web Design & development Agreement
This contract is to signify that Spade Designs will reserve the rights and be the sole owner of all work (website design and development) designed by Spade Designs for the client.
The transfer of ownership to the client is only valid after full payment for goods has been made. After full payment is made, all rights and ownership of the work created by Spade Designs for the client will be transferred over to the client, and the client will be the sole owner of the work (website design and development) created by Spade Designs for the client.
Payment must be made in 2 instalments of 50% each of the agreed price. The first instalment is due prior to the commencement of any work to be carried out by Spade Designs. The second instalment will be due upon the successful completion of the project, however, prior to the launch of the client’s website. Both the first and second instalments are each non-refundable.
The host of the website will be a third party company which is to be determined. Additional costs for the website host will be a separate cost between the client and the third party hosting company and not Spade Designs.
The turnaround time for the creation of the website is a maximum of 4 weeks after the first instalment is paid as well as after all the content for the client’s website has been handed over to Spade Designs. The turnaround time can vary in length depending on when the client hands over all the content to Spade Designs. If the presented website is disliked by the client, they can opt to have a different entity other than Spade Designs work on their project. Alternatively, they can have Spade Designs make revisions to the project.
All revisions are free and limitless. Free revisions cannot be made after the website has been launched. Revisions can be made after the website has been launched if the client subscribes to a monthly or annual website maintenance package from Spade Designs. If the client wishes not to subscribe to one of Spade Designs’ Website Maintenance Packages, each set of revisions will be charged at $50.00 an hour.
In the event the client wishes to terminate their project, Spade Designs will own all the work (website design and development) and has the right to complete, exhibit, and/or sell the created work.
A written approval from the client to Spade Designs indicating the satisfaction on the part of the client toward the work designed by Spade Designs, will both signify and solidify the successful completion of the project. Upon successful completion of the project, what the client will receive from Spade Designs will vary based on whether or not the client has subscribed to a website maintenance package from Spade Designs, as well as the platform used to create the website.
Spade Designs ensures that, except for anything that was given by the client to incorporate into the design(s): (a) Spade Designs’ work will be original and will not be copied in whole or in part from any other work; (b) Spade Designs owns the rights that will be given to the client under this agreement, or has secured such rights to any third-party content incorporated into the final design(s); and (c) this work does not violate the patent, copyright, trade secret or other property right of any person, firm or entity. Spade Designs promises that this agreement does not conflict with any other contract, agreement or understanding to which Spade Designs is a party.
All information provided to Spade Designs by the client (such as proprietary, technical, personal or business information), will not be disclosed to any third party except as may be required by a court or governmental authority.