Website Maintenance Agreement is an agreement in which the client decides that Company or the Developer will be the sole provider of web site maintenance services for the duration of this contract, and that no other entity will have access to or rights to modify the web site. Along with the general services defined in the agreement,if someone other than the Company/Developer makes adjustments to the website, any errors as a result of those adjustments are also fixed.
In today’s day and age, it is difficult enough to run a company. The last thing you need is to get entangled in a tangle of squabbles with your website maintenance and service customers. A lack of clarification about both parties' expectations can transform into a nightmare of late payments, angry site owners, and negative publicity which can impose as a major threat to a flourishing company.
This is why it's important to have a website support and maintenance agreement. Your clients will have the details they need to determine whether you can satisfy their needs if you elaborate your services that whether you provide site protection and quick support and policies up front. It also provides legal defense in the event that the relationship becomes sour.
The key importance of a well-defined Website Maintenance Agreement are as follows:-
Although there are numerous particulars which one can add while drafting a Website Maintenance Agreement, therefore below given are key particulars which one should take into consideration, while drafting the Agreement.
The first major aspect of a Website Maintenance Agreement should be the elucidation or description of the services which will be provided under the said agreement by the Company/Developer to its Clients. This segment should outline, what are the responsibilities of the Company/Developer towards its Clients. Therefore the description of services in the Agreement should be clear and precise in nature, so that any doubts or hindrances can be avoided in the future.
The second major aspect that should be taken into consideration while preparing a Website Maintenance Agreement should be the clear explanation regarding the amount to be paid to the Company/Developer for the services rendered by them in addition to a clear description of the tenure during which the services of the Company/Developer will be required and when will the payments be made. In addition with the above, the agreement should also consist the clauses relating to the policies which will be implemented in case of any late or missed payments by the clients.
This particular of the Website Maintenance Agreement should clearly explain how you or the client can terminate the agreement by giving a notice, as well as the steps which should be taken in the event of any of the abovementioned situations. If the agreement consists of a date of expiration of services, the complete procedure of renewal of the services can also be listed in this section to provide clarity to the Clients.
This particular clearly elucidates that the client would be in complete ownership and control of their website and its content both before and after the contract. Thus this aspect of the Website Maintenance Agreement should be precise and trustworthy as it plays a crucial role in building the trust of clients.
The one of the most important aspect while drafting a proper Website Maintenance Agreement should be a clear explanation of the Assurances and Liabilities entertained by the Company/Developers. It is important because in an event of any uncertainty, the Clients can't hold you responsible if anything goes wrong on their website when you're working on it. Moreover this particular is very important because it plays a major role in providing legal protection to the Company/Developers.
This particular of the Website Maintenance Agreement should also be precisely defined as it helps in laying out a clear procedure,in case there is an event of disagreement between the Clients and Company/Developers regarding the contract. Therefore proper explanation of this particular is also a must in order to avoid any future difficulties.
Although there are a numerous kind of services, which one can provide under a Website Maintenance Agreement, below given are some of the few services: -
In addition to the abovementioned services, one can also provide below given services also:-
In this modern day and age, there are many businesses and new start-ups which are entirely conducted or controlled through a particular website. The controlling of a flourishing business through a website can do wonders for the business as well as the clients it caters it services. Therefore a sound Website Maintenance Agreement is of utmost importance for a business in today’s era. It is helpful as it ensures the smooth functioning of the website an at the same time it protects the website from any difficulties or hindrances, which it would face in the absence of the services or protection provided by the Company/Developer, who are bound to do so under the Agreement.
Moreover, regular monitoring of the functions is also necessary in order to ensure the website’s smooth operations so that it can generate adequate revenues to meet the needs of the Business Owner. Thus a well drafted Website Maintenance Agreement is the need of the hour for businesses as well as Start-ups which are constantly striving hard to make an impact in the society through their services.
Website Mainentance Agreement
ThisWebsiteMaintenanceAgreement(the"Agreement")isenteredinto, 2012 by and between__________________(Consultant)and ______________ (“TheClient").
http: ________________________ andhttp: ______________________________
and WHEREAS, Consultant has agreed to perform work for The Client in providing website maintenance servicesas describedbelow;
For website maintenance services under this Agreement, Customer shall compensateDevelopers,incash,_____________inadvanceuponsigningof thisagreement.
Client is engaged for the specific project of developing and/or improving an existing WorldWide Web Site. The Client will maintain a separate contract with an ISP or Web Hosting provider, which is currently ______________. The Client hereby authorizes Consultant to access this account, and authorizes the Internet Service Provider to provide Company with "write permission" for the Customer's web page directory, CGI-bin directory, and any other directories or programs, which need to be accessed for this project.
Client will provide updates to the web site for a period of 1 year. If the Client or an agent other than the consultant attempts to update the web pages, time to repair web pages will be assessed at the hourly rate of ____ Per hour, and is not included as part of the updating time.
2. Scopeof Service
2. Under this Agreement, The consultant will not:
Any redesign of the websites shall be considered "additional" and will require separate Agreement and payment. The consultant shall advise the Client on any requested work that falls within these bounds.
You may cancel your website maintenance Agreement with us at any time, by giving us one month's written notice, provided that payment is up-to-date. A pro-rata refund will be given for any unused period of the advance payment.
In the event of a fault with your web hosting service or server, we will initiate an inquiry into the service disruption within 24 working hours of the fault or support issue being reported or observed. In the event of a hardware or software fault being found, the software or hardware maintainer will be contacted and the consultant will negotiatewith them on the Client's behalf. In the event of an operating system fault, the consultant will endeavor to solve the problem as soon as it is possible.
This contract, together with the links herein, constitutes the sole agreement between the consultant and the Client regarding its Website Maintenance Service. It becomes effective only when signed by both parties.
Nothing herein shall be construed to create an employer-employee relationship between The Client and Consultant as the Consultant is an independent contractor and not an employee of The Client’s company or any of its subsidiaries or affiliates. The consideration set forth in Section 2 shall be the sole consideration due Consultant for the services rendered hereunder. It is understood that The Client will not withhold any amounts for payment of taxes from the compensation of Consultant hereunder. Consultant will not represent to be or hold herself out as an employee of The Client.
In the course of performing Consulting Services, the parties recognize that Consultant may come in contact with or become familiar with information which The Client or its subsidiaries or affiliates may consider confidential. This information may include, but is not limited to, information pertaining to The Client, computer systems or client information systems, which information may be of value to a competitor or which may be confidential or privileged. Consultant agrees to keep all such information confidential and not to discuss or divulge it to anyone other than appropriate Company personnel or their designees.
This Agreement shall commence on ______ (date) and shall terminate on _______(date), unless earlier terminated by either party hereto. Either party may terminate this Agreement upon Thirty (30) days prior written notice.
This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and replaces and supersedes all other agreements or understandings, whether written or oral. No amendment or extension of the Agreement shall be binding unless in writing and signed by both parties.
2. Binding Effect, Assignment.
This Agreement shall be binding upon and shall inure to the benefit of Consultant and The Client and to The Client's successors and assigns. Nothing in this Agreement shall be construed to permit the assignment by Consultant of any of its rights or obligations hereunder, and such assignment is expressly prohibited without the prior written consent of The Client.
3. Governing Law, Severability.
This Agreement shall be governed by the laws of the State of ___________ . The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision.
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