Website Development Agreement

Website Development Agreement

This Website Development Agreement (here in after referred to as the “Agreement”) is entered and shall be effective as on [Date] By and Between The Customer (hereinafter referred to as the “Client”), having its principal place of business at [Address]

AND

The VIVATECH having its principal place of business at #680/582/1, Mathru layout, Yelahanka New – Town Bengaluru, Karnataka India - 560065

The Client and the VIVATECH are collectively referred to as the "Parties" and "Party" individually.

WHEREAS the Client avails services from the VIVATECH to develop and create, the website

AND WHEREAS, the VIVATECH is interested in undertaking this project and will provide the services to the Client

NOW, THEREFORE, in consideration with the mutual covenants and promises between the Parties, hereby agree as follows:

Terms and Conditions

1. VIVATECHs' Obligation

   The Client hereby retains the services of the VIVATECH to create, design, and develop the websites as per the business plans submitted by the Client. The VIVATECH will start working from the date of advance payment.

2. Clients Obligation

   The Client agrees to provide all the assistance and information to the VIVATECH promptly. All the content for the website such as text, images, design, video, and any other necessary information will be provided by the Client.

3. Web Hosting and Design

   The VIVATECH shall provide Web Hosting services to the Client’s website once the development is complete. The Design of the Website shall be in conformity to the Clients requirements.

4. Payment

   The Client agrees to pay to the VIVATECH a total sum of [Amount] after the completion of the project. The payment will be made by cash/card/bank transfer/online payment. The payment shall cover all the work done by the VIVATECH for designing and working on the website.

5. Invoice

   The VIVATECH shall invoice the Client on a 15 days basis for the amount of work done during the applicable 15 days. All payments are due fifteen (15) days after the receipt of a payable invoice. If there is a dispute with regard to completion of work or an invoice payable, the amount of the invoice in dispute shall not be due until the dispute is resolved.

6. Expenses

   Unless as expressly agreed in writing the Client shall bear all the expenses arising from the performance of obligations under this Agreement on its own.

7. Term

   This Agreement shall be effective as on the effective date [Date] and shall remain in full force for a period of [Years] unless otherwise terminated.

8. Termination

   Either Party may terminate/cancel this Agreement by written notice to the other Party. In case of breach of the terms and conditions herein by any Party, the Party in breach shall remedy it within 15 days upon receiving such notice of the breach. Failure to remedy the breach will lead to the termination of this Agreement without prior notice.

9. Copyright Policy

   The VIVATECH reserves the intellectual property rights of the Client and shall not knowingly post content that is subject to trademark, copyright, or other intellectual property rights. The Client agrees that all the information provided to the VIVATECH including but not limited to business names, logos, content, or any other information which is solely owned by the Client; the Client has the right to publish such content.

10. Confidentiality

    The VIVATECH agrees to maintain the Clients’ business, proprietary, trade secrets, and other information as confidential and not to disclose any information that relates to the Clients property to any third party. The VIVATECH further agrees that the Client information shall be solely used for business purposes only.

11. Indemnification

    The Client agrees to indemnify the VIVATECH against any claim, damages, cost, loss, expense, or any kind of liability arising by the Indemnities in connection with any claims, suits, demands, arising out of this Agreement.

12. Arbitration

    In the event of any dispute arising in and out of this Agreement between the Parties, it shall be resolved by Arbitration. There shall be one or more Arbitrators, which shall be appointed by mutual understanding of both the parties. The place of Arbitration shall be Bangalore in the state of Karnataka. The arbitrators’ decision shall be final and will be binding upon both the Parties.

13. Miscellaneous
    1. Time of Essence - Time is of the essence to the performance of the Parties’ obligations under this Agreement as mentioned
    2. Force Majeure - Neither Party shall be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, labor stoppage, war or military hostilities or inability of carriers to make scheduled deliveries nor any payment or delivery date shall be extended to the extent of any delay resulting from any force majeure event.
    3. Severability - In the event, any provision of this Agreement is deemed to be invalid or unenforceable, in whole or part, that part shall be severed from the remainder of this Agreement and all other provisions shall remain in full force and effect as valid and enforceable.
    4. Governing Law - This Agreement shall be governed in all respects by, and be construed in accordance with, the laws of The State of Karnataka.
    5. Notices - Any notices required or permitted by this Agreement shall be in writing and delivered by certified mail or courier to the above mentioned address.
    6. Entire Agreement - The Parties acknowledge that this Agreement sets forth and represents the entire Agreement between both Parties. If the parties are willing to change/add/modify any terms, they shall be in writing and signed by both Parties.