all statutory withholding taxes and deductions not paid by Developers and claimed against Customer for monies paid pursuant to this Agreement and remitted thereto by Customer to such authority or claims against Customer from Developers partners associates and employees. 9. Equipment. Customer agrees to make available to Developers for Developers use in performing the services required by this Agreement such items of hardware and software as Customer and Developers may agree are reasonably necessary for such purpose. 10. General Provisions. 10 Entire Agreement.

This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings written or oral between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by all of the parties hereto. 10 Proper Law of Contract. This agreement shall be governed by the Laws of the Province of Quebec and the laws of Canada applicable therein without regard to choice of law principles. The parties further agree and understand that notwithstanding any regulations rulings or conventions under any conflict of laws in any jurisdiction that regardless of where the contract is executed and entered into the parties have agreed that the laws of the province of Quebec and Canada as applicable shall govern this contract. The parties hereby agree to attorn to the exclusive jurisdiction of the courts of the Province of Quebec for the commencement of any action hereunder other than applications for injunctive relief. 10 Binding Effect. This Agreement shall be binding upon and enure to the benefit of Customer and Developers and their respective successors and assigns provided that Developers may not assign any of their obligations under this Agreement without Customers prior written consent. 10 Waiver. The waiver by either party or its employees officers directors agents or representatives of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect limit or waive such partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement. 10 Good Faith. Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to so act in the negotiation execution delivery performance and any termination of this Agreement.

10 Ownership of Photographs and Media. Developers may use some of their own photographs and other media for the Presentation. Developers retain all right title and interest in such photographs and other media other than hereby granting Customer non exclusive right to use those photographs and media and only on the Presentation. Customers right to use of Materials will be revoked if the Agreement is breached. 10 No Right to Assign. Customer has no right to assign sell modify or otherwise alter the Presentation except upon the express written advance approval of Developers which consent can be withheld for any reason. 10 Indemnification.

Customer warrants that everything it provides Developers to put on the Presentation is legally owned or licensed to Customer. Customer agrees to indemnify and hold Developers harmless from any and all claims brought by any third party relating to any aspect of the Presentation including but without limitation any and all demands liabilities losses costs and claims including attorneys fees arising out of injury caused by Customers products services material supplied by Customer copyright infringement and defective products sold via the Presentation. 10 Use of Presentation for Promotional Purposes. Customer grants Developers the right to use the Presentation for promotional purposes including public display inclusion in Developers marketing material and programs and or to cross link it with other marketing venues developed by Developers now or in the future. 10. 10 No Responsibility for Theft. Developers have no responsibility for any third party copying reverse engineering or improper use of any or all of the Presentation. 10. 11 Right to Make Derivative Works.

How to write my Software Problem Report document (alternate or related contract document)

SOFTWARE PROBLEM REPORT If you think you have encountered problem in our product. confirm that you have the latest version of the product you are reporting on; and complete the following form. Reported By signator authorized signature or signer. Date. Phone. Email. Software Version Environment Operating System Y N. Windows Release Y N. Macintosh Release Y N. Linux Release Other. Problem Description Please describe the problem in as much detail as possible. Make note of any behaviors you observe whether you can reproduce the problem and any observations of system behavior slowdown or other events taking place prior to the instance of the problem encountered.

Describe any specific actions you were performing prior to the problem. Frequency Y N. Problem occurs each time Y N. Problem occurs occasionally performing specific action Describe action. Y N. Problem occurs randomly Reproduction Y N. Problem can be reproduced Y N. Problem cannot be reproduced Describe any specific steps or actions to take to reproduce the problem.

Severity Y N. Does not affect usability Y N. Minor requires some extra work to get around Y N. Major requires significant extra work to get around Y N. Critical software is unusable in current state Additional Comments Developer Assigned To

Developer Notes Resolution

How do you write a Project Development Short Form Contract document? (alternate or related contract document)

company name Work Order address address city state or province zip or postal code Phone phone number DATE. current date Order WorkOrder Bill To. company name

city state or province zip or postal code Phone phone number For. What you are doing for the customer here DESCRIPTION HOURS RATE AMOUNT TOTAL Agreements

In consideration of the mutual covenants set forth in this Agreement Customer and Developers hereby agree as follows. 1. Development of Web Site Digital Media. Developers agree to develop the Web Site and other Digital Media according to the terms expressed by the customer and recommended by the developers. 2. Delivery of Web Site Digital Media. Developers will use reasonable diligence in the development of the Web Site and endeavor to deliver to Customer an operational Web Site no later than delivery date. Customer acknowledges however that this delivery deadline and the other payment milestones listed in Section are estimates and are not required delivery dates. 3. Ownership Rights. Developers shall hold all right title and interest in and to the Web Site Media. Specifically but without limitation Developer shall hold all right title and interest in and to all text graphics animation audio components and digital components of the Web Site the Content all interfaces navigational devices menus menu structures or arrangements icons help and other operational instructions and all other components of any source or object computer code that comprises the Web Site all literal and non literal expressions of ideas that operate cause create direct manipulate access or otherwise affect the Content and all copyrights patents trade secrets and other intellectual or industrial property rights in the Web Site or any component or characteristic thereof. Customer shall not do anything that may infringe upon or in any way undermine Developers right title and interest in the Web Site as described in this paragraph 3. Notwithstanding the above Customer shall retain all of its intellectual property rights in any text images or other components it owns and transmits to Developers for use in the Web Site. 4. Compensation. For all of Developers services under this Agreement Customer shall compensate Developers in cash the amount specified in the total above. In the event Customer fails to make any of the payments referenced by the deadline set forth in Exhibit Invoice Developers have the right but are not obligated to pursue any or all of the following remedies. terminate the Agreement remove the Web Site and or Digital Media bring legal action. 5. Limited Warranty and Limitation on Damages. Developers warrant the Web Site will conform to the Specifications. If the Web Site does not conform to the Specifications Developers shall be responsible to correct the Web Site without unreasonable delay at Developers sole expense and without charge to Customer to bring the Web Site into conformance with the Specifications. This warranty shall be the exclusive warranty available to the Customer. Customer waives any other warranty express or implied. Customer acknowledges that Developers do not warrant that the Web Site will work on all platforms. Customer acknowledges that Developers are not responsible for the results obtained by the Customer on the Web Site. Customer waives any claim for damages direct or indirect and agrees that its sole and exclusive remedy for damages either in contract or tort is the return of the consideration paid to Developers as set forth in Exhibit attached hereto. 6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and Developers and their respective successors and assigns provided that Developers may not assign any of his obligations under this Agreement without Customers prior written consent. ACCEPTANCE OF AGREEMENT. The above prices specifications and conditions are hereby accepted. The designer is authorized to execute the project as outlined in this agreement. Payment will be made as proposed above. Customers signature Designers signature Date THANK YOU FOR YOUR BUSINESS.

How to write my General Project Work Order (With Deposit) document (alternate or related contract document)

WORK ORDER company name address address city state or province zip or postal code Phone phone number DATE. current date Order WorkOrder Bill To. company name

city state or province zip or postal code Phone phone number For. Insert what you are doing for the customer here DESCRIPTION* HOURS RATE AMOUNT TOTAL DEPOSIT REQUIRED Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Company hereby agree as follows. 1. Development of Project or Services. Customer agrees to engage Company to develop the Project as described above*. 2. Delivery of Project or Services. Company will use reasonable diligence in the development of the project and endeavor to deliver to Customer an operational project no later than delivery date. Customer acknowledges however that this delivery deadline is an estimate and not required delivery date. 3. Ownership Rights. Company shall hold all right title and interest in and to all copyrights patents trade secrets and other intellectual or industrial property rights in the project or any component or characteristic thereof which are proprietary to the Company. Customer shall not do anything that may infringe upon or in any way undermine Companys right title and interest in the project as described in this paragraph 3. Notwithstanding the above Customer shall retain all of its intellectual property rights in any components it owns and transmits to Company for use in the project. 4. Compensation. For all of Companys services under this Agreement Customer shall compensate the Company in cash the amount specified in the total above. In the event Customer fails to make any of the payments referenced by the deadline set forth as invoiced Company has the right but is not obligated to pursue any or all of the following remedies. terminate the Agreement remove the project from public access bring legal action. 5. Limited Warranty and Limitation on Damages. Developers warrant the project will conform to the Specifications. If the project does not conform to the Specifications the Company shall be responsible to correct the project without unreasonable delay at the Companys sole expense and without charge to Customer to bring the project into conformance with the Specifications. This warranty shall be the exclusive warranty available to the Customer. Customer waives any other warranty express or implied. Customer acknowledges that the Company does not warrant that the project will work on all platforms. Customer acknowledges that the Company is not responsible for the results obtained by the Customer. Should the Customer cancel quit or otherwise terminate the project for any reason Company reserves the full and exclusive right to apply any monies received from the Customer against the Customers outstanding invoice or bill. Customer waives any claim for damages direct or indirect and agrees that its sole and exclusive remedy for damages either in contract or tort is the return of the consideration paid to the Company. 6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and the Company and their respective successors and assigns provided that the Company may not assign any of its obligations under this Agreement without prior written consent of Customer. ACCEPTANCE OF AGREEMENT.

The above prices specifications and conditions are hereby accepted. The Company is authorized to execute the project as outlined in this Agreement. Payment will be made as proposed above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed company name By signator authorized signature or signer. Job title of signator authorized signature or signer.

Date when the contact was signed Customer Initials Company Initials

A Document from Contract Pack

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