독립형 플랜 온라인 계약서
Website Construction/Design/Management Contract - Independent Plan
The service requester(hereinafter referred to as ‘the client’) and the service provider intLab.co (hereinafter referred to as ‘the company’) hereby enter into a website development & management contract as specified below:
Article 1: Purpose of contract
The purpose of this contract is to assign roles and responsibilities between the client and the company and to stipulate all matters regarding their mutual transaction so that both parties may contribute to common prosperity and development by faithfully observing this contract based on mutual trust.
Article 2: The client’s scope of work
A. Website production planning and content provision
(sitemap/contents/text/image source/main and sub-copy)
B. Defining contact form
Article 3: The company’s scope of work
1. Website Building(English-based)
A. Production, construction of the client’s website (WordPress based website)
i. Design and produce web page up to 5 pages (Responsive Design)
ii. WordPress and appropriate theme installation and setting
iii. Building a sitemap and data structure
iv. Provide On page SEO plugin – including keyword research, descriptions and tags
v. One on one training session (Provides one-hour session after site build completion)
B. Hosting, Domain, Maintenance Service for the term of this contract
i. Set up domain and hosting which were bought by the client
ii. Website building
2. Hosting, Domain, Maintenance fees are not included in this plan. Extra cost will be charged for additional features, design changes, and page additions.
Article 4: Website production
The company proceeds with the production of the client’s website and follows the basic plan provided by the client for the details. The company conducts the following regarding the client’s scope of work.
A. In according with the client’s request, the company must report to and discuss with the client the progress of work.
B. Report on the progress of work shall be done via e-mail, messenger, or telephone.
C. The client must provide the company with all the necessary materials (image sources, characters, materials, etc.) for website development. At this time, the client must hold the copyright and license from the copyright and license of all the materials provided by the client.
D. The company may request design sources required for website production and shall purchase commercial design sources and images after consulting with the client.
E. In the event of having to realize additional functions by the request of the client and needs to borrow paid plug-ins or a third-party paid service, the company shall consult with the client before making the purchases.
F. The service start date shall be the date when the website development is completed and the right to edit the contents is transferred to the client. In addition, the work specified in Paragraph (C) of Article 3 shall also commence from the start date of the service. However, if the development period under Article 5.1. is exceeded due to a delay in the submission or inspection of all data by the client, the date of Article 5.1. shall be the start date of the service.
Article 5: Development period
1. The “website” development period is within 45 business days from the date of providing all contents after this contract is concluded.
2. In principle, the company shall open the “website” online within the schedule.
3. In the event of extending the production period due to reasons attributable to the client or the company, the development period may be adjusted upon mutual agreement.
4. The company shall not be responsible for the delivery schedule of products that have not been agreed by the client and the company in advance.
Article 6: Inspection
1. Upon completion of the “website” draft design and completion of the “website” construction, the company must undergo inspection by the client.
2. The client has the obligation to complete the inspection within 3 days and must consult with the company for period adjustment if the extension is necessary. In the event of non-performance of this obligation, the client shall be liable for damages.
3. If all or part of the company’s execution of the contract is found to be unfair or to be inconsistent with the specifications as a result of the inspection specified in Paragraph 1 of this Article, the client may demand corrective actions within the scope of this contract of the company.
4. Upon completion of the “website” draft design, the client may request revisions up to two times, and the company must faithfully perform such a request. However, the client shall be responsible for the extension of the work schedule resulting from revision requests made in excess of the agreed number of revisions.
Article 7: Payment of fees
1. The client must deposit the agreed amount of money to the company’s account by the agreed time limit.
2. The client shall pay the company a first instalment fee of NZ$ 595 + GST by making a deposit to the account designated by the company within 3 business days of the completion of the mutual signature of this contract.
3. The client pays the client’s own domain and hosting.
4. The client shall pay the company a second instalment fee of NZ$ 1000 + GST by making a deposit to the account designated by the company within 3 business days of the completion of the website construction.
5. No creative or development work will commence until the company has received written approval of the quotation (by hand or by email) and a minimum deposit of the agreed first instalment (unless otherwise agreed in writing). This ensures that the company is fully equipped to provide the very highest levels of service and expertise, from project inception through to completion.
6. Unless otherwise agreed in writing, the balance of payment will be due in full on project completion (e.g. on delivery of printed items, publishing of website, sending of e-shot etc.): failure to make final payment at this point may result in delays in project delivery.
7. If a quotation has been provided where a job will be approached in ‘stages’, each stage will need to be paid in full on completion of each stage, before the company is able to progress to the next stage. Where a job has been quoted in two payments (initial the first instalment and final second balance) the balance of payment may be charged in full either on completion of the project or over a number of further staged payments at the discretion of the company.
8. If any project exceeds the estimated timeline agreed or extends beyond 45 business days from approval of quotation (whichever occurs first), the company reserves the right to invoice 25% of any outstanding balance, with the remaining 25% payable on completion.
9. Additional usage fees shall be paid upon service renewal after the expiration of the service period. The client may refer to the company’s website for detailed fees.
Article 8: Payment for damages
1. If the company falls under the case specified in Paragraph 3 of Article 6 or has caused damages to the client in accordance with Article 12 and other New Zealand copyright laws, the company shall consult with the client and take responsibility for the damages.
2. In the event that more than 80% of the work has been carried out by the company (with the completion of the “website” main design and sub-page design and the second logo draft design, meeting the standard of completeness at the level of enabling online publishing and programming work, but not including additional work that falls under the Article 10, which is not part of this completeness), the company shall not be liable for damages to the client.
3. Even if the whole or part of the “website” provided by the company is not used due to reasons attributable to the client, the company has no obligation to return the payment made by the client (Article 7 Payment of fees) to the client
Article 9: Additional production for the website
1. Additional production for the website can be carried out by mutual agreement.
2. Additional production work for the website refers to design work that exceeds the work specified in Article 3 such as ‘production of additional pages, pop-up screen, banner, and flash.’
3. The client must notify the company about the work of additional production at least one week in advance so that the company can adjust the schedule.
4. The fees for the additional production shall be determined apart from this contract by mutual agreement, and the responsibilities and obligations of the company and the client for the additional production work are identical to those specified in this contract.
5. The scope and schedule for the additional payment for the additional production work shall be carried out separately by mutual agreement.
Article 10: Termination of contract
1. The client or the company may terminate all or part of this contract in the following cases.
A. When the production schedule of the “website” is delayed for more than 4 weeks without justifiable reasons such as mutual agreement
B. When the company fails to fulfil its obligations under this contract and has caused or is likely to cause a serious disruption in business promotion
C. When the client fails to fulfil Paragraph 2 of Article 6 (Inspection)
D. When service fee is not paid by service users (clients) who are on the monthly or yearly payment schedule
E. Where the client intends to terminate the contract due to other reasons for the client
2. If the contract is terminated due to reasons of the client, the company is not obligated to return the payment (Article 7 Payment of fees) made up to the time of contract termination.
3. If the contract is terminated due to reasons of the company, the company must return to the client 80% of the payment (Article 7 Payment of fees) made up to the time of contract termination.
Article 11: Website-related copyright and ownership
1. The copyright of all the text and images provided to customers on the website is the responsibility of the client, and the ownership of all the text and images provided to the company belongs to the client.
2. During the term of this contract, the clienty has ownership to the server, database, domain, and e-mail related to the “website”, and the client may not transfer the server, database, domain, and e-mail at its discretion.
3. The copyright of all drafts provided to the client belongs to the company, and the client does not have the right to use the drafts that were ultimately not selected.
Article 12: Notification duty
The client and the company must notify each other about necessary matters for the smooth execution of this contract.
Article 13: Confidentiality
1. The client and the company may not announce to the public or disclose to third-party information and confidential information acquired in connection with this contract.
2. Information leakage due to reasons of the company or the client applies to Article 11, and the party at fault shall assume responsibility for matters resulting from the information leakage.
Article 14: Consultation and immunity clause
1. Matters not specified in this contract shall be resolved in accordance with the principle of mutual reciprocity, and when necessary, a written agreement shall be prepared, which has the same effect as this contract.
2. Both parties shall not be liable for non-compliance or delay in performance under this contract due to force majeure such as natural disasters, riots, wars, or disturbances.
Article 15: Interpretation of contract
If there is any doubt about the interpretation of this contract, it shall be interpreted in accordance with commercial law, civil law, and other usual customs.
Article 16: Competent court
In the event of a dispute over this contract, the court that has jurisdiction over the area including the client’s main office shall be the competent court.
IN WITNESS WHEREOF, the parties hereto have executed and signed this contract in duplicate and once copy hereof shall be retained by each party.