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Document Description
This Service Agreement is a legally binding document that outlines the terms and conditions between the servicer and the customer for the provision of website development services. This agreement ensures the servicer is providing services professionally and diligently, complying with all applicable laws and regulations.
The agreement is divided into several sections. Section 1 defines key terms used throughout the agreement, ensuring clarity and understanding, while section 2 outlines the scope of services to be provided and the standards to be followed.
Section 3 emphasizes the importance of timely performance and sets a completion date for the services. It also allows for extensions if necessary. Section 4 denotes the number of revisions allowed for deliverables and the charges for additional revisions.
Section 5 details the payment terms, including the schedule of payment and late charges for overdue invoices. It also addresses any additional expenses that may be incurred by the servicer and the process for invoicing and dispute resolution.
Section 6 confirms that the servicer is an independent contractor and there is no employer-employee relationship or partnership created, while Section 7 requires the servicer to obtain necessary licenses and maintain appropriate insurance coverage.
Section 8 ensures that the customer can report any defects in the services and that the servicer will rectify them promptly. It also limits the servicer's liability and includes an indemnification clause.
Section 9 specifies the duration of the agreement and the conditions under which either party can terminate it. It also addresses the consequences of termination, including outstanding balances and ownership of materials.
Confidentiality, announcements/publicity, amendment, assignment, severability, further assurance, warranty of capacity and power, force majeure, and no rights under contracts for third parties are all covered in separate sections. The agreement also includes provisions for arbitration, proper law, notices and service, and counterparts.
Overall, this Service Agreement is a comprehensive and detailed document that protects the interests of both the servicer and the customer, ensuring clear expectations and obligations throughout the provision of website development services.
How to use this document?
To use this Service Agreement - Website Development Services, follow these steps:
1. Enter the names and principal places of business of both parties in the agreement. This ensures clear identification of the parties involved.
2. Specify the agreed price and completion date for the services to be provided. This helps establish expectations and deadlines.
3. Clearly describe the type(s) of services to be provided by the servicer. This ensures both parties are aware of the scope of work and can avoid misunderstandings.
4. Agree on the length of warranty and time of payment after the completion of the work. This ensures clarity on payment terms and the duration of the warranty.
5. Specify the amount of damages per week that the customer is entitled to if the work is not completed by the completion date. This highlights the consequences of non-completion.
6. Discuss any revisions desired by the customer and agree on the number of revisions allowed and any associated charges.
7. Determine the service fee and payment schedule. The servicer should invoice the customer prior to the payment date and include any expenses incurred.
8. Keep an exact record of any expenses and submit an invoice itemizing each expense with proof of purchase and receipt.
9. Notify the servicer in writing of any dispute with an invoice and provide supporting documentation or a detailed description of the dispute.
10. Furnish the necessary supplies and equipment to deliver and complete the services unless otherwise agreed upon.
11. Understand that the servicer is acting as an independent contractor, and neither party has the authority to bind or obligate the other.
12. Ensure that the servicer obtains the required licenses and maintains appropriate insurance coverage.
13. Promptly report any defects in the services to the servicer and allow them the opportunity to rectify the issues.
14. Indemnify the servicer against any liabilities arising from acting as the service provider.
15. Comply with the agreed termination conditions, including payment of outstanding balances.
16. Respect the servicer's intellectual property rights and understand that the license to use the deliverables will terminate upon agreement termination.
17. Keep all confidential information disclosed during the agreement confidential.
18. Obtain prior written approval for any announcements or disclosures related to the agreement.
19. Seek written consent before assigning or sub-contracting the performance of the agreement.
20. Understand that certain provisions may be unenforceable or illegal and may require negotiation to establish valid substitute provisions.
21. Perform all necessary acts and execute any additional documents required to implement and give effect to the agreement.
22. Understand that force majeure events may excuse a party from performing its obligations under the agreement.
23. Remember that the agreement does not create any rights for third parties.
24. Follow the specified procedures for giving notice, whether by hand, email, or post.
25. Keep in mind that this agreement may be executed in multiple counterparts, with each counterpart considered an original document.
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