This Web Development Agreement (this "Agreement") is made effective as of March 13, 2015, by and between Pizza Shop, of 30 main street, worcester, Massachusetts 01060, and Innovative Web Design Ideas, of 1028 stony hill rd, wilbraham, Massachusetts 01095. In this Agreement, the party who is contracting to receive the services shall be referred to as "Pizza Shop", and the party who will be providing the services shall be referred to as "IWDI".
WHEREAS, Web Developer IWDI possesses technical expertise in the field of computer programming and, in particular, the creation and development of website technology; and
WHEREAS, Client Pizza Shop desires to engage Web Developer IWDI, and Web Developer IWDI accepts the engagement, to design a World Wide Web site (Web Design Project) in accordance with terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, Client Pizza Shop and Web Developer IWDI agree as follows:
RETENTION OF DEVELOPER. Client Pizza Shop hereby retains the services of Developer for the Web Design Project to be published on Client Pizza Shop's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer (Hosting Service), or provided on disk at Pizza Shop's option.
DESCRIPTION OF SERVICES. Beginning on 3/31/2015, IWDI will provide the following services connected with the development of the Website (collectively, the "Services"): Web Design and Development
PAYMENT FOR SERVICES. In consideration of the services to be performed by IWDI , Pizza Shop agrees to compensate IWDI for the services rendered as follows:
IWDI's fees for the services specified in Description of Services, above, and for any additional services, will be charged at $50.00/month billed $600 annually at the completion of the site.
WEB HOSTING. Free
SUPPORT AND MAINTENANCE. Free
TERM/TERMINATION. This Agreement may be terminated by either party upon 30 days written notice to the other party.
RELATIONSHIP OF PARTIES. It is understood by the parties that IWDI is an independent contractor with respect to Pizza Shop, and not an employee of Pizza Shop. Pizza Shop will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of IWDI.
LAWS AFFECTING ELECTRONIC COMMERCE. Pizza Shop agrees that Pizza Shop is solely responsible for complying with laws, taxes, and tariffs that governments enact and fix from time to time in connection with Internet electronic commerce, and shall indemnify, hold harmless, protect, and defend IWDI and its subcontractors from any cost, claim, suit, penalty, tar, or tariff, including attorneys' fees, costs, and expenses, arising from Pizza Shop's exercise of Internet electronic commerce.
CONFIDENTIALITY. IWDI will not at any time or in any manner, either directly or indirectly, use for the personal benefit of IWDI, or divulge, disclose, or communicate in any manner any information that is proprietary to Pizza Shop. IWDI will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement.
EMPLOYEES. IWDI's employees, if any, who perform services for the Pizza Shop under this Agreement shall also be bound by the provisions of this Agreement. At the request of the Pizza Shop, the IWDI shall provide adequate evidence that such persons are IWDIs employees.
ASSIGNMENT. IWDI's obligations under this Agreement may not be assigned or transferred to any other person, firm, or corporation without the prior written consent of the Pizza Shop.
ENTIRE AGREEMENT. This Agreement 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 Pizza Shop or Developer without the written consent of both Pizza Shop and Developer.
NOTICES. Any notice required to be given pursuant to this Agreement shall be in writing and mailed by certified or registered mail, to the addresses mentioned above.
APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Massachusetts.
SIGNATURES. This Agreement shall be signed by Sa Nguyen, Owner on behalf of Pizza Shop and by Sa Nguyen, Owner on behalf of Innovative Web Design Ideas. This Agreement is effective as of the date first above written.