Contractual Agreement for Website Design and Development
Date of AGREEMENT and thereafter in effect until completion / sign off between CLIENT and Puffin Creative.
YOU THE CLIENT will for the purposes of this Agreement be hereafter referred to as ‘Client’ and Puffin Creative will hereafter be referred to as ‘Developer’.
This Agreement is for the development of CLIENT’S website. The consultations, design and development of the website will for the purposes of this Agreement be hereafter referred to as the ‘Work’.
By entering in to this Agreement it is understood that the Client wishes for the Developer to create certain Work, more detailed description to follow below; it is understood that the Developer wishes to create such Work for the Client.
The parties hereto agree as follows:
It may be necessary for the Client to disclose confidential information to the Developer in order to facilitate the Work under this Agreement. Any such information will be treated confidentially and handled appropriately. Whether the information be transmitted verbally or otherwise, the Developer will safeguard this information and not disclose it to any third parties.
Confidential information will not include information that:
1. Is already known by the Developer / receiving party
2. Is already in the public domain or will become part of the public domain
3. Is obtained from third parties, whom have no obligation under this Agreement
The Client shall pay the Developer half of the agreed payment as a deposit for commencement of the Work. Upon completion of all Work the balance will be due, this may include any additional charges and fees that will have been discussed and agreed during the course of the Work. Once in receipt of the final installment the files will be relinquished or Client’s website uploaded and/or assembled.
*Estimated date of completion refers to the date anticipated or scheduled that the Work will be finished. Every effort will be made by the Developer to complete the Work by this date, but in some cases this date may be subject to change or review by either the Client or the Developer and will be discussed and agreed upon as necessary.
The Developer agrees to deliver samples of design on dates agreed upon in the Proposal of Work. Every effort will be made to meet agreed due dates. Failure for the Client to submit required information, materials or images may cause subsequent delays in production of the Work, this may result in delays in delivery of the finished Work for which the Developer will not be accountable for.
FEES AND ADDITIONAL SERVICES
The Work is outlined in the Description of Work and the Proposal of Work. Any excessive changes to the Work outlined, changes in creative direction by the Client or additional work created that is not outlined within the Description or Proposal will result in additional charges at the discussed and agreed fee and will fall due on completion of the Work.
The Client agrees to reimburse the Developer for reasonable expenses that fall due during the course of the Work and that are necessary for the completion of the Work. These may include:
Fonts, proofs, research costs, shipping, stock photography, stock images and travel expenses.
ASSIGNMENT OF WORK
The Developer reserves the right to assign other developers, designers or subcontractors during the production of the Work.
Prior to completion of the Work the Client may wish to disclose or publish information regarding the Work. In all such publications the Client shall acknowledge the support of the Developer.
It is agreed that both the Client and the Developer may use the Developers or Clients name respectively in any advertising or publicity. If either parties do not wish for their name to be used then they must advise the other party in writing to express that they do not consent to such use of their name.
To terminate this Agreement either party may give 30 days written notification to the other party. Any expenses or pro-rata billing for the work will fall due to the Developer at the end of the notification period. This will also apply if there is a delay or postponement of the Work by the Client.
The Client and Developer are independent parties and no part of this Agreement will constitute either party as the employer, partner or indicate a joint venture between both parties.
The undersigned agrees to the terms and conditions of the above Agreement – ‘Contractual Agreement for Website Design and Development’, on behalf of his or her organisation or business.