Last revision: 14-03-2023
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A Website Development Agreement is a contract entered into between a Service Provider (individual/entity developing the website) and a client. The Service Provider will act as a third party who is merely appointed to develop the website. This Agreement will set out the exact scope of work, as well as timeframes for completion of work, payment terms and dispute resolution mechanisms.
While the Agreement simplifies the process of resolving disputes, they also prevent many disputes from arising in the first place. They do this by forcing the parties to discuss and record the key elements of the arrangement upfront, which is why it is pertinent to enter into a written agreement.
This Agreement is specifically created for website development services, for any other services a separate Service Agreement is available on this website. This Agreement does not create any employee-employer relationship, to create an employment relationship, a separate Employment Agreement is available on this website.
How to Use This Document?
This Website Development Agreement can be used for the one-time development of the website or continuing web support. The scope of services like front-end development, back-end development, full stack development, etc. can be mentioned.
In either case, the more details that can be provided regarding the various details of the arrangement, the more likely it is that disputes will be prevented. Some important details to be considered include:
The Website Development Agreement will be legally binding when it has been printed on non-judicial stamp paper or e-stamp paper, signed by both the Service Provider and the Client, and dated. By purchasing an e-stamp paper, the stamp duty can be paid online and also the printout of the stamp paper can be taken online. The value of the stamp paper would depend on the state in which it is executed. Each state in India has provisions in respect of the amount of stamp duty payable on such agreements.
Both the Service Provider and the Client should keep a signed copy of the Website Development Agreement. In order to do this, two different copies can be signed, or if only one copy is signed, it can be photocopied and then distributed between the parties.
The principles of the contract under the Indian Contract Act, 1872 would govern this agreement. Further, the Consumer Protection Act, 2019, also applies to the services provided to the end customer.
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Other names for the document: Website Development Contract, Site development agreement, Online website development agreement, E-commerce website development agreement, Business website development agreement