Establishing secure connection…Loading editor…Preparing document…

Web Site Design Maintenance and Leasing Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

Agreement for Web Design Maintenance Services

Agreement made on the day of , 20 , between

, a corporation organized and existing under the laws of the state of , with its principal office located at , referred to herein as Website Design/Maintenance,

and , a corporation organized and existing under the laws of the state of , with its principal office located at , referred to herein as Client.

1. Engagement. Client hereby engages Website Design/Maintenance for the specific project of designing and implementing a website for installation to Client’s web host server account. Client agrees to authorize Website Design/Maintenance access to this account and will supply usernames and passwords as needed.

2. Work Scope. Website Design/Maintenance will prepare a project plan (the Plan) on or before based on requirements provided by the Client. The Plan will contain cost estimates or budget limitations and an estimated timeline. The project may be quoted on a fixed price basis or an hourly basis. The Client must approve the Plan before work will begin. The standard hourly rate for HTML, PHP and JavaScript work is $ per hour and the rate for Macromedia (Adobe) Flash is $ per hour.

3. Progress Reports. Website Design/Maintenance shall contact or meet with the Client on a mutually acceptable schedule to report all tasks completed, problems encountered, and recommended changes relating to the development and testing of the site. Client will review and approve progress on a periodic basis.

4. Retainer. New accounts are required to provide an advance design payment of $ or percent of the construction budget, whichever is greater, before work begins. This payment amount will be credited to the initial design invoice.

5. Submitted Content. Client will make every effort to submit content and approvals in a timely manner. Website Design/Maintenance will not be held responsible if target launch date cannot be met due to late submission of materials by Client. Website Design/Maintenance will not be held responsible if Client-submitted content contains errors. Excessive revisions and alterations after pages are approved will be billed at the standard hourly rate of Website Design/Maintenance at the time of the service.

6. Site Changes and Updates. After website is published, Website Design/Maintenance will provide days of minor updates and changes. These changes include simple text editing, such as spelling corrections, and similar items that do not require reformatting or re-editing of the site layout design. Not included are creating new graphics, redesign of navigation, layout or style, replacing all text on a page, etc. Major changes and updates will be billed as new work at the applicable hourly rate of Website Design/Maintenance at the time the service is performed.

7. Maintenance vs. Hourly Rate. Any and all changes to a website requested by the Client will be invoiced monthly at the standard hourly rate. Alternately, a website maintenance plan is available. Website Maintenance includes monitoring, revising, editing, or otherwise changing existing web pages to keep your website up to date. The periodic addition of new web pages is also part of maintenance services except during the first months of maintenance. Changes to shopping cart pages are not included. Search engine optimization (SEO) services are sold separately and are not included in monthly maintenance. Maintenance may include up to hours work each month. Excessive work will be charged at the standard hourly rate.

8. Content Services. Website Design/Maintenance can provide content services including digital photography and video. Rates depend on application and will be quoted on request.

9. Search Engine Optimization Services (SEO). Website Design/Maintenance will provide search engine optimization services on request. This work is done in accordance with industry best practices and experience. However, Website Design/Maintenance makes no warranties or representations of any kind regarding search engine results or position. Rates depend on application and will be quoted on request.

10. Search Engine Submittal. Website designs are typically designed to optimize search engine performance and new websites registered with key search engine companies. However, Website Design/Maintenance makes no warranties or representations of any kind regarding search engine results or position.

11. Campaign Management. Monitoring and management of paid search engine campaigns such as Google, Bing and Yahoo are available for an extra fee and quoted on request. These services are not included in Maintenance.

12. Third Party Contractors. Website Design/Maintenance reserves the right to contract third party consultants and/or subcontractors if needed.

13. Copyrights and Trademarks. Client represents to Website Design/Maintenance and unconditionally guarantees that any elements of text, media, photos, or other artwork furnished to Website Design/Maintenance for inclusion in the website are either owned by Client, or that Client has license or permission from the rightful owner to use each of these elements. Client will hold harmless, protect, and defend Website Design/Maintenance and its subcontractors from any claim or suit arising from the use of such elements furnished by Client. Website Design/Maintenance will endeavor to utilize only original or properly licensed content. Content whose source cannot be documented or is otherwise determined to be unlicensed will be removed.

14. Domain Names. At Client’s request, Website Design/Maintenance will make reasonable efforts to transfer ownership and/or registration information of any domain names which were registered on behalf of Client. There will be a $ fee to change the owner of record.

15. Copyright to Web Pages. Site design and graphical elements created by Website Design/Maintenance are owned by Website Design/Maintenance and copyright is not transferred to Client. Upon final payment for design services, the Client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, media, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Copyright to Client supplied text and images are retained by Client and will not be disclosed or reused by Website Design/Maintenance unless permission is granted in writing by Client. Website Design/Maintenance and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. Website Design/Maintenance reserves the right to include a credit line and hyperlink back to its business website on all web pages designed.

16. Website Design/Maintenance has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Website Design/Maintenance reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement. Client may discontinue service at any time by providing day’s written notice to Website Design/Maintenance. Any services which were prepaid may be refunded on a prorated basis by check within days. Any amounts due Website Design/Maintenance at the time service is discontinued must be paid before the domain name will be released. Design service payments and retainers are not refundable.

17. Confidential Information. Website Design/Maintenance acknowledges and agrees that the source materials and technical and marketing plans or other sensitive business information, as specified by the Client, including all materials containing such information, which are supplied by the Client to Website Design/Maintenance or developed by Website Design/Maintenance in the course of developing the site are to be considered confidential information. Information shall not be considered confidential if it is already publicly known through no act of Website Design/Maintenance.

18. Backup of Data. Website Design/Maintenance maintains periodic backups of files and data for accounts which subscribe to Maintenance only. For all other accounts, Client’s use of the service is at Client’s sole risk and Website Design/Maintenance is not responsible for files and data residing on your account. Website Design/Maintenance agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Website Design/Maintenance servers.

19. Website Promotion. Website Design/Maintenance makes no warranties or representations of any kind for the promotion of any website.

20. No Warranties. Website Design/Maintenance makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Website Design/Maintenance or its agents or employees shall create a warranty. Website Design/Maintenance provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Website Design/Maintenance be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from Client’s use of or inability to use the service, or for third parties' use of the service to access Client’s Web space, or to access the Internet or any part thereof, or Client’s or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If Client is dissatisfied with the Website Design/Maintenance service or any of its terms, conditions, rules, policies, guidelines, or practices, Client’s sole and exclusive remedy is to discontinue using the service.

21. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees it is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Website Design/Maintenance and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's exercise of Internet electronic commerce.

22. Payment. In order for Website Design/Maintenance to remain in business, Client’s payments must be made promptly. Website Design/Maintenance reserves the right to remove Client’s web pages from viewing on the Internet until payment is made and account current. Client agrees to pay any collection and attorney fees.

23. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

24. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

25. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

26. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

27. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

28. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

29. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

30. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

31. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

32. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties.

WITNESS our signatures as of the day and date first above stated.

By:

By:
Enter text✕

What this Web Site Design Maintenance and Leasing Agreement Is

A Web Site Design Maintenance and Leasing Agreement is a contract that sets out responsibilities, deliverables, payment terms, intellectual property ownership, maintenance obligations, and lease-like access rights for a website. It combines a design and development statement of work with an ongoing maintenance schedule and a licensing or leasing clause that governs use of code, content, or hosted services. The agreement allocates risk, defines timelines, and establishes remedies for nonperformance. Parties typically include a designer or agency and a client or licensee, and the contract can require electronic signatures and notarization when legally desirable.

Why use a combined design, maintenance, and leasing contract

A single combined agreement reduces fragmentation across separate documents, clarifies whether the client receives ownership or a license, and sets maintenance expectations including scope, response times, and update frequency. It streamlines billing and dispute resolution by placing delivery milestones, recurring fees, and termination triggers in one place.

Why use a combined design, maintenance, and leasing contract

Who typically uses this agreement

Parties range from independent web designers and small agencies to in-house marketing teams and enterprise IT departments that need a repeatable contract for design plus ongoing support.

  • Freelance designers delivering site builds and monthly maintenance retainers with clear renewal terms and scope limits.
  • Digital agencies bundling design, hosting, and SLA-backed maintenance into a single monthly or annual invoice for clients.
  • Corporate legal or procurement teams standardizing vendor relationships that include IP licensing, data handling, and uptime commitments.

Use this template when the work includes an initial build plus ongoing updates, hosting or licensed software components, or when intellectual property ownership is limited by license or lease.

Core agreement elements to include

A professional Web Site Design Maintenance and Leasing Agreement should be modular and explicit so each party’s expectations are enforceable and measurable throughout the relationship.

Parties

Full legal names and entity types for each party, including DBA names and the party’s principal address to ensure enforceability and correct service of notices.

Scope of Work

Detailed deliverables, milestones, approvals, acceptance criteria, and a clear statement of what is excluded, reducing scope creep and payment disputes.

Payment Terms

Pricing model (fixed, milestone, retainer), invoice cadence, late fees, and whether maintenance is prepaid or billed monthly, plus any taxes or pass-through costs.

Maintenance & SLA

Maintenance tasks included, response and resolution times, scheduled updates, backup frequency, and remedies or credits for missed SLA targets.

Intellectual Property

Whether code, designs, and assets are assigned, licensed, or leased; license scope, duration, restrictions, and developer moral rights handling.

Termination & Remedies

Grounds for termination, cure periods, transition assistance, data return/destruction, and any liquidated damages, limiting potential downstream disputes.

Step-by-step: completing and executing the agreement

Follow these practical steps to prepare, review, and finalize the Web Site Design Maintenance and Leasing Agreement efficiently.

  • 01
    Prepare draft: Populate parties, scope, deliverables, dates, and payment fields before review.
  • 02
    Internal review: Legal and finance confirm IP, tax, and billing terms and suggest edits.
  • 03
    Client review: Share for client redlines, address questions, and agree on acceptance criteria.
  • 04
    Execute and retain: All authorized signers sign, parties exchange copies, and primary contact stores the executed agreement.

Digital workflow settings for eSigning and routing

Configure your eSignature workflow to match signing order, authentication needs, and post-signing notifications.

Field Configuration
Signer Authentication Email link plus optional SMS code for stronger attribution.
Field Types Use signature, date, checkbox, and conditional text fields for approvals.
Routing Order Set sequential or parallel signing based on approval hierarchy.
Post-signature Actions Enable automatic PDF delivery and audit trail storage to the parties and CRM.

File formats, integrations, and platform compatibility

Choose an eSignature platform that supports your file types and integrates with billing, CRM, or project management tools used to track work and invoices.

  • Supported Formats: PDF, DOCX, HTML, and XSLX for supporting spreadsheets.
  • Integrations: Salesforce, NetSuite, Google Workspace integrations reduce manual uploads.
  • Access Controls: SSO and role-based permissions control who edits templates.

How signing and delivery typically proceed

A simple sender-to-signer flow minimizes friction and creates a reproducible audit record for compliance and internal tracking.

  • Upload document: Sender uploads the final agreement to the platform.
  • Place fields: Add signature, initials, date, and any conditional pricing fields.
  • Send to signers: Notify parties by email or share a signing link.
  • Capture audit trail: Platform timestamps actions and attaches IP, device, and authentication records.

Key dates and notice periods to include

Specify precise deadlines to avoid ambiguity about deliveries, recurring payments, and termination notice periods.

Effective Date and Term:

State start date and fixed term or automatic renewal cadence.

Milestone Deadlines:

List delivery dates for design stages, testing, and final acceptance.

Maintenance Billing Cycle:

Specify monthly or annual invoicing dates and payment due days.

Change Request Response:

Set turnaround for quotes and approvals on out-of-scope work.

Termination Notice:

Define notice period (commonly 30–90 days) and cure opportunities.

Milestone timeline for a typical engagement

A milestone timeline helps teams track progress from proposal to maintenance start and highlights handoff points.

01

Proposal and Quote

Issue detailed proposal and receive client approval before any work begins.

02

Design & Development

Complete design iterations, development sprints, and internal QA before client review.

03

Acceptance & Launch

Client approves final deliverables, sign-off occurs, and site moves to production.

04

Maintenance Commencement

Maintenance and SLA obligations begin on the agreed maintenance start date.

Common preparation mistakes to avoid

  • Vague scope language that leads to ongoing unpaid change requests and disputes about what is ‘included’ in maintenance packages.
  • Missing payment schedules or unclear invoicing contacts, which delay vendor payments and create cashflow issues for small providers.
  • Failing to define IP ownership or license limits, causing confusion over reuse of code, templates, or third-party components.
  • Not specifying backup and data transfer obligations for transitions, risking data loss when the relationship ends.

Key risks and penalties arising from a deficient agreement

Breach Damages: Compensatory and consequential damages
Late Payment: Interest charges and collection costs
IP Misassignment: Injunctions and rework obligations
Data Breach Liability: Regulatory fines and remediation costs
Tax Reporting Errors: Backup withholding or penalties
Improper Notarization: Challenge to authenticity or enforceability

Security and compliance considerations for executed agreements

In-transit encryption: TLS 1.2/1.3
At-rest encryption: AES-256 at rest
Audit trails: Immutable timestamps and action logs
Certifications: ISO 27001 and SOC 2 Type II
Regulatory compliance: ESIGN, UETA, HIPAA (BAA required)
FDA / FDA-ready: 21 CFR Part 11 compatible controls

Practical examples of how teams use this agreement

Two common scenarios illustrate how the document reduces disputes and clarifies ongoing obligations between providers and clients.

Small Studio Scenario

A small design studio uses one contract for a site build and monthly maintenance.

  • They require a 30-day termination and prepaid monthly retainer.
  • The unified agreement reduced billing confusion and sped dispute resolution by documenting scope and reinvoicing rules in a single executed document.

Agency + Enterprise Scenario

A mid-size agency structures licensing for reusable components and hosting as a leasing arrangement.

  • The client retains a time-limited license while the agency provides SLA-backed updates.
  • Clear IP clauses and a transition appendix enabled a smooth handoff when the client changed vendors after contract termination.

Downloads, exports, and supporting documents to attach

Document management best practices ensure executed agreements and related artifacts are preserved and accessible for audits and operational continuity.

Download Formats

Save executed agreements as PDF/A for long-term preservation; also retain a Word DOCX editable copy for future amendments and version control.

Supporting Exhibits

Attach SOWs, design mockups, asset inventories, third-party license lists, and hosting configurations as numbered exhibits to avoid ambiguity.

Change Logs

Include a signed change order log or amendment tracker capturing any scope, price, or schedule modifications during the term.

Proof of Delivery

Maintain delivery proofs, release notes, and acceptance emails as part of the contract record for dispute resolution.

eSignature vendor comparison for executing this agreement

Compare core pricing and compliance features when selecting an eSignature provider for recurring maintenance and leasing agreements; signNow is listed first per vendor convention.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Plan-dependent Plan-dependent Plan-dependent Plan-dependent
Bulk Send Yes (premium tier) Yes Yes Yes Plan-dependent
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions and practical answers

Answers address common legal, technical, and execution questions about using a Web Site Design Maintenance and Leasing Agreement and electronic signatures.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users