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Website Development Services Contract

This website development services contract is intended as a legally binding agreement between WEB AUTOMATON, of legal business, with website address at www.webautomatondev.com, hereinafter referred to as the DEVELOPER.

      – AND –

You,  hereinafter referred to as the CLIENT.

Both collectively known as the PARTIES.

CLIENT has agreed to allow the above DEVELOPER to create, develop, test and host a website according to the above-mentioned scope of work.

DEVELOPER is interested in undertaking such work; and CLIENT and DEVELOPER mutually desire to set and agree to the following terms and conditions as listed.

This contract is valid, starting from the date of your purchase until you unsubscribe our package.

SCOPE OF WORK

The specific deliverable and project requirements shall be governed by the Scope of Work document which shall be reviewed and approved by the Parties as a document separate from this website development services contract. The DEVELOPER will do your requests based on the package you purchase.

DEVELOPER REQUIREMENTS

CLIENT hereby retains the services of DEVELOPER to design, develop and host a website and Necessary additional items as listed in accordance with the proposal submitted by DEVELOPER to the CLIENT and signed on the said purchase date.

Changes to this Agreement or to any deliverable in this contract must be submitted in writing and approved by both parties prior to taking place.

DEVELOPER agrees to notify company if any risks or schedule delays may take place effecting delivery dates and presentation of the final website.

DEVELOPER agrees to personally present said website on September 26, 2017 at a location suitable to both Parties for final approval and acceptance by CLIENT.

CLIENT shall provide DEVELOPER with appropriate space and resources for such presentation to take place.

DEVELOPER shall provide all necessary computers and staff to effectively achieve such Presentation.

 Web Hosting

DEVELOPER shall provide website hosting services for the CLIENT’s website once development is complete. Hosting shall be a shared hosting environment with a minimum of 99.9% server uptime.

DEVELOPER is in agreement to maintain a copy of the CLIENT’s website on an offline server as a backup to the live site.

Any and all modifications are expected to be completed within 3-5 business days of DEVELOPERs’ acknowledgement depending on level of repair or maintenance request.

DEVELOPER agrees to provide reasonable access to any parties authorized by the CLIENT for purposes of website audits, updates, or modifications.

Web Design

DEVELOPER agrees to attain design approval from the CLIENT prior to beginning development by submitting detailed design mockups for CLIENT review.

CLIENT’s website will not include any of the following unless previously agreed upon between both parties.

  1. Any destructive, crude, insulting, harassing, violent, sexual, or any other inappropriate
  2. Any and invisible fields or pages

All materials to be supplied by CLIENT must be provided with compatible file types and sizes.

Until final approval, no portions of above site will be made available to end users without the correct password and username combination.

Upon completion and approval of its Final Web Site, or upon termination of this Agreement, whichever occurs earlier, the DEVELOPER shall deliver any and all materials developed in the course of its performance under this Agreement and any other items deemed necessary for the operation of  the CLIENT’s website domain.

Documentation shall be delivered in either printed or electronic format as agreed upon by both parties. If code is delivered in electronic format, any and all files shall be provided in compatible file formats.

DEVELOPER agrees to maintain website back-ups and one set of the final materials provided.

If this Agreement is terminated prematurely or after the agreed back up term, DEVELOPER will destroy any and all copies, files, and documents related to this website development services agreement.

PRIVACY

Web Automaton agrees that we will not disclose the CLIENT’s information to anyone, and shall maintain the PRIVACY POLICY agreement.

PRICING

This website development services agreement shall be invoiced on a time-and-materials basis. The DEVELOPER shall deliver an invoice every 30 days which details all hours and additional costs that the CLIENT is responsible for. CLIENT agrees to pay each invoice within 30 days of receipt from the DEVELOPER.

INTEREST ON LATE PAYMENT

Any amount not paid when due will bear interest from the due date until paid at a rate equal to USD 20 per month or the maximum allowed by Law, whichever is less.

TERMINATION

Termination Notice. CLIENT may terminate this website development services agreement at any time by providing written notice via email or certified mail to the DEVELOPER.

If CLIENT terminates the services within 6 months, the CLIENT shall agree to pay the whole 6-month package to the DEVELOPER.

DEVELOPER may cancel this agreement in the same manner if necessary.

In the event that this website development services agreement is cancelled by either party, the DEVELOPER shall issue a final invoice for any unbilled time, web hosting fees, domain name owner transfer, and website package transfer cost. The CLIENT agrees to pay the final invoice according to the terms of this website development services agreement.

CONFLICT RESOLUTION

This website development services agreement shall be governed by the prevailing laws of Manila, Philippines. Should any conflicts arise related to this agreement; the Parties agree to seek a suitable resolution through a neutral arbitrator, whose ruling shall be considered final and binding on both parties.

JUDICIAL RELIEF

Should any one of the parties herein be compelled to seek judicial relief against the other, the CLIENT shall pay an amount of One Hundred (100) % of the amount claimed in the complaint as attorney’s fees which shall in no case be less than USD 2, 000.00 in addition to other cost and damages which the said party may be entitled to under the law.

This CONTRACT OF SERVICE shall be valid and binding between the parties, their successors-in-interest and assigns.

This contact is updated last October 11, 2017. Web Automaton will notify you if there any changes and will provide you the copy for the contract signing.

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