Web services terms and conditions

This web services contract template covers web design and development services, hosting services, web maintenance services, domain name services, SSL certificate services and/or web marketing (including SEO) services.

The provisions relating to each service are contained in 6 schedules, and the variables are to be set out in statements of work, which can be agreed between the parties from time to time. So, for example, where the parties initially reach agreement regarding the provision of web development services, they may later add hosting services to the agreement by executing a new statement of work.

The data processor clause in this contract has been updated to take account of the GDPR.

You should expect the process of turning it into a document to suit your business to take several hours, at least.

A template statement of work is also included.

TERMS AND CONDITIONS

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 (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 2 (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

ANNEX 1 (AVAILABILITY SLA)

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

ANNEX 2 (ACCEPTABLE USE POLICY)

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

SCHEDULE 3 (DOMAIN NAME SERVICES)

1. Obligation to provide Domain Name Services
2. Registration of domain names
3. Maintenance of domain name registrations
4. Customer obligations and Domain Name Services
5. Domain name disputes
6. Termination of Domain Name Services

SCHEDULE 4 (SSL CERTIFICATE SERVICES)

1. Obligation to provide SSL Certificate Services
2. SSL Certificate Services
3. Termination of SSL Certificate Services

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

ANNEX 1 (SUPPORT SLA)

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

ANNEX 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

STATEMENT OF WORK

1. Customer details
2. Minimum Term
3. Specification of Services
4. Specification of Website
5. Identification of Supported Website
6. Timetable
7. Financial provisions
8. Representatives
9. Contractual notice

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