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A website is vital to every business and company who
wants to have a niche online. It plays an important role in the success
of the company or business. An effective website can enhance your
business presence online, expand your potential market, and generate
the profit margins you are seeking for. It can maximize your exposure
and increase your potential reach that you might not be able to achieve
by just having a storefront. Having a website can be achieved in two
ways. One is by building your own site with the use of various web site
design packages and web site design templates, and two is to hire the
services and expertise of a website development company.
A website development company can build an effective
website for you that truly gain results. If you decide to hire one, it
is of outmost important that you and your website development company
sign or bind into a website development agreement.
A website development agreement, just like any other
agreement, is a binding contract between two parties, one ready to
extend services and the other to pay for the said services, who both
agreed on the terms. Website development agreement administers the
relationship between a website developer and a client. This is used
when a client hires the services of the website developer to develop,
design, and implement a website for him/her. A website development
agreement includes the following provisions: scope of services, price
and payment terms, term and termination, ownership of intellectual
property, confidential information, warranty and disclaimer, limitation
of remedies, limitation of liabilities, relation of parties, employee
solicitation and hiring, non-assignment, arbitration, attorney’s fees,
severability, force majeure, no waiver, and entire agreement. It should
also include a statement of work which is included as Exhibit A to help
clearly define the scope of services performed by the website developer
on an ongoing basis for the client. The said statement also establishes
the rights and responsibilities of each party over the term of
Agreement. And in the bottom of the website development agreement, the
date and the names of both parties are affixed together with their
signature to make it effective.
A website development agreement is a way of protecting the client from
any liabilities as well as the website developer in relation to the
whole website development process. The website development agreement’s
statement of work and price and payment terms can help you avoid from
having any conflict as the development process goes along and up to
completion.
One advantage of binding into a website development
agreement when hiring a website developer is that in case problem
arises, there is a clear or paper basis that you can use as evidence.
With the existence of this website development agreement, you can
pinpoint from which party has a liability or not.
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