Web Development Agreement This contract agreement has been prepared for Example Customer. EmailThis field is for validation purposes and should be left unchanged.Web Development AgreementPrepared For: FirstName LastName Company NamePrepared By: Kyle Vander Hoeven KV Creative1. Parties InvolvedDeveloper: Kyle Vander Hoeven KV Creative [email protected] 250-858-2471Client: FirstName LastName Company [email protected] 555-555-5555Primary Project Contact:(Required)To avoid having "too many cooks in the kitchen" and ensure that nothing is missed, every project should have a primary point of contact. This person is the decision-maker. All decisions will be communicated by this person. Who will be the Primary Project Contact? Me Someone Else Primary Project Contact First Last TitleEmail PhonePrimary Content Provider:(Required)This person is the content provider. All content (copy, photos, media) will be provided by this person. Who will be the Primary Project Contact? Me Someone Else Primary Content Provider First Last TitleEmail Phone2. Project DetailsA brief overview of the web development project's primary goals, features, and deliverables. [Provide a more detailed description of the project here.]Start Date: [Project Start Date] End Date: [Projected End Date]Milestones serve as major checkpoints or stages in the project, ensuring that both parties are aligned on expectations and deliverables. Milestone 1 First Check-In: Initial review of the first draft of the website. This is where we review and agree upon the design direction. Milestone 2 Second Check-In: Final review of the website, prior to making adjustments for tablets and mobile devices. At this point, the design direction is FINAL. Any major changes to the design direction will require a reassessment of the project budget and a readjustment of any agreed-upon timelines for completion. Milestone 3 Final Check-In: Website is launch-ready and a final review of the content will be completed by you (the client) before you give the greenlight to go live. Agreement(Required) I confirm that I have read and understood the terms outlined above. 3. Scope of ProjectProject Requirements Custom booking engine Custom user interface for adding and modifying rental properties Custom animations Custom graphics, icons and photo editing Video integration SSL certificate installation Hosting setup and migration Google Analytics setup Content writing and proofing Quality Assurance testing Technical Overview Content Management System (CMS) Platform: WordPress WordPress Theme: ‘Pro’ theme by Themeco Contact form: Gravity Forms APIs and Integrations: WooCommerce and Events Calendar Agreement(Required) I confirm that I have read and understood the terms outlined above. 5. Budget and Payment Total Project Cost The agreed total amount for the project is [Specify Amount] Payment Schedule Upfront/Deposit: [Specify Percentage or Amount] payable upon signing the agreement. Milestone Payments: After Milestone 1 complete: [Specify Percentage or Amount] After Milestone 2 complete: [Specify Percentage or Amount] After Milestone 3 complete: [Specify Percentage or Amount] Final Payment: [Specify Percentage or Amount] payable upon project completion and acceptance. Accepted Payment Methods [Bank Transfer, PayPal, Credit Card, etc.] Late Payment Policy Payments overdue by [Specify Number] days will incur a [Specify Percentage] late fee. Further delays may result in a halt in project work until outstanding balances are settled. Agreement(Required) I confirm that I have read and understood the terms outlined above. 6. Intellectual Property and Copyright Ownership Rights Upon full payment and completion of the project, the intellectual property rights of the developed website/software will be transferred to the Client. Until then, all rights remain with the Developer. Usage Rights Maintenance: The Client has the right to maintain, update, and modify the website or software after the completion of the project. If not stated otherwise, maintenance post-launch is the responsibility of the Client. Marketing: The Developer reserves the right to showcase the completed project in portfolios, marketing materials, and case studies unless otherwise specified by the Client. Third-party Materials Any third-party materials used in the project (e.g., stock photos, plugins, software) that have their licensing terms will remain under those terms and may not transfer to the Client upon project completion. Agreement(Required) I confirm that I have read and understood the terms outlined above. 7. Client Responsibilites Provision of Materials The Client agrees to provide all necessary materials in a timely manner to aid the development process. Including: Website content, unless The Developer has been contracted for copywriting services Branding materials, including branding guidelines and logos, unless The Developer has been contracted for graphic deign services Photos and/or graphics, optimized for the website unless agreed that The Developer will create and/or optimize them Any stock photos required for the website will be purchased by The Client and provided to The Developer unless agreed to be incorporated into the budget Any relevant documents requiring upload to the completed website Feedback and Approvals The Client commits to providing feedback, revisions, and approvals within [Specify Number of Days, e.g., "5 business days"] of receiving requests from the Developer. Delays may result in project timeline extensions. Access The Client will grant the Developer access to necessary platforms, including hosting accounts, servers, or software when required for the completion of tasks. Agreement(Required) I confirm that I have read and understood the terms outlined above. 8. Testing and Acceptance Testing Procedures The Developer commits to a thorough testing process, ensuring the website/software functions correctly across specified devices, browsers, and conditions. This includes, but is not limited to, functionality tests, performance tests, and security assessments. Client Review Upon reaching a project milestone or the completion of a particular component, the Developer will provide the Client with a version for review and feedback. Acceptance Criteria Acceptance of the project occurs when the website/software meets the agreed-upon specifications and functions without critical bugs or issues. Minor bugs or non-critical issues that do not significantly impede the operation will be addressed in subsequent updates. Revisions After the Client's review, there will be a revision period where the Developer will address feedback. If additional revisions are needed beyond what was initially agreed upon, they may be subject to additional charges. Agreement(Required) I confirm that I have read and understood the terms outlined above. 9. Change Orders Definition A "Change Order" refers to any request by the Client to alter, add, or reduce the scope of work after the agreement has been signed. Procedure Should the Client wish to implement a Change Order, a formal request must be submitted in writing to the Developer. This should detail the changes and the reason for the request. Evaluation Upon receipt of a Change Order request, the Developer will evaluate the impact on the project, including potential delays and cost adjustments. A revised estimate and timeline will be provided to the Client. Approval and Implementation Once both parties agree on the revised terms, the Change Order will be documented and appended to this agreement. The changes will then be implemented as per the updated plan. Additional Costs Change Orders may result in additional charges beyond the originally agreed-upon budget. All such charges will be clearly communicated and require the Client's approval before proceeding. Agreement(Required) I confirm that I have read and understood the terms outlined above. 10. Maintenance and Support Post-Launch Maintenance and Support Upon completion of the project, the Developer will offer the Client options regarding website maintenance services provided by the Developer Upon completion of the project, the Developer agrees to a (1) Zoom call to provide training for how to maintain the website independently. This call can be attended by one or more individuals as designated by the Client Scope of Maintenance Maintenance includes, but is not limited to, bug fixes, performance optimizations, and minor updates. Any significant overhauls or additions will be considered out of scope and may require a new agreement or a Change Order. Support Channels The Client can reach out for support through [specify methods, e.g., "email, phone calls, or a dedicated support portal"]. Exclusions Maintenance does not include content updates, redesigns, or adding new functionalities not originally covered in the project scope. Agreement(Required) I confirm that I have read and understood the terms outlined above. 11. Cancellation and Refunds Client-Initiated Cancellation Should the Client wish to cancel the project before its completion, they must provide written notice to the Developer. Upon cancellation, the Client is responsible for any work completed up to the point of cancellation and will be billed accordingly. Developer-Initiated Cancellation In rare circumstances, if the Developer is unable to complete the project due to unforeseen events or challenges, they reserve the right to terminate the contract with written notice. In such cases, a prorated refund will be provided based on the work that has not been delivered. Refunds Refunds, if applicable, will be processed based on the milestones achieved and the percentage of the project completed. Any upfront deposits are non-refundable but will be considered in the overall financial settlement. Penalties If either party fails to fulfill their obligations as outlined in this agreement, they may be subject to penalties or compensations as detailed in the agreement or as negotiated between the parties. Agreement(Required) I confirm that I have read and understood the terms outlined above. 12. Liability and Insurance Limitation of Liability The Developer's total liability under this agreement, whether for breach of contract, tort (including negligence), or otherwise, shall not exceed the total amount paid by the Client to the Developer under this agreement. No Indirect Damages Neither party will be liable for indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, even if the party had been advised of the possibility of such damages. Indemnification Both parties agree to indemnify and hold harmless each other, their respective affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the work performed under this agreement, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees. Agreement(Required) I confirm that I have read and understood the terms outlined above. 13. Force Majeure Definition "Force Majeure" refers to events outside the reasonable control of either party, including but not limited to acts of God, war, terrorism, pandemics, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, or accidents. Non-liability Neither party will be held liable for any failure to perform its obligations if such a failure is as a result of acts of Force Majeure. Notification If a party believes that a Force Majeure event is taking or has taken place, it should immediately notify the other, detailing the anticipated impact and duration of the Force Majeure event. Obligations Both parties will use all reasonable endeavors to mitigate the effects of the Force Majeure event and to resume performance of the contract as soon as reasonably possible. Terminations If the Force Majeure event continues for more than [e.g., "60 days"], either party has the right to terminate the contract without any additional liabilities, other than the obligations already accrued up to the date of termination. Agreement(Required) I confirm that I have read and understood the terms outlined above. 14. Termination By Mutual Agreement This contract can be terminated by mutual agreement of both parties in writing. Any obligations or duties to be fulfilled post-termination will be specified in the termination agreement. By Notice Either party may terminate this agreement by providing [e.g., "30 days"] written notice if the other party breaches any of its obligations and fails to remedy that breach within the specified notice period. Immediate Termination Either party may terminate this contract with immediate effect if the other party becomes insolvent, declares bankruptcy, or is unable to pay its debts as they come due. Effects of Termination Upon termination, the Client will pay for all services rendered up to the termination date. Any advance payment for services not yet rendered will be refunded on a prorated basis. Survival Sections pertaining to confidentiality, intellectual property, indemnification, and any other clauses that by their nature should continue beyond the termination of this contract, will remain in effect even after the contract ends. Return of Materials Upon termination, both parties agree to promptly return any proprietary information, documentation, or other materials belonging to the other party. Agreement(Required) I confirm that I have read and understood the terms outlined above. 15. Governing Law and Jurisdiction Governing Law This agreement and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the laws of the province of British Columbia. Jurisdiction The parties irrevocably agree that the courts of the province of British Columbia have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement. Dispute Resolution Both parties commit to seeking a peaceful resolution to any disagreements or disputes related to this agreement. Before resorting to legal action, both parties agree to attempt mediation or another form of dispute resolution. Attorneys Fees In the event of litigation related to this agreement, the prevailing party will be entitled to recover all legal expenses, including but not limited to, attorneys’ fees. Agreement(Required) I confirm that I have read and understood the terms outlined above. 16. Confidentiality Definition of Confidential Information For the purposes of this agreement, "Confidential Information" refers to any data or information that isn't publicly available, and that might be of use to competitors or harmful to the disclosing party if disclosed. Obligations Both parties pledge to hold Confidential Information in strict confidence. Neither party will disclose or use such information without the other's prior written consent, except as necessary to perform their obligations under this agreement. Exclusions Confidential Information does not include data that: Was already known by the receiving party prior to the commencement of their relationship with the disclosing party; Becomes publicly known without a breach of this clause by the receiving party; Is received rightfully by the receiving party from a third party without a duty of confidentiality. Duration The obligations set forth in this section will survive the termination of this agreement for a period of five (5) years. Return or Destruction Upon the request of the disclosing party, the receiving party will return all copies, notes, and other materials containing the Confidential Information or certify its destruction. Agreement(Required) I confirm that I have read and understood the terms outlined above. 17. SignaturesBy signing below, both parties acknowledge and agree to the terms and conditions outlined in this Web Development Agreement. Each party confirms that they are authorized to enter into this agreement on behalf of their respective organizations or in their individual capacity.Developer: Kyle Vander Hoeven KV Creative [email protected] 250-858-2471Client: FirstName LastName Company [email protected] 555-555-5555Signature(Required)Signature(Required)Date(Required) MM slash DD slash YYYY Date(Required) MM slash DD slash YYYY