Website design and development agreement This Contract Agreement is made this...day of...(month), 20...(year), between:... and Aistro IT Solution. Name of authorised person: Business Name ("Client"): Having its principal place of business at: Address: City: State: Zip: Phone: Fax: Email: Aistro IT Solution is in the business of Website design and development services. Having its principal place of business at: Address: City: State: Zip: Phone: Fax: Email: In consideration of Name of Client retaining Aistro IT Solution design or redesign, and/or build and/or maintain an website for Client, it is agreed as follows: 1. CREATION OF WEBSITE 1.1 Engagement of Developer Customer hereby engages the services of the developer for the purpose of designing, creating, testing and delivering the website as per the agreed norms of this signed agreement.
1.2 Website Design and development Within 1 week from the date of execution of this agreement, Client will deliver the items as listed below as necessary for the development of the website or upon the sole discretion of the developer. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the Services ( Content ). The items if applicable for the design of the website to be provided by the client are as follows (a) Content - Aistro IT Solution is not responsible for your Content. You hereby grant Aistro IT Solution a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your Content regularly and frequently. Content to be posted on different pages should be given by the client. Any additional content writing will be chargeable per page (amt to be mentioned). (b) Photographs/Images - Products with image and description should be provided by the client. If all the images are not given then any images will be uploaded from the web and we will not be responsible for copyright. The cloud source CSV link (except from a cloud application called dropbox) will be accepted. (c) Video Files or Sound files You may not upload digital files larger than 300MB or audio files larger than 160MB. You also may not build a site with more than 1,000 navigation pages. (If your site requires more than 1,000 pages, consider using a blog or splitting your content into multiple sites, for both readability and rendering reasons.) (d) Database - A final copy of text will be provided by the Client in a digital format. Pages exceeding that of a normal A4 sized page of text in a 10 to 12 point font may be subject to additional fees for increased formatting time. Text required to be displayed within tables may also incur further charges for increased formatting time, e.g. comparison charts or price lists. Time required to make substantive changes to client-submitted text after a web page has been constructed will be charged at an hourly rate. (e) Logo (additional charge for logo design) - The logo of the client company shall be provided by the client as per the agreement and if the client does not have a logo and wants to have a logo designed, it will be subject to additional charge by Aistro IT Solution and will be additional charged as per quote given by the company.
(f) Other requirements for website development This agreement contemplates the possibility of an e-commerce enabled site. Such projects may require one or more of the following: Secure Certificate encouraged for online transactions; Merchant Account required to accept credit card payments; Real-time Credit Card Processing option for high volume / high sales websites; Aistro IT Solution can assist the Client in obtaining these services. Any charges related to these services are payable to the selected service provider and will be invoiced directly to the Client by the selected service provider. The Client agrees that it is responsible for complying with the laws, taxes, and tariffs related to e-commerce, and will hold harmless, protect, and defend Aistro IT Solution and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's use of Internet electronic commerce. The Client also understands that Aistro IT Solution cannot provide legal advice. (g) Website email address - You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-todate. You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading. 2. DOMAIN REGISTRATION Aistro IT Solution can assist the Client in obtaining a domain name (i.e.www.yourname.com) or alternatively the Client can secure and supply its own. All fees related to securing domain names by Aistro IT Solution on behalf of the Client are payable to the selected domain name registrar and will be invoiced directly to the Client by the selected domain name registrar. It should be the Client desire a specific domain name which is already owned by another party, the Client is solely responsible for negotiations and any costs incurred to acquire that domain name. The domain name will be the property of the Client and as such the Client will be solely responsible for maintaining the said service and any resulting fees. The entire risk in obtaining and maintaining the Client s domain name lies with the Client. In no event will Aistro IT Solution be liable to the Client of any third party for any damages, including loss of profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the Client s domain service.
3. RECOVERING A DOMAIN NAME AFTER EXPIRATION In certain cases, we may be able to recover a Domain Name after it has expired, though in many cases this will not be possible. Aistro IT Solution has the sole discretion to determine whether a Domain Name can be renewed post-expiration. If you forfeit a Domain Name for non-payment, Aistro IT Solution has the right, in its sole discretion, to 3.1 register and use the Domain Name for its own purposes; 3.2 sell or transfer the Domain Name to a third-party; or 3.3 delete the Domain Name and allow any new registrant anywhere in the world to register the Domain Name anew. Further, you agree that Aistro IT Solution may charge the credit card you have on file with Aistro IT Solution to recover any amounts outstanding on your account. 4. SEARCH ENGINE REGISTRATION Should the Client request so, Aistro IT Solution will, to the best of their ability, optimize the Client s website with appropriate titles, keywords, descriptions and text and thereafter process an initial submission of the Client's website to a limited number of major search engines and directories. Aistro IT Solution does not offer advanced search engine optimization and site promotion services. If advanced search engine optimization and site promotion services are desired, Aistro IT Solution can assist the Client in sourcing an organisation that specialises in this area. Any charges related to this service are payable to the selected service provider and will be invoiced directly to the Client by the selected service provider. 5. LIMITATION OF LIABILITY You agree that Aistro IT Solution and its officers, directors, employees, agents, affiliates, subsidiaries, successors, and assigns, and the applicable registries, shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law.
6. COPYRIGHTS AND TRADEMARKS The Client represents to Aistro IT Solution and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Aistro IT Solution for inclusion in the Client's website are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Aistro IT Solution and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client. 7. CONFIDENTIALITY Aistro IT Solution recognizes and acknowledges that this Agreement creates a confidential relationship and that information concerning Client's business affairs, customers, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. All such information concerning Client is hereinafter collectively referred to as "Confidential Information." Also it remains the same in case of the Client that they may not share confidential information of the Company Web developer to any third party and will turn over any document, papers, and other matter in its possession or control that relate to Company and vice-a-versa 8. FEES You verify that your country of residence is the same as your billing address. The Client agrees that website design will not commence until the required fees is paid in full and all final text and images are provided in digital format/ or as asked by the developer accordingly. Aistro IT Solution will provide an initial design concept based on the design brief provided by the Client The following fees shall apply: A fee in the amount of INR has to be paid to complete the agreed upon work. This fee does not include: the cost of domain registration, hosting set up fee, hosting, merchant account, secure online authorization or shopping cart. Maintenance, if included in this contract, shall be on a monthly basis, with a minimum of INR... in any month where updating is necessary. Fees will be assessed on an hourly basis at INR.../hr. No fee will be charged in a month where no updating is necessary. Search engine optimization, beyond the basic submission included herein shall be contracted on the same basis as maintenance.
The Client agrees to indemnify and reimburse Aistro IT Solution for any critical Client requested costs and expenses necessary for the completion of the project. Examples would be: (a) (b) (c) Purchase of specific fonts at the Client's request; Purchase of specific photography at the Client's request; Purchase of specific software at the Client's request; 9. TERMINATION OF CLIENT WEBSITE/ACCOUNT If any of the said rules and policies if not followed the company in this case Aistro IT Solution on its sole discretion can terminate or abort the client website over the internet whichever is necessary. 8.1 Cancellation Cancellation of the project at the request of the Client must be made in writing to Aistro IT Solution. In the event that work is postponed or cancelled at the request of the Client, Aistro IT Solution reserves the right to retain the original 50% OR WHOLE deposit. In the event this amount is not sufficient to cover Aistro IT Solution for time and expenses already invested in the project or any additional payment due will be billed to the Client within fourteen (14) days of notification in writing to stop work. Final payment will be expected under the same terms as listed in the section titled Payment Terms below. 10. TAXES You take full responsibility for all taxes and fees of any nature associated with Services, including any sales tax related to the purchase or sale of Commercial Products. Aistro IT Solution shall not be liable for any taxes or other fees to be paid in accordance with or related to the Commercial Products according to the authority under Govt of India and its rules and regulation to be followed. When purchasing or selling Commercial Products, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority. Any tools provided as Materials or in connection with the Services indicating estimated taxes due are for illustration purposes only. 11. COMPENSATION AND TERM Aistro IT Solution agrees to complete this project within the estimated budget/ agreed fees, unless client requires additional work or services, which will be chargeable and also if client requires multiple design drafts or repeated changes which would significantly increase work and cost of the website.
Aistro IT Solution will not charge any additional fees without specifics given in written /over mail without first consulting the client and reaching an agreement regarding this. If it becomes necessary for Aistro IT Solution to bring legal action to collect any sums due under this Agreement, it shall be entitled to collect, in addition to all damages, its costs of collection, including reasonable attorney's fees. This Agreement shall commence on the date stated above, and shall remain in effect until all obligations under this Agreement have been properly completed. Aistro IT Solution reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion. Aistro IT Solution agrees to protect the Client by specifying a maximum charge in advance after consultation with the subcontractor. Expected subcontractor charges will be listed in the Website Proposal. 12. GOVERNING LAW This agreement shall be governed and construed in accordance with the laws of Gujarat, India. Any legal action arising out of its use shall be brought and enforced under the laws of Gujarat, India. By signing this agreement, both parties agree to submit to the jurisdiction of the courts of Surat, Gujarat, India and any legal action pursued shall be within the exclusive jurisdiction of the courts of Surat, Gujarat (India). 13. COMPLETION DATE Aistro IT Solution and the Client must work together to complete the website in a timely manner for both parties to remain profitable. Aistro IT Solution agrees to work expeditiously to complete this project within a reasonable time frame, but shall have no responsibility for delays caused by the Client or the Client s actions. DISCLAIMER Aistro IT Solution may determine in its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users may be permanently restricted from holding an account or using the Services. If Aistro IT Solution reasonably determines that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your financial data erased. We may also report you to law enforcement officials in the appropriate jurisdictions.
Exhibit A 1. List of product categories 2. Products filters for all categories 3. Reference sites 4. Additional thing on product page 5. Expected design samples for home page 6. Social links 7. Contact details should be shown on website 8. Multiple upload enable ; if yes it will be according to our CSV format 9. Testimonials 10. Fill the excel sheet attached for header and footer details The excel sheet is attached with the agreement. Kindly refer and please fill in the details and forward it to us.