Web Development and Design Agreement
This Web Development and Design Agreement (this “Agreement”) is made effective as of the date of purchase, by and between the purchaser (the “Client”), and Matt Blanchette (the “Web Developer”), of 2940 N. Prospect St. #7889, Colorado Springs, CO 80907. In this Agreement, the Client shall be referred to as “the Client”, and the Web Developer shall be referred to as “Matt Blanchette”.
WHEREAS, Matt Blanchette possesses technical expertise in the field of computer programming and, in particular, the creation and development of website technology and graphic design; and
WHEREAS, the Client desires to engage Matt Blanchette, and Matt Blanchette accepts the engagement in accordance with the terms and conditions set forth in this document and additionally outlined in the Invoice provided to the Client (the “Invoice”).
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Client and Matt Blanchette agree as follows:
RETENTION OF DEVELOPER. The Client hereby retains the services of Matt Blanchette for the Web Development and Graphic Design Project to be published on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer (Hosting Service).
DESCRIPTION OF SERVICES. Beginning on the payment of the Invoice and the receiving of a down payment (if applicable) Matt Blanchette will provide the services connected with the development of the Website and Graphic Design Services for the Client (collectively, the “Services”) as described in the Invoice.
PAYMENT FOR SERVICES. In consideration of the services to be performed by Matt Blanchette, the Client agrees to compensate Matt Blanchette for the services rendered as outlined in the Invoice
Any additional services not specified in Description of Services, above, will be pre-approved in writing and charged to the Client on an hourly rate basis at Matt Blanchette’s standard hourly rate of $75.00 per hour.
PAYMENT/LIMITATIONS OF THIRD-PARTY SOFTWARE. The Client understands and agrees they are to purchase and cover the entire costs of any paid third-party software (including but not limited to WordPress themes and accessory plugins) prior to its use towards the website. The Client further understands and agrees that Matt Blanchette does not guarantee the compatibility or corresponding effectiveness of software developed by third parties.
WEB HOSTING. The Client understands and agrees that any web hosting services require a separate contract with a web hosting service. The Client, agrees to select a web hosting service which allows Matt Blanchette full access to the website.
TERM/TERMINATION. This Agreement will terminate upon completion of the Services outlined in the Client’s Invoice.
RELATIONSHIP OF PARTIES. It is understood by the parties that Matt Blanchette is an independent contractor with respect to the Client, and not an employee of the Client. The Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Matt Blanchette.
WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by Matt Blanchette in connection with the Services shall be the exclusive property of the Client. Upon request, Matt Blanchette shall sign all documents necessary to confirm or perfect the exclusive ownership of the Client to the Work Product.
HOWEVER, the Work Product does NOT include nor pertain to any Custom Code, Site/Page Templates, or otherwise programmatic solutions developed by Matt Blanchette or associated employees or contractors. All programmatic solutions developed in accordance with the Services are considered transportable, modular, and in essence un-protectable, under the GNU General Product License.
CONFIDENTIALITY. Matt Blanchette will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Matt Blanchette, or divulge, disclose, or communicate in any manner any information that is proprietary to the Client. Matt Blanchette will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement.
EMPLOYEES. Matt Blanchette’s employees, if any, who perform services for the Client under this Agreement shall also be bound by the provisions of this Agreement. At the request of the Client, Matt Blanchette shall provide adequate evidence that such persons are Matt Blanchette’s employees.
However, Matt Blanchette and his employees, if any, are allowed to use in their respective portfolios, the Client’s branding as well as services performed for the Client that do not infringe upon said proprietary information above both during and after the Service’s completed development.
FOOTER TAG. Matt Blanchette retains the right to include a promotional link in the Work Product’s footer stating responsibility for the web site’s completed development. This link may not be altered unless a prior or subsequent arrangement is agreed to in writing.
ASSIGNMENT. Matt Blanchette’s obligations under this Agreement may not be assigned or transferred to any other person, firm, or corporation without the mutual written consent of the Client and Matt Blanchette.
ENTIRE AGREEMENT. This Agreement and the Invoice contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written.
SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
AMENDMENT. No amendment, waiver, or discharge of any provision of this Agreement shall be effective against the Client or Matt Blanchette without the written consent of both the Client and Matt Blanchette.
NOTICES. Any notice required to be given pursuant to this Agreement shall be in writing and sent via electronic mail to the Client’s email account created on payment of the Invoice.
APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Colorado