Website subscription service agreement

    A few months ago I already laid out a standard contract for the maintenance and support of the site. In that topic, I received a lot of comments and comments. We tried to take into account all the comments and observations when drawing up a new contract, and I hasten to share it.

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    Contract.№ _________ for site subscription service



    Moscow "__" ________ 201_,
    LLC _____________, hereinafter referred to as the Contractor, represented by the General Director _________________, acting on the basis of the Charter, on the one hand, and LLC _______________, hereinafter referred to as the Customer, represented by the General Director ______________________, acting on the basis of the Charter, on the other hand, have concluded this Agreement as follows:

    1. THE SUBJECT OF THE AGREEMENT

    1.1 The Customer instructs, and the Contractor undertakes to perform maintenance work on the website.
    1.2 The basic requirements, terms, scope and content of work under the contract is determined by Appendix No. 1, which is an integral part of the Contract.
    1.3. The Customer undertakes to pay for the work specified in Appendix No. 1, on the terms, conditions and in the manner determined by this Agreement.

    2. COST OF WORKS AND PAYMENT PROCEDURE

    2.1 The monthly cost of website maintenance is __________ (__________) rubles 00 kopecks, VAT is not taxed.
    2.2 Payment is made in Russian rubles.
    2.3. Payment shall be deemed received from the moment of receipt of funds to the account of the Contractor.
    2.4 If during the month work was carried out in excess of the time specified in Appendix No. 1, then at the end of the month an invoice for processing hours will be issued.
    2.5 The Customer pays for the work under the Contract on the basis of the Contractor’s invoices no later than 3 (three) business days from the date of the invoice. Payment date means the date of debiting funds from the Customer’s current account.
    2.6. The period for settlements for services provided between the Contractor and the Customer shall be a calendar month.

    3. PROCEDURE FOR DELIVERY AND ACCEPTANCE OF WORK RESULTS

    3.1 Upon completion of work on the website’s subscription services, a Statement of Completed Works is compiled on a monthly basis, which is the basis for mutual settlements.
    3.2. The Customer shall, within 5 (five) business days from the date of receipt of the Act of Acceptance of Work specified in Appendix No. 1 of this agreement, together with the Contractor, carry out the acceptance of work and send to the Contractor the Act of Acceptance of Work signed by the Customer or a reasoned refusal to accept the work. In the absence of written comments by the Customer within the specified period, the work shall be considered approved.
    3.3 In the event of a motivated refusal by the Customer to accept products, the parties draw up a bilateral Act with a list of necessary improvements and the timing of their implementation. After eliminating the errors, the work is again presented to the Customer, and the acceptance procedure is repeated. Moreover, new comments can be made only on the changed part of the work.

    4. RIGHTS AND OBLIGATIONS OF THE PARTIES

    4.1 Rights and obligations of the Contractor:
    4.1.1. To provide services and perform work under this Agreement in accordance with Appendix No. 1 of this Agreement.
    4.1.2 The Contractor is responsible to the Customer for the proper execution of work under this contract.
    4.1.3 Involve, if necessary, the implementation of the contract of third parties.
    4.1.4 Demand from the Customer the materials necessary for the performance of work, information.
    4.1.5. The Contractor is not responsible for the content of materials provided by the Customer for placement on the site.

    4.2 Rights and obligations of the Customer:

    4.2.1. The Customer undertakes to make available to the Contractor by the start of any work provided for in this agreement all the necessary information and working materials, as well as access codes for the site.
    4.2.2 At the request of the Contractor to provide the necessary materials for the performance of work, information within the agreed time frame.
    4.2.3 Timely transfer funds in payment for this Agreement to the account of the Contractor.
    4.2.4 Ensure timely acceptance of work performed.
    4.2.5 Provide in advance the materials necessary for the performance of work, provide in electronic form information on the internal content of the site, necessary for the Contractor to perform work under this Agreement within the agreed time frame.
    4.2.6 The customer is solely responsible for the compliance of the materials provided for posting on the website with the legislation of the Russian Federation on copyright and related rights, the media.
    4.2.7. The customer has the right to verify the progress and quality of work performed under the contract without interfering with the Contractor’s business activities.

    5. FORCE MAJEURE

    5.1. The Parties shall be exempted from liability for improper fulfillment or non-fulfillment of obligations under the Agreement if this improper fulfillment or non-fulfillment was the result of force majeure circumstances that the Parties could not foresee or prevent.
    5.2 Force majeure circumstances include: war, earthquake, flood, hurricane, fire or similar phenomena, as well as laws, orders and other regulatory documents of the competent state bodies adopted after the signing of this Agreement and preventing its execution.
    5.3. A party that refers to force majeure circumstances is obliged to inform the other Party in writing about the occurrence of such circumstances within 5 (five) business days from the moment of their occurrence with the addition of relevant supporting documents. The information should contain data on the nature of the circumstances, as well as an assessment of their impact on the performance by the Party of its obligations under this Agreement and on the period of performance of obligations. Untimely notification deprives the party of the opportunity to invoke force majeure circumstances.
    5.4 Upon termination of these circumstances, the Party shall indicate the period by which it intends to fulfill obligations under this Agreement.

    6. PRIVACY AND OTHER TERMS

    6.1. The terms of this Agreement, as well as the Annexes to it, are confidential and shall not be disclosed.
    6.2. The Parties undertake not to transfer confidential information to third parties, not to publish or otherwise to disclose such information without the prior written consent of the other Party, including after the termination of this Agreement.
    6.3 Restrictions regarding the disclosure of information do not apply to publicly available information or information that has become such through no fault of the Parties, as well as information that has become known to a Party from other sources before or after its receipt from another Party.
    6.4. The parties shall not be liable in case of transfer of information to state bodies having the right to request it in accordance with the legislation of the Russian Federation.
    6.5. This Agreement is made in duplicate, having the same legal force, one copy for each of the Parties.

    7. DURATION OF THE AGREEMENT

    7.1 This Agreement shall enter into force upon signature by the Parties.
    7.2 The Agreement is concluded for a period of 1 (one) year and is automatically renewed for each subsequent year if neither Party notifies the other in writing of its intention not to extend the Agreement. A written notice is provided no later than 30 days before the expiration of the Agreement.
    7.3 This Agreement may be terminated by each of the parties ahead of schedule with a warning to the other Party for one month.
    7.4 In the event of termination of the contract, the parties shall, within 1 (one) month from the date of termination, fully settle all settlements.

    8. DISPUTE RESOLUTION PROCEDURE

    8.1 Parties undertake to make every effort to resolve disputes through negotiations.
    8.2 In the event of failure to reach agreement, disputes shall be considered in the Moscow Arbitration Court in accordance with the applicable laws of the Russian Federation.

    9. SPECIAL CONDITIONS

    9.1. The Agreement may be amended and supplemented by agreement of the Parties, which is executed in writing by separate Annexes and certified by the signatures of authorized representatives of both Parties.
    9.2 All promises, representations and claims related to the execution of this Agreement must be sent in writing to the actual address of the Parties.
    9.3 The parties are responsible for ensuring the confidentiality of the documentation, information, results received under this agreement and take all necessary measures to prevent the disclosure of the specified information.
    9.4 The parties undertake to immediately notify each other of a change in their legal address and bank details.
    9.5 The Contractor has the right, with the written consent of the Customer, to mention the Customer’s trademark in its advertising and informational materials without disclosing the configuration features and other technological characteristics of the software and hardware complex.
    9.6 For violation by the Parties of their obligations under this Agreement, the Parties are liable under the laws of the Russian Federation.

    10. LEGAL ADDRESSES AND DETAILS OF THE PARTIES

    Appendix No. 1 to the Agreement No. _______ for site subscription service



    Moscow "__" ________ 201_
    1. The contractor provides monthly subscription services to the Customer’s website with the domain name: _______________

    2. The subscription services include analytics, design, html-layout, web integration with the 1C- product Bitrix: Site Management ”and / or“ 1C-Bitrix: Corporate Portal ”, php programming, content filling, as well as the work of the project manager.

    3. Monthly no more than 2 (two) total working hours of support are allocated to the Customer. If the monthly limit is exceeded, the Customer is billed for processing hours at the rate of 2.000 (Two thousand) rubles per 1 hour. Unused hours are not carried over to the next month.

    4. Reaction time under this agreement:
    Up to 3 business days

    Correction of errors and related technical problems made by another developer company is equated to development.

    LEGAL ADDRESSES AND DETAILS OF THE PARTIES

    Download the agreement in .doc format .

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