Site maintenance and support agreement
Good afternoon, colleagues!
In our company , there was a problem with the contract for technical support sites. In the contract, we wanted to clearly state our terms of reference, the time allocated per month to work on the customer’s site, payment methods when the time allocated is exceeded, the responsibility of the customer and clear instructions on the provision of materials. We want to share this agreement with you.
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___________________ "___" ________ 200_
____________________________, hereinafter referred to as the “Contractor”, represented by ______________________, acting on the basis of ______________________, on the one hand, and ________________________________, hereinafter referred to as the “Customer”, represented by _______________________________, acting on the basis of ___________________, have entered into this Agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The customer assigns and the Contractor undertakes to perform maintenance and support work on the site: _____________________________.
1.2. In total, for each calendar month, the amount of work should not exceed ___ working hours.
2. RIGHTS OF THE EXECUTOR
2.1. Inform the Customer within 3 working days and until receiving instructions from him to suspend work upon detection:
• inconsistencies of the source data provided by the Customer, necessary for the normal operation of the information resource, incorrect access codes, unsuitability or poor quality of the information provided or other technical documentation;
• possible adverse consequences for the Customer of fulfilling its instructions on the method of performance of the Agreement;
• other circumstances beyond the control of the Contractor that may affect the quality of work or the impossibility of its performance.
2.2. Refuse to comply with this Agreement in cases where the Customer, despite timely and reasonable warning from the Contractor about the circumstances specified in clause 2.1. of this Agreement, within a reasonable time, will not replace unsuitable or poor quality materials and technical documentation, will not change the instructions on how to perform the work, or will not apply other measures to eliminate the specified circumstances.
2.3. For the transactions made using the information resource of the Customer, the Contractor shall not be liable.
2.4. The Contractor has the right to involve third parties (co-contractors) in rendering services to the Customer. In this case, all rights and obligations to the Customer under this Agreement remain with the Contractor.
3. OBLIGATIONS OF THE EXECUTOR
3.1. Advising the Customer on all matters relating to the operation and development of the site (from 10.00 to 19.00 on weekdays).
3.2. Correction and modification of the site structure (adding new sections) that do not entail a radical revision of the entire site structure. Including development, installation (removal) from the pages of the site internal advertisements and banners.
3.3. Changes in the text content of the site, the placement of text and graphic information, on-screen typography.
3.4. Monitoring the performance of the technological platform (hosting) and the Customer’s site, if necessary, transfer the site to another hosting.
3.5. Monitoring the security of the Customer’s site and restoring the site from a backup in the event of a failure.
3.6. Informing the Customer about the emergence of new features, services in the field of website development.
3.7. Correction of errors in articles arising both from the fault of the Customer and the fault of the Contractor.
3.8. The addition of new modules, as well as the introduction of changes requiring the adaptation of the program complex servicing the site, is the subject of a separate agreement on the basis of a separate TK and requires additional payment in excess of the amount of the monthly fixed payment.
4. RIGHTS OF THE CUSTOMER
4.1. The customer has the right to check the progress and quality of the Work performed by the Contractor, without interfering with its activities.
4.2. The customer has the right to provide the Contractor with the materials and information necessary for the work, in accordance with the legislation of the Russian Federation on copyright and related rights, mass media. In cases stipulated by the legislation of the Russian Federation, at the request of the Contractor to provide documents on the right of use of trademarks by the Customer, certificates and licenses for goods and services of the Customer, information about which is posted on the Internet by the Contractor.
5. OBLIGATIONS OF THE CUSTOMER
5.1. The Customer undertakes to provide materials for placement on the website in accordance with the “Requirement for the provision of materials”, Appendix No. 1 of this contract.
5.2. The Customer undertakes to provide the Contractor with access to the program code of the information resource and its databases, as well as other materials necessary for making the necessary updates and additions to it.
5.3. The Customer undertakes to timely and fully pay for the works and services of the Contractor in accordance with the terms of this Agreement.
5.4. Accept from the Contractor work performed on the act of acceptance of works. Upon receipt of the Work Acceptance Act from the Contractor, the Customer shall, within 5 working days, sign the act or send the Contractor a reasoned refusal to accept the work in writing.
5.5. In case of not signing by the Customer in the terms of the acceptance report of the works established in this clause and not sending the Contractor a reasoned refusal to accept the work in writing, the work is accepted and must be paid by the Customer.
5.6. The customer is not entitled to require the Contractor to perform work that is not described in Section 3 of this contract. Additional work on the maintenance and support of the website is carried out as needed. For additional work, the Supplementary Agreement, the Terms of Reference, and estimates, which must be signed by both parties, are agreed upon and executed in writing.
6. COST OF WORK, ORDER AND TERMS OF CALCULATIONS
6.1. Settlements between the Customer and the Contractor are made in the currency of the Russian Federation.
6.2. The total cost of the work is 6.000 (six thousand) rubles 00 kopecks per calendar month, not subject to VAT.
6.3. Payment for the Contractor’s work is made according to the invoices issued to the Customer within three banking days from the date of the invoice. Completion of work for each calendar month is confirmed by the Act of acceptance of works.
6.4. For each Supplementary Agreement, Technical Specification and estimate (clause 3.8), the Customer makes an advance payment of 50% (fifty percent) of the value of the work, according to the approved estimate. The final payment is made after the completion of work on the basis of the Act of acceptance of works.
6.5. The Contractor is not entitled to impose on the Customer the inclusion in the contract of additional work or services. The customer has the right to refuse to pay for work or services not covered by the contract.
6.6. Prices for works performed by the Contractor are contractual and are not subject to unilateral change.
7. CONFIDENTIALITY
7.1. The Contractor undertakes to keep confidential all commercial information not related to the category of publicly available information that he received from the Customer during the term of the Agreement, even if it was not designated as secret or confidential.
8. RESPONSIBILITY OF THE PARTIES
8.1. The customer is obliged to pay the work of the Contractor. In case the Customer refuses to pay for the work of the Contractor, the latter has the right to demand reimbursement of expenses related to the maintenance and support of the website.
8.2. The Contractor is not responsible for the accuracy, reliability, quality and content of the Customer’s information materials placed by the Contractor on the Internet in accordance with this Agreement.
8.3. The Contractor shall not be liable for damage, direct or indirect, incurred by third parties as a result of posting information provided by the Customer on the information resource.
8.4. The Contractor shall not be liable for the difficulties encountered by the Customer in using the services of the Contractor, caused by the poor quality of the lines and communication channels provided to the Customer by third parties, the use of unlicensed software (including applications that are not used directly to work with the Internet).
8.5. In cases not expressly specified in this Agreement, the parties are responsible for failure to fulfill or improper fulfillment of obligations under this Agreement in accordance with the current legislation of the Russian Federation.
8.6. The Contractor is not responsible for the failure of the Customer to provide information.
8.7. The Contractor shall not be liable for any costs or damages directly or indirectly resulting from the introduction (change) of information on the information resource provided by the Customer.
8.8. Requirements related to defects in the work performed may be presented by the Customer when accepting the work performed or in the course of the work. In case of detection by the Customer of defects in the work performed, the Customer of his choice has the right to demand gratuitous elimination of the defects in the work performed.
8.9. If the Customer makes any unspecified changes to the program code of an information resource, the Contractor shall not be liable for the efficiency of the information resource.
8.10. The parties build their relationships on the principles of decency, partnership and trust.
8.11. All disputes are resolved through negotiations between the parties or, in the event that the parties cannot reach an agreement, through the Moscow Arbitration Court in accordance with Russian legislation.
9. TERM OF CONTRACT
9.1. This Agreement shall enter into force upon signature by both parties.
9.2. The contract may be terminated prematurely by mutual agreement of the parties with written notice at least 1 (one) month. In the event that the Contract is terminated before the completion of works on the TK, mutual settlements between the parties are determined by the Supplementary Agreement.
9.3. The terms of the Agreement may be shifted in the case of objective reasons recognized by both parties.
10. FORCE MAJEURE
10.1. The Parties are exempt from liability for partial or complete non-fulfillment of their obligations under this Agreement, if such failure was the result of force majeure circumstances that arose after the conclusion of the Treaty as a result of emergency events such as an earthquake, fire, flood, other natural disasters, epidemics, accidents, explosions, military actions, changes in legislation, which entailed the impossibility for the parties to fulfill their obligations under this Agreement.
11. OTHER CONDITIONS
11.1. All changes and additions to this Agreement are agreed by the parties, signed, executed in the form of Appendices. All Appendices, additions and changes to this Agreement are valid if they are made in writing, signed by both Parties and are its integral parts.
11.2. This Agreement is made in two original copies, one for each of the Parties. Each side has an authentic copy. Both copies are equally valid.
12. LEGAL ADDRESSES, BANK DETAILS AND SIGNATURES OF THE PARTIES
ANNEX â„–1 (Requirements for the provision of materials)
dated December 01, 2008
1. General requirements for the provision of materials
1.1. Transfer of materials to the Contractor
The content (materials for the content) of the Customer’s site is transmitted to the Contractor via e-mail. Email address of the Contractor for the transfer of content: support@progressivemedia.ru. The subject of the letter containing content for posting on the site is: “Content for posting on the site the site address from the date of sending the letter”.
Example: Content for posting on the site www.evrasia.su from 04/30/08
All content is sent in one RAR archive containing all the files for posting on the site. If the volume of materials exceeds 10 mb, the Customer sends the materials through the webfile.ru Internet service, the letter indicates the link to the archive for download.
1.2. The format of the transfer of text materials
The text for each individual page should be placed in a separate text document in Microsoft Word format (* .doc), Word 97-2003 version. The name of the document corresponds to the name of the page. At the beginning of the document, you must specify the page address in the site structure, as an example: www.evrasia.su/articles/data/ic_articles/2 .
1.3. Format of transfer of graphic materials
Images, graphic or multimedia materials (video, music, flash movies, etc.) should be placed in separate folders corresponding to the section titles for placement. Inside each folder, the files should be sorted in the order in which they will be placed on the site, the materials should be named 01, 02, etc. All descriptions of graphic materials should be listed in an additional text document, inside the folder, in the form:
• 01 - description 1
• 02 - description 2, etc.
1.4. The format of the transfer of materials to the News section (similarly for articles and press releases)
The following information is required to post news on the site:
• news headline;
• date of publication;
• the name of the author (if necessary);
• a brief description, contains 2-3 sentences;
• full text news;
• link to the source (if necessary).
All information on one news must be placed in one text document. The name of the document corresponds to the date of publication of the news and its title.
1.5. Format of transfer of materials to the section of the Catalog
The format of materials for uploading to the catalog of goods or services depends on the structure of the catalog and the properties of the catalog objects. Let us give an example of what information for the catalog may be needed:
• name of the catalog item;
• description of the position of the catalog;
• section and subsection (if there are several sections and subsections in the catalog);
• the photo;
• drawing;
• photos for photo galleries;
• width, height, weight, etc .;
• table of technical characteristics;
• documentation for download;
• instructions for use, etc.
The format of preparation of materials for uploading the catalog to the site in each individual case is determined by the Contractor, the Customer is given a sample of the preparation of materials.
12. LEGAL ADDRESSES, BANK DETAILS AND SIGNATURES OF THE PARTIES
I hope our contract will be useful to you.
UDP: Agreement in .doc format
UDP: perezalil .doc, including revisions.
In our company , there was a problem with the contract for technical support sites. In the contract, we wanted to clearly state our terms of reference, the time allocated per month to work on the customer’s site, payment methods when the time allocated is exceeded, the responsibility of the customer and clear instructions on the provision of materials. We want to share this agreement with you.
Contract No. 10/12/08 / TP for maintenance and support of the site.
')
___________________ "___" ________ 200_
____________________________, hereinafter referred to as the “Contractor”, represented by ______________________, acting on the basis of ______________________, on the one hand, and ________________________________, hereinafter referred to as the “Customer”, represented by _______________________________, acting on the basis of ___________________, have entered into this Agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The customer assigns and the Contractor undertakes to perform maintenance and support work on the site: _____________________________.
1.2. In total, for each calendar month, the amount of work should not exceed ___ working hours.
2. RIGHTS OF THE EXECUTOR
2.1. Inform the Customer within 3 working days and until receiving instructions from him to suspend work upon detection:
• inconsistencies of the source data provided by the Customer, necessary for the normal operation of the information resource, incorrect access codes, unsuitability or poor quality of the information provided or other technical documentation;
• possible adverse consequences for the Customer of fulfilling its instructions on the method of performance of the Agreement;
• other circumstances beyond the control of the Contractor that may affect the quality of work or the impossibility of its performance.
2.2. Refuse to comply with this Agreement in cases where the Customer, despite timely and reasonable warning from the Contractor about the circumstances specified in clause 2.1. of this Agreement, within a reasonable time, will not replace unsuitable or poor quality materials and technical documentation, will not change the instructions on how to perform the work, or will not apply other measures to eliminate the specified circumstances.
2.3. For the transactions made using the information resource of the Customer, the Contractor shall not be liable.
2.4. The Contractor has the right to involve third parties (co-contractors) in rendering services to the Customer. In this case, all rights and obligations to the Customer under this Agreement remain with the Contractor.
3. OBLIGATIONS OF THE EXECUTOR
3.1. Advising the Customer on all matters relating to the operation and development of the site (from 10.00 to 19.00 on weekdays).
3.2. Correction and modification of the site structure (adding new sections) that do not entail a radical revision of the entire site structure. Including development, installation (removal) from the pages of the site internal advertisements and banners.
3.3. Changes in the text content of the site, the placement of text and graphic information, on-screen typography.
3.4. Monitoring the performance of the technological platform (hosting) and the Customer’s site, if necessary, transfer the site to another hosting.
3.5. Monitoring the security of the Customer’s site and restoring the site from a backup in the event of a failure.
3.6. Informing the Customer about the emergence of new features, services in the field of website development.
3.7. Correction of errors in articles arising both from the fault of the Customer and the fault of the Contractor.
3.8. The addition of new modules, as well as the introduction of changes requiring the adaptation of the program complex servicing the site, is the subject of a separate agreement on the basis of a separate TK and requires additional payment in excess of the amount of the monthly fixed payment.
4. RIGHTS OF THE CUSTOMER
4.1. The customer has the right to check the progress and quality of the Work performed by the Contractor, without interfering with its activities.
4.2. The customer has the right to provide the Contractor with the materials and information necessary for the work, in accordance with the legislation of the Russian Federation on copyright and related rights, mass media. In cases stipulated by the legislation of the Russian Federation, at the request of the Contractor to provide documents on the right of use of trademarks by the Customer, certificates and licenses for goods and services of the Customer, information about which is posted on the Internet by the Contractor.
5. OBLIGATIONS OF THE CUSTOMER
5.1. The Customer undertakes to provide materials for placement on the website in accordance with the “Requirement for the provision of materials”, Appendix No. 1 of this contract.
5.2. The Customer undertakes to provide the Contractor with access to the program code of the information resource and its databases, as well as other materials necessary for making the necessary updates and additions to it.
5.3. The Customer undertakes to timely and fully pay for the works and services of the Contractor in accordance with the terms of this Agreement.
5.4. Accept from the Contractor work performed on the act of acceptance of works. Upon receipt of the Work Acceptance Act from the Contractor, the Customer shall, within 5 working days, sign the act or send the Contractor a reasoned refusal to accept the work in writing.
5.5. In case of not signing by the Customer in the terms of the acceptance report of the works established in this clause and not sending the Contractor a reasoned refusal to accept the work in writing, the work is accepted and must be paid by the Customer.
5.6. The customer is not entitled to require the Contractor to perform work that is not described in Section 3 of this contract. Additional work on the maintenance and support of the website is carried out as needed. For additional work, the Supplementary Agreement, the Terms of Reference, and estimates, which must be signed by both parties, are agreed upon and executed in writing.
6. COST OF WORK, ORDER AND TERMS OF CALCULATIONS
6.1. Settlements between the Customer and the Contractor are made in the currency of the Russian Federation.
6.2. The total cost of the work is 6.000 (six thousand) rubles 00 kopecks per calendar month, not subject to VAT.
6.3. Payment for the Contractor’s work is made according to the invoices issued to the Customer within three banking days from the date of the invoice. Completion of work for each calendar month is confirmed by the Act of acceptance of works.
6.4. For each Supplementary Agreement, Technical Specification and estimate (clause 3.8), the Customer makes an advance payment of 50% (fifty percent) of the value of the work, according to the approved estimate. The final payment is made after the completion of work on the basis of the Act of acceptance of works.
6.5. The Contractor is not entitled to impose on the Customer the inclusion in the contract of additional work or services. The customer has the right to refuse to pay for work or services not covered by the contract.
6.6. Prices for works performed by the Contractor are contractual and are not subject to unilateral change.
7. CONFIDENTIALITY
7.1. The Contractor undertakes to keep confidential all commercial information not related to the category of publicly available information that he received from the Customer during the term of the Agreement, even if it was not designated as secret or confidential.
8. RESPONSIBILITY OF THE PARTIES
8.1. The customer is obliged to pay the work of the Contractor. In case the Customer refuses to pay for the work of the Contractor, the latter has the right to demand reimbursement of expenses related to the maintenance and support of the website.
8.2. The Contractor is not responsible for the accuracy, reliability, quality and content of the Customer’s information materials placed by the Contractor on the Internet in accordance with this Agreement.
8.3. The Contractor shall not be liable for damage, direct or indirect, incurred by third parties as a result of posting information provided by the Customer on the information resource.
8.4. The Contractor shall not be liable for the difficulties encountered by the Customer in using the services of the Contractor, caused by the poor quality of the lines and communication channels provided to the Customer by third parties, the use of unlicensed software (including applications that are not used directly to work with the Internet).
8.5. In cases not expressly specified in this Agreement, the parties are responsible for failure to fulfill or improper fulfillment of obligations under this Agreement in accordance with the current legislation of the Russian Federation.
8.6. The Contractor is not responsible for the failure of the Customer to provide information.
8.7. The Contractor shall not be liable for any costs or damages directly or indirectly resulting from the introduction (change) of information on the information resource provided by the Customer.
8.8. Requirements related to defects in the work performed may be presented by the Customer when accepting the work performed or in the course of the work. In case of detection by the Customer of defects in the work performed, the Customer of his choice has the right to demand gratuitous elimination of the defects in the work performed.
8.9. If the Customer makes any unspecified changes to the program code of an information resource, the Contractor shall not be liable for the efficiency of the information resource.
8.10. The parties build their relationships on the principles of decency, partnership and trust.
8.11. All disputes are resolved through negotiations between the parties or, in the event that the parties cannot reach an agreement, through the Moscow Arbitration Court in accordance with Russian legislation.
9. TERM OF CONTRACT
9.1. This Agreement shall enter into force upon signature by both parties.
9.2. The contract may be terminated prematurely by mutual agreement of the parties with written notice at least 1 (one) month. In the event that the Contract is terminated before the completion of works on the TK, mutual settlements between the parties are determined by the Supplementary Agreement.
9.3. The terms of the Agreement may be shifted in the case of objective reasons recognized by both parties.
10. FORCE MAJEURE
10.1. The Parties are exempt from liability for partial or complete non-fulfillment of their obligations under this Agreement, if such failure was the result of force majeure circumstances that arose after the conclusion of the Treaty as a result of emergency events such as an earthquake, fire, flood, other natural disasters, epidemics, accidents, explosions, military actions, changes in legislation, which entailed the impossibility for the parties to fulfill their obligations under this Agreement.
11. OTHER CONDITIONS
11.1. All changes and additions to this Agreement are agreed by the parties, signed, executed in the form of Appendices. All Appendices, additions and changes to this Agreement are valid if they are made in writing, signed by both Parties and are its integral parts.
11.2. This Agreement is made in two original copies, one for each of the Parties. Each side has an authentic copy. Both copies are equally valid.
12. LEGAL ADDRESSES, BANK DETAILS AND SIGNATURES OF THE PARTIES
ANNEX â„–1 (Requirements for the provision of materials)
to Contract No. 10/12/08 / TP for maintenance and support of the site.
dated December 01, 2008
1. General requirements for the provision of materials
1.1. Transfer of materials to the Contractor
The content (materials for the content) of the Customer’s site is transmitted to the Contractor via e-mail. Email address of the Contractor for the transfer of content: support@progressivemedia.ru. The subject of the letter containing content for posting on the site is: “Content for posting on the site the site address from the date of sending the letter”.
Example: Content for posting on the site www.evrasia.su from 04/30/08
All content is sent in one RAR archive containing all the files for posting on the site. If the volume of materials exceeds 10 mb, the Customer sends the materials through the webfile.ru Internet service, the letter indicates the link to the archive for download.
1.2. The format of the transfer of text materials
The text for each individual page should be placed in a separate text document in Microsoft Word format (* .doc), Word 97-2003 version. The name of the document corresponds to the name of the page. At the beginning of the document, you must specify the page address in the site structure, as an example: www.evrasia.su/articles/data/ic_articles/2 .
1.3. Format of transfer of graphic materials
Images, graphic or multimedia materials (video, music, flash movies, etc.) should be placed in separate folders corresponding to the section titles for placement. Inside each folder, the files should be sorted in the order in which they will be placed on the site, the materials should be named 01, 02, etc. All descriptions of graphic materials should be listed in an additional text document, inside the folder, in the form:
• 01 - description 1
• 02 - description 2, etc.
1.4. The format of the transfer of materials to the News section (similarly for articles and press releases)
The following information is required to post news on the site:
• news headline;
• date of publication;
• the name of the author (if necessary);
• a brief description, contains 2-3 sentences;
• full text news;
• link to the source (if necessary).
All information on one news must be placed in one text document. The name of the document corresponds to the date of publication of the news and its title.
1.5. Format of transfer of materials to the section of the Catalog
The format of materials for uploading to the catalog of goods or services depends on the structure of the catalog and the properties of the catalog objects. Let us give an example of what information for the catalog may be needed:
• name of the catalog item;
• description of the position of the catalog;
• section and subsection (if there are several sections and subsections in the catalog);
• the photo;
• drawing;
• photos for photo galleries;
• width, height, weight, etc .;
• table of technical characteristics;
• documentation for download;
• instructions for use, etc.
The format of preparation of materials for uploading the catalog to the site in each individual case is determined by the Contractor, the Customer is given a sample of the preparation of materials.
12. LEGAL ADDRESSES, BANK DETAILS AND SIGNATURES OF THE PARTIES
I hope our contract will be useful to you.
UDP: Agreement in .doc format
UDP: perezalil .doc, including revisions.
Source: https://habr.com/ru/post/73078/
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