Whereas the CLIENT decided to make a static Website Design Development with the reference of given instructions & information.
1.Purpose and Authorization: The Client is engaging Bangladesh Software Development (BSD), for the purpose of developing a website to be installed on the Client's web space on a web hosting service's computer. The Client authorizes Bangladesh Software Development (BSD) to access this account and authorizes the web hosting service to provide Bangladesh Software Development (BSD) with "write permission" for the Client's web space.
2. Website Content: The Client agrees to provide Bangladesh Software Development (BSD) ALL content for the website such as text, images, video, and sound in an electronic format. All content is to be arranged by each web page as listed in Section 10 "Estimated Costs". The client understands that Bangladesh Software Development (BSD) may choose not to begin to customize the website until all content is received. If the Client does not supply Bangladesh Software Development (BSD) complete text and graphics content for all web pages contracted for by the Completion Date as listed in Section 12 of the Agreement, the entire amount of the Agreement becomes due and payable.
3. Designated Client Representative: To ensure effective communication and an efficient design process between the Client and Bangladesh Software Development (BSD), the Client agrees to designate a single representative to work directly with Bangladesh Software Development (BSD). The representative will ensure ALL content has reached final approval within their organization before submitting the finalized content to Bangladesh Software Development (BSD)
4. Application Maintenance: Bangladesh Software Development (BSD) will provide to CLIENT the following support with respect to the Web Application
(i) If during the 1st year of this Agreement, CLIENT notifies Bangladesh Software Development(BSD) of a substantial program error respecting the Web Application or Bangladesh Software Development(BSD) has reason to believe that error exists in the Web Application. It so notifies CLIENT, Bangladesh Software Development(BSD) shall at its expense verify and attempt to correct such error within thirty (30) working days after the date of notification of this Agreement.
(ii) If CLIENT needs major changes or customization to existing Web Application CLIENT shall pay to Bangladesh Software Development (BSD) the Customization fee as per Bangladesh Software Development (BSD) terms & conditions.
(iii) In the case that CLIENT has technical questions in the use of the Web Application during the 1st year of this Agreement, CLIENT may submit those questions to Bangladesh Software Development (BSD) Technical support Bangladesh Software Development (BSD) shall provide consulting to answer such questions without charge to CLIENT up to a maximum sixteen (16) hours for each Software program.
(iv) If the Licensee desires to continue the Web Application support specified in this section, CLIENT shall pay Bangladesh Software Development (BSD) the maintenance fee(s).
5. Assignment of Project: Bangladesh Software Development (BSD) reserves the right to assign subcontractors to this project to ensure the right fit for the job and on-time completion.
6. Legal Stuff: Bangladesh Software Development (BSD) does not warrant that the functions contained in the website will be uninterrupted or error-free. In no event will Bangladesh Software Development (BSD) is liable to the Client or any third party for any damages, including any lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website. If any provision of this agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
7. Copyrights and Trademarks: The Client represents Bangladesh Software Development(BSD) and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Bangladesh Software Development(BSD) for inclusion in web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Bangladesh Software Development(BSD) and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
8. Copyright to Application: Bangladesh Software Development (BSD) through an agreement has been provided the use of a 3rd party website template. The template may be used by Bangladesh Software Development (BSD) to build a website for the Client. These templates are owned by the 3rd party provider and the Client agrees they may not put them on a diskette, CD, website, or any other medium and offer them for redistribution or resale.
Upon final payment of this contract, 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, source files, and computer programs are specifically not transferred to the Client and remain the property of their respective owners Bangladesh Software Development (BSD) and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
9. VAT & Taxation: Bangladesh Software Development (BSD) takes no Value added tax for this software.
10. Entire Agreement: This Agreement sets forth the entire understanding between the parties with respect to the subject matter hereof and merges and supersedes all prior agreements, discussions, and understandings, express or implied, concerning such matters.
