Development Service Contract

This is a collection of simple and relatively generic service contracts for the Design / Development crowd.

Original project is available in GitHub: https://github.com/danielbeardsley/service_cont...

Service Contract for Development

Definitions

Developer: Developer

Client: Client

Services: Any task or series of tasks performed by the Developer on request from the Client, or as part of fulfilling a request from the Client.

Product: Any code, images, markup, scripts, content, documentation created by the Developer while performing Services.

Intangibles: Knowledge about solutions to problems, methods, or designs.

Terms

  1. Rate: Services shall be billed to the Client at the rate of $60 per hour. Rate for Australian Clients is in Australian Dollars, exclusive of GST. Rate for non-Australian Clients is in USD. Rate is valid for 3 months from the date of this contract.

  2. Payment: The Client shall send payment to the Developer within 14 days of receiving an invoice.

    1. Invoicing: Client shall be billed on a fortnightly basis or when work is complete.
    2. Late Payment: If a payment is more than 7 days late, no further Services will be performed, and no Product will be delivered, until the Developer has received payment.
    3. Legal Fees: In the unlikely case that the services of a collection agency or lawyer are required to secure back payment, the Client must pay all associated fees.
  3. Billable Time: All time spent performing Services and communicating with the Client is billable.

    1. Estimations: If an estimate is requested by the Client, the first 60 minutes of time spent preparing the estimate will not be billable. Time spent on an estimate beyond 60 minutes will be billable at the normal rate.
  4. Expenses: The Client shall reimburse the Developer for all expenses arising from this assignment, including but not limited to Software Licenses, Stock Photography, Artwork, and or material needed for the project.

  5. Copyright: Copyright of all Products created while performing Services for the Client will be transferred to the Client upon receipt of payment in full.

  6. Copyright Exceptions

    1. The Developer reserves the right to reuse and re-license portions of the created Product as desired, as long as the portions are general solutions to common problems and are not specific to the Clients product.
    2. Any portions of the Product whose copyright is withheld by the developer are licensed to the Client for use in the Product under the MIT license: http://www.opensource.org/licenses/mit-license.php
    3. The Client will only be billed for portions of the Product which were created during the effective period of this contract and created while performing Services for the Client.
  7. Intangible Property: The Developer retains ownership of all Intangibles gained by the Developer (that are not previously owned by the Client) while providing Services.

  8. Limitation of Liability: The Services and Product of the Developer are sold "as is." In all circumstances, the maximum liability of the Developer to the Client for damages for any and all causes whatsoever, and the Client's maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of the Developer. In no event shall the Developer be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by the Developer, even if the Developer has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.

  9. Changes: Either party may request to modify the terms of this contract at any time. When both parties consent to new terms and a new contract is signed, this contract is terminated immediately.

  10. Termination: If either party wishes to terminate this contract, they must notify the other party at least 14 days prior to termination. This contract may only be terminated after all outstanding invoices have been paid in full.

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This is version 12, from 4 years ago.

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