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Website Build Service Agreement

WEBSITE DESIGN, BUILD, AND DEVELOPMENT SERVICES AGREEMENT

This Website Design, Build, and Development Services Agreement (“Agreement”) is lawfully issued by:

Akuna Digital Partners
(“Service Provider”)
 

1. Services Provided

The Service Provider agrees to design, build, and develop a website as described in the attached Proposal/Scope of Work (“SOW”) provided to the Client. The services include, but are not limited to, the following:

  • Website design and layout.

  • Website development and programming.

  • Custom features and functionalities (as specified in the SOW).

  • Integration of third-party tools (if applicable).

  • Testing and debugging of the website.
     

2. Client Responsibilities

The Client agrees to:

  • Provide all necessary content (e.g., text, images, logos) and materials needed for the website.

  • Review and approve design mockups and the final website before launch.

  • Provide timely feedback and responses to any requests or issues raised by the Service Provider.

  • Ensure that the website complies with all applicable laws and regulations.
     

3. Payment and Fees

The Client agrees to pay the Service Provider the agreed-upon fee for services rendered, which is outlined in the Proposal/Scope of Work. Payments can be made as follows:

  • 50% deposit due upon signing, 25% upon design approval, and 25% upon website launch. Additionally the client can opt to make the payment in full. 

  • Additional charges may apply for any changes or additions outside of the original scope, as mutually agreed upon by both parties.
     

4. Timeline and Delivery

  • The Service Provider will provide an estimated timeline for the completion of the project, which is outlined in the Proposal/Scope of Work.

  • Delays caused by the Client’s failure to provide necessary materials or approvals may result in a delay to the project timeline.
     

5. Ownership and Rights

  • The Client will own the rights to the final website and all content provided by them. The Service Provider retains ownership of all proprietary design elements, code, and software developed for the website, unless otherwise agreed upon.

  • Upon full payment, the Service Provider will transfer the website’s files, code, and any other deliverables to the Client.
     

6. Confidentiality

Both parties agree to keep any confidential information shared during the course of this Agreement strictly confidential. This includes any business, financial, or other proprietary information not publicly available.
 

7. Termination

Either party may terminate this Agreement with written notice if:

  • The other party breaches any of the terms of this Agreement and fails to remedy the breach within seven days after written notice.

  • The Client may terminate at any time but will be liable for payment for any work completed up until the termination date.

  • Upon termination, all work completed and payments made will be considered non-refundable.
     

8. Warranties and Disclaimers

  • The Service Provider warrants that the website will function as agreed in the Proposal/Scope of Work for a minimum period of 30 days after launch.

  • The client agrees that after the first 30 days of the website launch, website maintenance is the clients responsibility unless agreed otherwise. 

  • The Service Provider is not responsible for any issues arising from third-party services, plugins, or integrations.

  • The Service Provider does not guarantee any specific results, such as website traffic or sales conversions.
     

9. Limitation of Liability

In no event shall the Service Provider be liable for any indirect, incidental, special, or consequential damages arising from the use of the website or services provided, even if the Service Provider has been advised of the possibility of such damages.
 

10. Governing Law

This Agreement shall be governed by the laws of Australia, without regard to its conflict of laws principles.
 

11. Miscellaneous

  • This Agreement may be amended or modified only by written agreement signed by both parties.

  • If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

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