Development Service Contract - July 31, 2014

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

Agreement: This Service Contract for Development and Design

Developer: Name of the Developer

Client: Name of the Client

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. Payment: The Client shall send a single payment to the Developer for the Services in the amount of $___

  2. Copyright: Copyright of all Products, including but not limited to the source code, created in connection with Services performed for the Client will be transferred to the Client upon receipt of payment in full, except in the cases described below.

  3. 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.

  4. Confidentiality: Developer shall not disclose any materials or information of the Client to anyone or any entity, other than persons authorized by the Client, without prior written authorization by the Client. This provision shall continue to be effective after the termination of this agreement except in the case described below.

  5. Confidentiality Exception: The Client agrees that work done by the Developer for the Client may be used for self-promotion, such as on a blog or in a portfolio, after the Project has been made publicly available, by the Client, for consumer use.

  6. Independent Contractor Status: The Developer is an independent contractor of Client. Nothing contained in this Agreement shall be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship.

  7. Indemnification: The Developer agrees to indemnify and hold harmless the Client, its affiliates, and its respective officers, directors, agents and employees from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, the Developer's services under this Agreement. This provision shall survive the duration of this Agreement.
  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.