Contract Packs / All Documents / Web Site Development Short Agreement (UK & Australia)

DEVELOPMENT AGREEMENT

What you are doing for the customer here. Summary of Agreement-Schedule HOURS RATE AMOUNT Project Description TOTAL. Project Job title of signator, authorized signature or signer.

Customer Approval Contact: Commence Date: Delivery Date.

Customer and Company Name hereby agree as follows (incorporating the Schedule as a Term):

Development of Web Site/Digital Media

Company Name agrees to develop the Web Site and other Digital Media as quoted and accepted by Customer. Services do not include any back-office, support, database or ASP services including multiplying the site across other domains or servers or creating new web sites or media based on the project components.

Delivery of Web Site/Digital Media

Company Name will carry out the services in a professional manner and shall use reasonable endeavors to deliver to Customer an operational Web Site according with the Project Description no later than the Commencement Date. Customer acknowledges, however, that this delivery deadline is an estimate, and is not required.

Ownership Rights

Customer shall own all rights in the Customer Content, which includes all text, graphics, animation, audio components, and digital components of the Web Site and Customer shall retain all of its intellectual property rights in any text, images or other components it owns and transmits to Company Name for use in the Web Site. Company Name shall own all right, title, and interest in and to the Web Site/Media including 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 design elements. Customer shall not do anything that may infringe upon or in any way undermine Company Name' right, title, and interest in the Web Site, as described in this paragraph 3.

Compensation

For all of Company Name' services under this Agreement, Customer shall pay Company Name one half the Price at the date of this Order and the balance of the Price at the Commencement Date unless otherwise provided in Schedule and if not paid Company Name shall have the right, but not the obligation, to terminate this Agreement and remove the Web Site and/or Digital Media.

Limited Warranty and Limitation on Damages

Company Name warrants the Web Site will conform to the Site Description. If the Web Site does not conform to the Site Specification, Company Name shall be responsible to correct the Web Site without unreasonable delay, at Company Name's sole expense and without charge to Customer, to bring the Web Site into conformance with the Site Description. Other than implied by law and not capable of being negated by agreement, this warranty shall be the exclusive warranty available to the Customer. Customer waives any other warranty, express or implied.

Customer acknowledges that Company Name does not warrant that the Web Site will work on all platforms. Customer acknowledges that Company Name is 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 Price.

Company Name accepts no liability for any damage, loss of productivity, or loss or alteration of matter detrimental to the users property due to the use of third party software or hardware installed or recommended by Company Name.

Privacy

Parties agree that all issues concerning Privacy Act compliance are for Customer and Company Name gives no warranty or undertaking that the Site complies with or operates in accordance with the requirements of that legislation and Regulations thereunder. A review for Privacy Act purposes can be obtained by Company Name for additional fee but will not be the subject of any warranty by Company Name as to its accuracy.

Confidentiality

Customer and Company Name acknowledge and agree that the Specifications and all other documents and information related to the development of the Web Site (the "Confidential Information") will constitute valuable trade secrets of Company Name. Customer shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without Company Name's 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 Web Site when each page of the Web Site is first accessed.

License

1 Grant of License - Customer

Customer hereby grants to Company Name a non-exclusive, worldwide, royalty-free license to edit, modify, adapt, translate, Schedule, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use Customer Content as necessary to render the Services to Customer under this Agreement.

2 Grant of License - Company Name

Company Name hereby grants to Customer a limited, non-exclusive, non-transferable license solely to make use of Company Name Materials which are incorporated in the Web Site and which are required for the operation of the Web Site solely to operate the Web Site on the Host Server. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives on.