Project Management Website Design Package

Project Management Website Design Package

Project Identification

Project Title:

Project ID:    Effective Date:    Expected Completion Date:

Scope of Work

The Service Provider shall perform professional website design and project management services as described below. Services include planning, design, development, testing, deployment, and project coordination necessary to deliver the agreed deliverables identified in this package. The Provider will follow the project plan and milestones set forth herein and manage third-party vendors only as expressly stated in this document.

Deliverables and Acceptance Criteria

The Provider shall deliver the items listed below. Each deliverable is subject to Client acceptance testing for the period specified under Acceptance Procedures. Acceptance shall not be unreasonably withheld if the deliverable materially conforms to the acceptance criteria.

Due Date:

Due Date:

Timeline & Milestones

Project Start Date:    Project End Date:

Milestone 1 Due Date:

Milestone 2 Due Date:

Budget & Payment Terms

Total Fixed Fee: $

Deposit (due prior to work commencement): $    Final payment due upon acceptance: $

All material changes to scope, schedule, or price must be made by written Change Order signed by authorized representatives of both parties. Change Orders will set forth additional fees, revised milestones, and acceptance criteria. Emergency work requested orally must be confirmed in writing within three (3) business days to be billable.

Require written approval for change orders:

Acceptance and Testing

Client shall have a defined acceptance period following delivery of each deliverable to perform tests and either accept or provide written notice of nonconformance. If Client does not provide written notice within the acceptance period, the deliverable will be deemed accepted.

Acceptance period (days):

Confidentiality

Each party shall treat as confidential all non-public information disclosed by the other party that is identified as confidential or that reasonably should be understood to be confidential. Confidential information does not include information that is (i) publicly known through no breach, (ii) rightfully received from a third party without obligation of confidentiality, or (iii) independently developed. The receiving party shall use at least the same degree of care to protect Confidential Information as it uses to protect its own confidential information, but in no event less than reasonable care.

Confidentiality term (years):

Intellectual Property & License

Upon receipt of final payment in full, the Service Provider assigns to the Client all right, title, and interest in and to the custom deliverables created specifically for the Client under this Agreement, subject to the Provider's retained rights in pre-existing materials, tools, templates, and open-source components. Provider will list any third-party components and applicable licenses in the project deliverables documentation.

Provider retains ownership of pre-existing materials and tools:

Warranties; Limitation of Liability

Provider warrants that services will be performed in a professional manner consistent with industry standards for a period of warranty period below. The remedy for breach of this warranty shall be re-performance of nonconforming services. EXCEPT FOR THE EXPRESS WARRANTY ABOVE, PROVIDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY CLIENT TO PROVIDER UNDER THIS PACKAGE.

Warranty period (days):

Maintenance & Support (Optional)

Ongoing maintenance and support services, if elected, shall be provided under a separate maintenance schedule or addendum. Parties may elect to include basic support as described below.

Include maintenance option:

Termination

Either party may terminate this package for convenience upon written notice to the other party and payment for services performed and non-cancelable commitments incurred through the effective date of termination. Termination for material breach may be effected if the breaching party fails to cure within the notice period set forth below.

Cure/Notice period (days):

Governing Law & Dispute Resolution

This package shall be governed by and construed in accordance with the laws of the state indicated below without regard to conflicts of law principles. Parties will attempt to resolve disputes by good faith negotiation prior to pursuing litigation.

Governing law (state):

Notices

All notices required or permitted under this package shall be in writing and delivered to the addresses set forth in the Project Identification section or to such other address as a party designates by notice. Notices are effective upon receipt.

Execution

The undersigned representatives each represent and warrant that they are authorized to execute this Project Management Website Design Package on behalf of the party for which they sign and that the information provided in this package is true and complete. This package becomes effective as of the Effective Date set forth above when signed by both parties.

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