Agreement for developing and hosting Website
| Updated at | March 2010 |
Agreement made this.... day of.... between XYZ Pvt. Ltd. Co. registered under the Indian Companies Act, 1956 and having its registered office at.... hereinafter referred to as the Company (what express shall be deemed to include its successors and assigns) of the one part and M/s..... a partnership firm consisting of (1)..... (2)..... (3).....as partners having its office at.....hereinafter referred to as the Customer (which expression shall be deemed to include the partners or partner for the time being of the said firm and the heirs, executors and administrators of the last survivor of them of the other part.
WHEREAS,
(1) The Company has expertise in providing, designing, programming and rendering other consulting services in the field of developing and hosting Website.
(2) The Customer firm is carrying on business of various types such as manufacturing, sale and purchase of several products etc. and also advertising the products and proposes to host a Website in its computer system with a view to advance its business nationally and internationally and has requested the Company to provide a Website at its office premises mentioned above which the Company has agreed to do on the following terms and conditions agreed upon between the parties hereto.
(4) The parties propose to record the terms and conditions agreed upon between the parties as follows:
Now it is agreed by and between the parties hereto as follows:
(1) The Company shall provide design, programming and other consulting services as specified in the Schedule A hereto for the Design fee mentioned in Schedule 'B' hereto annexed. The Company shall provide the work product (as hereinafter mentioned) to the Customer in accordance with the Schedule A hereto annexed, the time mentioned in the said Schedule being essence of the contract.
(2) The Customer shall deliver to the Company all the text, pictures, sound, graphics, video and other data (hereinafter referred to as the Content) which the Customer intends the Company to incorporate into the Work Product that is all the HTML files, graphic files, animation files, data files, technology, scripts and programs both in the object and source code from all documentation and any other deliverables prepared for the Customer by the Company as Provider in accordance with the terms and conditions of this agreement. The said Content will be in the format as required by the Company.
(3) The Company shall provide the design, programming and other consulting services which are specified in Schedule 'A' hereto annexed. The Company shall also provide the Work Product referred to in clause (2) above to the Company in accordance with the following delivery schedule.
(a) Parties to agree on site goals;
(b) the Company and the Customer to agree on list of items to be included in Website sorted into topical categories;
(c) the Company to prepare Website story board including navigation scheme;
(d) the Company to develop design, parameters for pages;
(e) the Customer to test and make proto type design;
(f) Customer to specify changes to the proto type that are required to conform to specifications and/or to address issues not contemplated by specifications. Specifications means the customer's requirement set forth in the said Schedule 'A' or as may be amended with the consent of the parties hereto;
(g) Company to resubmit revised proto type;
(h) the Company to develop Style Guide;
(i) the Company to make final version of the Work Product referred to in clause (2) above available on shadow site;
(j) the Customer to accept the final version of the said Work Product within 30 days to assess whether it meets the specifications.
(4)The Customer shall, in consideration of the services to be rendered by the Company including monthly services pay to the Company a fee as stated in Schedule 'B' hereto annexed.
(5) For the monthly Web Hosting Fee to be paid to the Company as stated in Schedule 'B' the Company shall provide, the following services such as ongoing HTML mark ups, Content reloads, servers, maintenance, hardware, software and Internet connection upgrades, site navigation and linking testing and end user support, customer technical support, server log analysis, specification of security levels provided by the company, transaction software to process transactions on line, storage space on the server or secure access to Website to monitor performance, access to telecommunications, software, Website analysis/tracking software.
(6) In the event any provider tools are incorporated into or used in connection with the Website or used to manipulate the content for distribution on the Website the Company grants to the Customer a worldwide non exclusive...
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