THESE ARE THE STANDARD TERMS AND CONDITIONS REFERRED TO IN THE FOREGOING CONTRACT BETWEEN [Web Design Agency] TRADING AS [cc / pty registered name] AND [Client Name], HAVING ITS PRINCIPAL PLACE OF BUSINESS AT ____________________________________________________, AND HEREINAFTER REFERRED TO AS The Client.
- Definition Of Terms
- Services Provided
- Service Plans
- Pay-As-You-Go Service Plan
- Fixed Monthly Service Plans
- Account Access
- Assignment Of Work
- Copyrights And Trademarks
- Indemnification
- Laws Affecting Electronic Commerce
- Non-Disclosure
- Cancellation
- Entire Understanding
The Webmaster – refers to [Web Design Agency], its agents and authorised representatives which are also referred to using “we”, “us”, ”our” and “ours”.
The Client – refers to [Client Name], its agents and authorized representatives which are also referred to using “they”, “them”, “their” and “theirs”.
Host – the company on whose system the Website physically resides.
Content – refers to all text, pictures, sound, graphics, video, links, and other data stored by The Client at the host computers.
Website – refers to the pages presenting the Content stored by The Client at the host computers.
The Work – the subject matter of the contract between The Client and The Webmaster.
The Client is contracting The Webmaster as an independent contractor for website design and development maintenance. This includes fixing errors, adding new pages, editing existing pages, editing graphics, and simple modifications to scripts, templates, applications, and databases.
Maintenance does not include hosting costs, and major changes to the design and functionality of the website. Major changes are discrete changes which are projected to take 4 or more hours to complete. These items would need to be quoted on an individual basis by The Webmaster unless previously agreed to in writing between The Client and The Webmaster.
The Client is responsible for license fees for any 3rd party images, programs or scripts.
All service plans begin on the 1st of each month. All website maintenance requests have a minimum charge of 1 hour with all additional time charged to the nearest ½ hour. The Client is charged for services rendered as stated herein. A log of time spent will be provided upon request.
The Pay-As-You-Go Service Plan has no recurring monthly costs and is billed in arrears, and in 1 hour, 5 hour, 10 hour, and greater than 10 hour increments. Only the number of hours constituting The Work in a given month will be billed for.
The Fixed Monthly Service Plans are recurring plans that are billed on a month to month basis, in advance, and until cancelled. Any time not used within the current 1 month billing period will expire. There is no rollover of time to the next billing period and no refunds or credits will be issued for expired time. Time not used is non-transferrable. If The Work exceeds the time outlined by the selected plan, any additional time will be billed at The Webmaster’s standard rate of R200 per half hour or part thereof.
The Webmaster will notify The Client upon reaching seventy-five percent (75%) of the number of hours of the selected fixed plan.
Please select your desired service plan. An X next to a plan indicates that that plan is selected for this Agreement.
Pay-As-You-Go Service Plan
| Select This Plan | Hours | Description | Rate Per Hour (p/hr) | Savings |
|---|---|---|---|---|
| 1 hour | Up to 1 hour of maintenance a month. | R375p/hr | 6.25% | |
| < 5 hours | Up to 5 hours of maintenance a month. | R350p/hr | 12.5% | |
| < 10 hours | Up to 10 hours of maintenance a month. | R325p/hr | 18.75% | |
| 10 hours > | More than 10 hours of maintenance a month. | R300p/hr | 25% | |
| 10 hours > | More than 10 hours of maintenance a month. | R300p/hr | 25% |
or
Fixed Monthly Service Plans
| Select A Plan | Hours | Description | Cost | Cost Per Hour (p/hr) | Savings |
|---|---|---|---|---|---|
| 5 hours | Up to 5 hours of maintenance in a month. | R1 625 | R325p/hr | 18.75% | |
| 10 hours | Up to 10 hours of maintenance in a month. | R3 000 | R300p/hr | 25% | |
| 20 hours | Up to 20 hours of maintenance in a month. | R5 500 | R275p/hr | 31.25% | |
| 40 hours | Up to 40 hours of maintenance in a month. | R10 000 | R250p/hr | 37.5% |
The Client agrees to provide The Webmaster full ftp and secure shell access to the hosting computers. The Client understands that some website changes may require a change in hosting services which is not covered by this agreement.
The Webmaster reserves the right to assign subcontractors to this project to ensure the right fit for the job as well
as on-time completion.
The Client represents to The Webmaster and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to The Webmaster for inclusion in The Client’s website are owned by the Client, or that The Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend The Webmaster and its subcontractors from any claim or suit arising from the use of such elements furnished by The Client.
The Client agrees that it shall defend, indemnify, save and hold The Webmaster harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with The Webmaster’s maintenance of The Client’s website. This includes liabilities asserted against The Webmaster, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by The Client, its agents, employees or assigns.
The Client also agrees to defend, indemnify and hold harmless The Webmaster against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over The Client’s website. This includes infringing upon on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
The Client agrees that The Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold
harmless, protect, and defend The Webmaster and its subcontractors from any claim, suit, penalty, tax, or tariff arising from The Client’s use of Internet electronic commerce.
The Webmaster, its employees and subcontractors agree that, except as directed by The Client, it will not at any time during or after the term of this Agreement disclose any confidential information to any person whatsoever. Likewise, The Client agrees that it will not convey any confidential information obtained about the Webmaster to another party.
If The Client desires to cancel a Pay-As-You-Go service plan agreement, no action is necessary.
If The Client desires to cancel a Fixed Monthly Service Plan, there is a 10 day notice of cancellation prior to the next month’s billing required by either party. Notice must be given in writing via email.
This contract constitutes the sole agreement between The Webmaster and The Client regarding its website maintenance
service. This agreement shall be governed by the laws of the [Country / State / Province].
I,_____________________________, assert that I have the authority to make decisions concerning this project, and that I have the authority to promise payment to The Webmaster for services rendered. I assert that I have read The Webmaster’s Website Maintenance Agreement and understand the contents herein.
Per:____________________________
Title:__________________________
Witness: _______________________
Per:____________________________
Title:__________________________
Witness: _______________________