Website Designing Services Agreement (Long form - Comprehensive)
Agreement made this [date] by and between [name], whose principal offices are at [address] hereinafter referred to as "Company", and [name], residing at [address] hereinafter referred to as "Programmer".
W I T N E S S E T H:
WHEREAS, Company wants Programmer to provide certain Website Designing services on an as-needed basis, including services related to the design and development of certain Internet websites in the area of [description] (such services, including all know-how, trade secrets, copyrights, and patentable inventions, being hereinafter referred to collectively as the Program Materials);
WHEREAS, Company and Programmer acknowledge that the Program Materials are anticipated to be integrated into and become part of certain proprietary products owned by Company, and thereafter to be licensed by Company to third parties; and
WHEREAS, both Company and Programmer wish to set forth in writing the terms and conditions of their dealings, including rights as to the Program Materials;
NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the parties hereby agree as follows:
Section 1
PROGRAMMER SERVICES
1.01. On the terms and conditions set forth in this Agreement, Company engages Programmer to perform the duties set forth in the attached Exhibit A [omitted], during the term of this Agreement, on an as-needed basis, and Programmer accepts such engagement. Unless otherwise mutually agreed, all services shall be performed at Company's facilities. Programmer agrees to use Programmer's best efforts, at a level consistent with persons having similar education, experience, and expertise in the Internet development industry, in the performance of the services called for by this Agreement.
1.02. Nothing contained in this Agreement shall be deemed to preclude Company from retaining the services of other persons or entities undertaking the same or similar services as those undertaken by Programmer or from independently developing or acquiring materials or programs that are similar to, or competitive with, the services provided under this Agreement.
Section 2
TERM OF AGREEMENT
2.01. The term of this Agreement shall be for [number] year[s] from the date first above written. Company anticipates thatCompany will require Programmer's services for not more than [number] days of [number] hours each per month. However, the actual services shall consist of specific tasks or results to be achieved and shall be performed at mutually agreeable times on an as-needed basis.
Section 3
INDEPENDENT CONTRACTOR
3.01. Programmer agrees that Programmer shall be acting as an independent contractor and shall not be considered or deemed to be an agent, employee, joint venturer, or partner of Company. Programmer shall have no authority to contract for or bind Company in any manner and shall not represent itself as an agent of Company or as otherwise authorized to act for or on behalf of Company. Programmer shall have no status as employee or any right to any benefit that Company grants Company's employees.
Section 4
COMPENSATION
4.01. Company agrees to pay Programmer at the rate of .......... dollars ($..........) per [hour; day] for each [day; hour] of services rendered by Programmer during the term of this Agreement. Programmer shall invoice Company monthly for services performed during the preceding month; provided, however, that, unless otherwise agreed in writing by an authorized officer of Company, Company's maximum liability hereunder for all services performed during the term of this Agreement shall...
(Excerpt)
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