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The original US Web Development Contract has been edited by an attorney in Canada to conform to Canadian law. Edit as needed to create your starting contract for your business. Each client may require modifications to the standard contract which you will need to deal with on a per-project basis. You may use the various contracts and agreements as starting points for use in other countries. You will need to have your own attorney review and edit the contracts for use in other countries and states where the standard pre-written versions will not be applicable. If you find an attorney who wants to redo everything from scratch their own way, consider getting a second opinion, unless you are in a country where US, English or Canadian law do not apply.

This version was created by common request from many developers wanting a comprehensive contract, without the clauses their clients found objectionable (typically regarding copyright ownership). The client-centered version gives the client basically rights to everything done (except to your preexisting material). Normally we do not recommend this, as it will prevent the developer from leveraging work created on a project for future use in other projects. It is only included by common request from our users. It is your responsibility to understand the implications of giving up your rights to work created for a client which, by default, would normally be retained by the developer. We recommend that you compare this variation with the standard version above and consult your own attorney if you have questions.
Document Length: 8 Pages
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Web Development Contract (Client Centered) (Canada)
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How to write my Web Development Contract (Client Centered) (Canada) document

WEB SITE DEVELOPMENT AGREEMENT the Agreement THIS AGREEMENT is made this current day day of current month current year Between company name hereinafter referred to as the Developers

company name hereinafter referred to as the Customer Recitals WHEREAS the Developers have experience and expertise in the development of web sites; AND WHEREAS the Customer agrees to have the Developers develop web site for it; AND WHEREAS the Developers agrees to develop the Customers web site on the terms and conditions set forth herein the Web Site NOW THEREFORE in consideration of the mutual promises and covenants hereinafter set out the parties agree as follows. 1. Interpretation. 1 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 Material shall mean all of the Developers and third parties material described in Schedule C. 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 Web Site shall mean the web site developed according to the Specifications. f Web Site Milestone shall mean milestone in the development of the Web Site as set out in the Specifications and Payment Terms. 1 Schedules.

The following are the Schedules attached hereto and are incorporated by reference into this agreement. Schedule Payment Terms and other conditions for the development of the Web Site. Schedule Specifications that are applicable to the Web Site. Schedule List of material owned by Developer and third parties. Schedule Addresses specified for the parties to this Agreement. 1 Invalidity of Provisions. Save and except for any provisions or covenants contained herein which are fundamental to the subject matter of this Agreement including without limitation those that relate to the payment of monies the invalidity or unenforceability of any provision or covenant hereof or herein contained shall not affect the validity or enforceability of any other provision or covenant hereof or herein contained and any invalid provision or covenant will be deemed to be severable.

1 Headings. The insertion of headings is included solely for convenience and reference and is not intended to affect the construction or interpretation of this Agreement nor are the headings intended to be full or accurate descriptions of the contents hereof. 1 Dollars. All amounts referenced herein shall mean currency of Canada. 2. Term. Except for the obligations of the parties that shall survive completion of the development work of the Web Site by the Developers unless terminated earlier in accordance with the termination and default provisions in the Agreement the term of this Agreement shall be for the duration of the works to be completed as referenced herein and the Web Site is delivered to the Customer for its use. Agreement changes must be approved by both parties in writing and will be considered addendums to the Agreement. The Agreement shall be deemed terminated when an Acceptance form is signed by both parties. 3. Compensation Contract Price. 3 Upon the execution of this Agreement the Customer agrees that it shall pay to the Developers the agreed upon sum of Insert Total Payment Amount in cash bank draft certified funds or credit card payment as applicable which is agreed and understood to be non refundable in the event of termination or cancellation of this Agreement consideration referred to in this section is for the Developers initial development proposal and other preparatory works which is agreed to by the parties as necessary to this Agreement of which said amount upon completion of the Web Site shall represent partial payment towards the total contract amount. 3 Upon the Developers completing each Web Site Milestone the Customer shall pay to the Developers such amount representing percentage of the total contract price as specified in Schedule and thereafter in the same percentage at each Milestone as set out in the Schedule to this Agreement.

3 In the event that the Customer fails to make any of the scheduled Web Site Milestone payments by the deadlines set forth in Schedule the Developers reserve the sole and exclusive right but are not obligated to retain all monies paid to date without refund and all Materials related to the development of the Web Site notwithstanding the Web Site has not been completed and to pursue any and all legal and other remedies at its disposal including but not limited to the following. a to terminate the Agreement and retain all monies paid to date b to pull disable disassemble block or otherwise make unusable the Web Site and associated links without notice to the Customer and to retain full and complete ownership thereof c to transfer the Web Site contents to another Customer for valuable consideration d to commence legal action for damages and or injunctive relief and all legal costs on solicitor and customer basis and

e to charge the Customer interest at rate of 2% per month or 26. 8% per year on amounts outstanding. 4. Terms and Conditions. 4 Development of Web Site. The Developers agree to develop the Web Site according to the terms listed in Schedule attached hereto. 4 Specifications. The Developers agree to develop the Web Site pursuant to the specifications set forth in Schedule attached hereto the Specifications 4 Delivery of Web Site. The Developers will use commercially reasonable efforts and reasonable diligence in the development of the Web Site and endeavor to deliver to the Customer Web Site in accordance with the Specifications by delivery date. Notwithstanding the aforesaid delivery date the Customer acknowledges and agrees that this delivery deadline and the corresponding progress payments thereto as listed in Schedule are estimates and are not time of the essence required delivery dates. Where commercially reasonable the Customer and the Developers will revise delivery schedules acknowledged by the parties in writing.

4 Proprietary Ownership Rights. The Customer shall retain all of its intellectual property rights in any text images or other components it provides to the Developers for use in the Web Site. The Customer shall hold the copyright for the agreed upon version of the Web Site as delivered and the Customers copyright notice may be displayed in the completed Web Site upon receipt of payment by the Developers of all amounts due and owing to the Developers under this Agreement. The Developers retain exclusive rights to all Material provided by the Developers used in the Customers Web Site. Customer does not have and will not obtain any right to reuse copy resell or otherwise transfer any Material. 4 Confidentiality. Without limiting the above the Customer and the Developers acknowledge and agree that the Specifications and all other documents and information related to the development of the Web Site provided by the Developers the Confidential Information are confidential and constitute valuable trade secrets of the Developers. The Customer shall keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without the 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 Web Site when each page of the Web Site is first accessed. The performance by the Customer of the foregoing obligations is condition to the Developers developing the Web Site for the Customer and the use thereof by the Customer. 5. Limited Warranty and Limitation on Damages. The Developers warrant the Web Site will conform to the Specifications as set out herein for period of days from acceptance. If the Web Site does not materially conform to the Specifications the Developers shall be responsible to correct the Web Site without unreasonable delay at the Developers sole expense and without charge to the Customer to bring the Web Site into material conformance with the Specifications. This warranty shall be the exclusive warranty available to the Customer in respect of the Web Site conforming to the Specifications regardless of whether any remedy set forth herein fails of its essential purpose or otherwise. The Customer hereby waives any other warranty condition or representation express or implied statutory or otherwise including without limitation any implied warranties of merchantability and fitness for particular purpose. The Customer acknowledges that the Developers do not represent or warrant that the Web Site will work on all platforms or that the Web Site will be error free or that the Developers will be able to achieve fixes or workarounds for every problem or error discovered. The Customer acknowledges that the Developers are not responsible for the results obtained by the Customer on the Web Site. Under no circumstance will the Developers be liable to the Customer for any claim for damages of any kind direct or indirect special incidental consequential punitive or tort damages including negligence whether resulting from loss of use delay of delivery loss of data loss of anticipated profits loss of business non operation or increased expense of operation or otherwise 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 Schedule and in no event shall the Developers total cumulative liability hereunder from all causes of action of any kind exceed the total amount paid by the Customer to the Developers. The Customer further agrees to indemnify the Developers from and against any loss claim liability damage cost or expense including legal fees payable to any person or entity arising out of the use of the Web Site. 6. Independent Contractor.

The Developers agree that they are retained as independent contractors and not as employees associates joint venture partners or legal representatives of the Customer. It is the intention of the parties that the Developers will be fully responsible for payment of all withholding taxes including but not limited to; their own provincial and federal income taxes Canada Pension Plan on all compensation earned and paid under this Agreement. The parties agree that the Customer will not withhold or pay any income tax Workers Compensation Board Assessments contributions or any other similar charges in respect of the Developers personnel and any other payroll taxes on the Developers behalf. The Developers understand and agree that they will not be entitled to any employee benefits that the 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. The Developers agree to indemnify the Customer for any and all claims made by any lawful government authority for all statutory withholding taxes and deductions not paid by the Developers and claimed against the Customer for monies paid pursuant to this Agreement and remitted thereto by the Customer to such authority or claims against the Customer from the Developers partners associates and employees. 7. Equipment. The Customer agrees to make available to the Developers for the Developers use in performing the services required by this Agreement such items of hardware and software as the Customer and the Developers may agree are reasonably necessary for such purpose. 8. General Provisions. 8 Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements understandings negotiations and discussions whether oral or written of the parties and there are no warranties representations or other agreements between the parties in connection with the subject matter except as specifically set out herein. No supplement modification amendment waiver or termination of this agreement will be valid or binding unless executed in writing by the parties. 8 Proper Law of Contract.

Writing the General Project Work Order (No 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 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. 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

How do you write a Schedule A (Payment Terms) (Can/UK/Aus) document? (alternate or related contract document)

Select an appropriate payment terms from the list of possible choices depending on the agreement being used with and delete the rest. For example if using project development contract use one of the first three milestone based payment terms. For general pricing use the payment terms pricing plan at the end of the list of plans below. SCHEDULE A PAYMENT TERMS 1. Customer agrees to pay Developers fee of Insert Total Payment Amount according to the following terms. A. 90% of the estimated price upon execution of the Agreement. 2. Customer agrees to the pay for all out of pocket expenses incurred by Developers in developing the project including but without limitation any. A. License fees

B. Outsource services billed for Customer C. Film and Developing D. Shipping E. Domain name registration F. Host costs for ISP G. Hardware and software H. Travel 3. Customer agrees to pay for the Developers fee and all expenses as set forth above within days of invoice. All unpaid balances shall accrue interest at 2% per month.

4. Customer agrees that any changes customer makes to the specification may adversely affect the original estimate. Extra time incurred above and beyond the original specification will be billed at an hourly rate of hourly rate and is not subject to the costs estimates and caps in 1. above. 5. Customer agrees that estimated yearly maintenance costs are only estimates and are not included in the quoted price. SCHEDULE A PAYMENT TERMS 1. Customer agrees to pay Developers fee of Insert Total Payment Amount according to the following terms. A. 3 of the fee upon execution of the Agreement;

B. 3 of the fee upon completion of Insert Key Payment Milestone C. The remaining upon completion of the specification. 2. Customer agrees to the pay for all out of pocket expenses incurred by Developers in developing the project including but without limitation any. A. License fees B. Outsource services billed for Customer C. Film and Developing D. Shipping E. Domain name registration F. Host costs for ISP

G. Hardware and software H. Travel 3. Customer agrees to pay for the Developers fee and all expenses as set forth above within days of invoice. All unpaid balances shall accrue interest at 2% per month. 4. Customer agrees that any changes customer makes to the specification may adversely affect the original estimate. Extra time incurred above and beyond the original specification will be billed at an hourly rate of hourly rate and is not subject to the costs estimates and caps in 1. above. 5. Customer agrees that estimated yearly maintenance costs are only estimates and are not included in the quoted price. SCHEDULE A PAYMENT TERMS 1. Customer agrees to pay Developers an hourly fee according to the following terms. A. 10% of the estimate upon execution of the Agreement of Insert Total Payment Amount B. Customer is billed at hourly rate per hour at the completion of each milestone.

C. The customer will not be liable for more than Insert the Maximum Billing Amount in hourly work. 2. Customer agrees to the pay for all out of pocket expenses incurred by Developers in developing the project including but without limitation any. A. License fees B. Outsource services billed for Customer C. Film and Developing

D. Shipping E. Domain name registration F. Host costs for ISP G. Hardware and software H. Travel 3. Customer agrees to pay for the Developers fee and all expenses as set forth above within days of invoice. All unpaid balances shall accrue interest at 2% per month. 4. Customer agrees that any changes customer makes to the specification may adversely affect the original estimate. Extra time incurred above and beyond the original specification will be billed at an hourly rate of hourly rate and is not subject to the costs estimates and caps in 1. above.

5. Customer agrees that estimated yearly maintenance costs are only estimates and are not included in the quoted price. SCHEDULE A CREDIT CARD PAYMENT PLAN Authorization for credit card payments for development per Schedule and B. Charges to be applied as Customer accepts each milestone. Customer accepts liability for all costs incurred including but not limited to chargebacks and reversals. Card Number

Expiration Date Name on Card Title Phone. phone number Fax. fax number Email. email address Company. company name Street. address address City. city

Country. country SCHEDULE A PAYMENT TERMS Pricing Plan. Insert your pricing plan here. Discounts. Insert any discounts available here.

Restrictions. Insert any restrictions here.

How to write my Project Contract Acceptance Signoff Form document (alternate or related contract document)

company name Project Acceptance Signoff address address city state or province zip or postal code Phone phone number DATE. current date Order WorkOrder

Client. company name city state or province zip or postal code Phone phone number For. General Description of Project Deliverables Please initial the following sections which detail the projects deliverables contracted between company name and company name and sign the Acceptance of Agreement at the bottom of this document. Initials Description of Completed Milestone

Acceptance of Milestone #1 description here Acceptance of Milestone #2 description here Acceptance of Milestone #3 description here Acceptance of Milestone #n description here Acceptance of Project per Contract Specifications. ACCEPTANCE OF AGREEMENT. I certify that have received the above project deliverables from company name and that the deliverables listed above have been demonstrated delivered or otherwise completed to my satisfaction. Best Practice Note. If billing by credit card the above line should include permission to charge their credit card. This helps reduce your chargeback exposure. Example. Florentine Design Group LLC may now charge the final installment of 390 to AMEX ************345 for completion of the project. Clients signature

A Document from Contract Pack

The editable Web Development Contract (Client Centered) (Canada) template - complete with the actual formatting and layout is available in the retail Contract Packs.
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