Terms Of Agreement
This agreement is with respect to the design of Client’s website, hereinafter referred to as the “Work.” Whereas, Consultant is a professional web designer of good standing; Whereas, Client wishes Consultant to create certain Work described more fully herein; and Whereas, Consultant wishes to create such Work; Now, therefore, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows:
The Client and Consultant may disclose confidential information one to the other to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:
is already known to the party to which it is disclosed; is or becomes part of the public domain without breach of this Agreement;
1.3 DESCRIPTION OF WORK
The Owner request the Designer provide the design coding and skins that are necessary for the exploitation of his next website designated as mywebsite.com, according to the scope of work described in the section 2 of the present agreement.
1.4 PAYMENT SCHEDULE
The full length of this contract is as follows: The total contract value is 2,000 US Dollars (Two thousand american dollars, without VAT.
Client shall pay Consultant 50% of the total amount as a deposit for project commencement.
The remaining balance should be paid after the Party A handover the works to Party B.
1.5 DUE DATES
The Designer should end over the work no later than 45 calendar days after reception of the down payment.
Consultant agrees to deliver samples of design on dates as agreed upon in the Proposal. Consultant will make every effort to meet agreed upon due dates. The Client should be aware that failure to submit required information or materials may cause subsequent delays in the production. Client delays could result in significant delays in delivery of finished work.
1.6 FEES & ADDITIONAL SERVICES
Changes in client input or direction or excessive changes will be charged as extra work. Any work the Client wishes Consultant to create, which is not specified in the quotation (section 2 of this agreement), or in the attached Proposal will be considered an additional service. Such Work shall require a separate Agreement and payment separate from and above that specified in this Agreement. New work requested by Client and performed by Designer after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, the Designer will submit a proposal revision memo to Client, and a revised additional fee must be agreed to by both parties before further work proceeds.
Client agrees to reimburse Consultant for any of the following expenses necessary in completion of the Work: (e.g. Fonts, Messengers, Proofs, Props, Research, Shipping, Software, photos, Stock photography, Travel, Telephone Consultation). Additional expenses must be agreed to by both parties before proceeds.
1.8 ASSIGNMENT OF WORK
Consultant reserves the right to assign other designers or subcontractors to the Work to ensure quality and on-time completion
1.9 RESERVATION OF RIGHT
All rights not expressly granted hereunder are reserved to Consultant, including but not limited to all rights in sketches, comps, or other preliminary materials.
1.10 PERMISSIONS AND RELEASES
The Client agrees to indemnify and hold harmless Consultant against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
The Client may publish or disclose information regarding the Work and shall acknowledge the support of Consultant in all such publications. The Client will not use the name of Consultant, in any advertising or publicity without the prior written approval from the Consultant. The Consultant will not use the name of Client, in any advertising or publicity without the prior written approval from the Client.
For any payment transaction. The designer must supply a legal (red) invoice to the Client before any transaction.
Either party may terminate this Agreement by giving prior 30 days written notice to the other of such termination. In the event that Work is postponed or terminated at the request of the Client, Consultant shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client’s written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Consultant and the Consultant shall own all rights to the Work.
The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
The Client and Consultant are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor Consultant has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.
This Agreement shall be governed by and construed in accordance with the laws of the Socialist Republic of Vietnam, applicable therein.
2.1 Description of the Work
2.2 Website Requirements
The service provider responsible for the implementation of the initial site mywebsite.com should at least ensure the following services (see site map description).
Defining a practicable site architecture with the following characteristics: