Web services and photography agreement

This template agreement covers web design and development services, web hosting services, web support and maintenance services, web marketing services and photography services.

The main part of this agreement is a collection of general T&Cs that accommodate all the services. The schedules incorporate provisions relating certain services. If you would like to use this agreement but do not need all of the different services to be covered, you can simply take away the schedules that are not needed.

This template also includes a statement of work document. The technical, commercial and financial features of each particular contract should be set out in the statement of work. The two parties can agree or sign the statement.

This template is not suitable for B2C contracts; it is a B2B document.

AGREEMENT

1. Definitions
2. Term
3. Services
4. Customer obligations
5. Customer Materials
6. Customer Trade Marks
7. Third Party Materials
8. Representatives
9. Management
10. Charges
11. Expenses
12. Timesheets
13. Payments
14. Reversion of assignments and licences
15. Confidentiality obligations
16. Publicity
17. Data protection
18. Warranties
19. Indemnities
20. Limitations and exclusions of liability
21. Force Majeure Event
22. Termination
23. Effects of termination
24. Non-solicitation of personnel
25. Further assurance
26. Notices
27. Subcontracting
28. Assignment
29. No waivers
30. Severability
31. Third party rights
32. Variation
33. Entire agreement
34. Export control
35. Law and jurisdiction
36. Interpretation

SCHEDULE 1 (CONTRACT INFORMATION)

1. Minimum Term
2. Representatives
3. Contractual notices

SCHEDULE 2 (PHOTOGRAPHY SERVICES)

1. Obligation to provide Photography Services
2. Permissions
3. Photography Deliverables
4. Prints
5. Intellectual Property Rights
6. Moral rights
7. Termination of Photography Services

SCHEDULE 3 (WEB DESIGN AND DEVELOPMENT SERVICES)

1. Obligation to provide Development Services
2. Development Services
3. Acceptance procedure
4. Intellectual Property Rights
5. Provider Credit
6. Warranties
7. Acknowledgements and warranty limitations
8. Non-compete
9. Termination of Development Services

SCHEDULE 4 (HOSTING SERVICES)

1. Obligation to provide Hosting Services
2. Hosting Services
3. Use of Hosting Services
4. Scheduled maintenance
5. Hosted Data
6. Termination of Hosting Services

ATTACHMENT 1 (AVAILABILITY SLA)

1. Introduction to availability SLA
2. Availability
3. Service credits
4. Exceptions

ATTACHMENT 2 (ACCEPTABLE USE POLICY)

1. Introduction
2. General usage rules
3. Unlawful Content
4. Graphic material
5. Marketing and spam
6. Regulated businesses
7. Monitoring
8. Data mining
9. Harmful software

SCHEDULE 5 (WEB SUPPORT AND MAINTENANCE SERVICES)

1. Obligation to provide Support Services and Maintenance Services
2. Maintenance Services
3. Support Services
4. Minimum Services commitment

ATTACHMENT 1 (SUPPORT SLA)

1. Introduction
2. Helpdesk
3. Response and resolution
4. Provision of Support Services
5. Limitations on Support Services

ATTACHMENT 2 (MAINTENANCE SLA)

1. Introduction
2. Updates
3. Upgrades

SCHEDULE 6 (WEB MARKETING SERVICES)

1. Obligation to provide web marketing services
2. Search Marketing Services
3. Advertising Management Services
4. Email Marketing Services
5. Social Media Marketing Services
6. Customer web marketing obligations
7. Marketed Websites
8. Online Accounts
9. Intellectual Property Rights
10. Termination of these Services

SCHEDULE 7 (DATA PROCESSING INFORMATION)

1. Categories of data subject
2. Types of Personal Data
3. Purposes of processing
4. Security measures for Personal Data
5. Sub-processors of Personal Data

SCHEDULE 8 (FORM OF STATEMENT OF WORK)

1. Specification of Photography Services
2. Specification of Development Services
3. Specification of Hosting Services
4. Specification of Support Services and Maintenance Services
5. Specification of Web Marketing Services
6. Timetable
7. Financial provisions

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