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 and Design

Definitions

Developer: Name of Individual issuing this contract.

Client: Name of Company or individual entering into this contract with the Developer.

Services: Any task or series of tasks done 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 created by the Developer while performing Services.

Terms

  1. Rate: Services shall be billed to the Client at the rate of $___USD per hour.

  2. Payment: The Client shall send payment to the Developer within 7 days of receiving an invoice.

    1. Late Payment: If a payment is more than 7 days late, no Services will be performed for the Client until payment is received.
  3. Billable Time: All time spent performing Services and communicating with the Client is billable. 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.

    1. Estimations: If an estimate is requested by the Client, the first 30 minutes of time spent preparing the estimate will not be billable. Time spent on an estimate beyond 30 minutes will be billable at the normal rate.
  4. Copyright: Copyright of all Products created while performing Services for the Client will be transferred to the Client upon receipt of payment in full, except in the cases described below.

  5. 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 Client's 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
  6. Liability

    The Developer will provide Services in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.

    The Developer can’t guarantee that Products will be error-free and can’t be liable to the Client or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages.

    The Client liability to the Developer will also be limited to the amount of fees payable under this contract and the Client won’t be liable to the Developer or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages.

  7. Termination: Either party must give at least 7 days notice to the other party before termination. This contract may only be terminated after all outstanding invoices have been paid in full.

  8. 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.

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