Cloud Websites Terms and Conditions

It would be great if we didn't need contracts, but it is appropriate to protect both parties in the unlikely event something goes wrong. I have researched several and done my best to keep this simple, short and effective.

For clarity, we have set this contract up so that it automatically comes into effect when you instruct Cloud Websites to build your website and you submit "Form one".

Web Site Design Contract

Schedule of references to this contract

This AGREEMENT is dated and in effect as of “Date” between "Client" and "Consultant". This agreement is with respect to the design of Clients website, hereinafter referred to as the "Work." 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:

CONFIDENTIALITY:

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:

1. is already known to the party to which it is disclosed;
2. is, or becomes part of the public domain without breach of this Agreement;
3. is obtained from third parties, which have no obligations to keep confidential to the parties to this Agreement.

DESCRIPTION OF WORK:

A separate Proposal will describe the Work that is required of Consultant for the Client.

PAYMENT SCHEDULE:

The full length of this contract is as follows:

Starting date is “Date” and estimated completion date is no greater than 30 days for the total amount of the “Fee”.

Client shall pay Consultant “Deposit”, prior to project commencement.

The balance of the “Fee” and any other dispersments, is due on completion date, and prior to file relinquishment, or upload and/or assembly of website on Client's web server.

Accounts must be paid as agreed. Where accounts fall overdue by more than 30 days, CloudWebsites reserves the right to replace the site header with a header advising the account is overdue. Where an account is overdue by more than 60 days, CloudWebsites reserves the right to remove the site from the host.

DUE DATES:

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.

Where the Client delays any stage for a period exceeding 20 working days, the Consultant may terminate the contract under frustration.

FEES & ADDITIONAL SERVICES:

Changes in client input or direction or excessive changes will be charged at “Hourly rate”. Any work the Client wishes Consultant to create, which is not specified in the DESCRIPTION section 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.

EXPENSES:

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, Stock photography, Travel, Telephone Consultation). The Consultant will seek approval from the Client prior to incurring any expenses in addition to the agreed fee.

ASSIGNMENT OF WORK:

Consultant reserves the right to assign other designers or subcontractors to the Work to ensure quality and on-time completion.

RESERVATION OF RIGHTS:

All rights not expressly granted hereunder are reserved to Consultant, including but not limited to all rights in sketches, comp's, or other preliminary materials.

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.

PUBLICATION:

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.

HOSTING:

The Client may request CloudWebsites to host there website on their behalf. CloudWebsites will do so at their sole discretion and will charge the annual fee in advance. The Client accepts that they will not have any direct access to the files. CloudWebsites will transfer the website to the Clients host within seven days of any such request (providing all information required to do so is supplied).

COPYRIGHT NOTICE:

Copyright is in Consultant's name. Upon completion of Work, the copyright will only be released to the Client upon the Consultant's signing of the Release of Copyright.

TERMINATION:

Either party may terminate this Agreement by giving 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 New Zealand and applicable therein.

The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.

On behalf of the Client:   Through submission of [Form one]  "Date"

On behalf of Consultant:    Andrew Burden, "Date"