AGREEMENT
BETWEEN A COMPANY PROPOSING TO DEVELOP WEBSITE AND THE DEVELOPER FOR DESIGN AND
MAINTENANCE OF WEBSITE [CD1]
THIS AGREEMENT
made at………………..on this………………..day of..........2000 between
Galaxy Co. Ltd., a company
incorporated under the Companies Act,1956 and having its registered office
........... .........(hereinafter referred to as the "Galaxy" which
expression shall, unless repugnant to the context or meaning thereof, be deemed
to includes its Successors and Assigns) of the ONE PART and ALPHA Website
Developer Co. Ltd., a company incorporated under the Companies Act, 1956 and
having its registered office ..................... (hereinafter referred to as
the "Alpha" which expression shall, unless repugnant to the context
or meaning thereof, be deemed to includes its Successors and Assigns) of the
OTHER PART.
WHEREAS
(1)The Galaxy is interested
to develop a World Website on Internet for furnishing information of its
products and for advertising for the products of other
companies/manufacturers/vendors.
(2)The Alpha is a company
having professional knowledge and experience of developing and maintenance of
websites
(3)The Alpha has offered to
develop and maintain Website for Galaxy, which the Galaxy has agreed on the
terms and conditions mentioned hereafter
NOW
IT IS HEREBY AGREED BETWEEN THE PARTIES AS UNDER:
1.The Galaxy is engaging
Alpha as an independent contractor for the specific project of developing and
maintaining a World Website to be installed on the Galaxy's web space on an
Internet Service Provider's (ISP) computer. The Galaxy authorizes Alpha to access
the account and authorizes the ISP to provide Alpha with "write
permission" for the Galaxy's web page directory, cgi-bin directory and any
other directories or programmes which need to be accessed for this project. The
Galaxy also authorizes Alpha to publicize their completed WorldWebsite to web
search engines, as well as other Web
Directories and Indexes.
2. The Alpha will provide
the following services in the Website to be developed for Galaxy.
(a)
E-Mail/Phone consultation
(Upto 3 hours marketing and Web Design consultation. Telephone long distance charges are to be paid by
Galaxy in addition to the rates payable to Alpha under clause
of this Agreement).
(b)
Providing text of 50 web
pages containing 200 words of each page. (The 200 words per page approximate maximum, if not supplied via
diskette. Web pages of more than 1,00,000 words of text may be subject to additional fees,
especially if they require a great deal of formatting).
(c)
Link to external pages upto
an average of 2.5 per page.
(d)
Masthead graphic on first
page (Simple custom graphic incorporating Galaxy's logo).Top-of-page
graphic for all pages in the Website, colour full lines and bullets, and coloured
and textured background. Minor manipulation of graphics Le. enlargement, reduction, etc.
(e)
Photo and other
miscellaneous graphic. The images will be supplied by Galaxy or Alpha (The photo and graphic will be upto an average of
1.3 included per page in standard websites and
regular on line store pages, in addition to masthead and top-of page
graphic. The colour originals larger
than 5" x 8" will be charged extra). Installation of Web pages on the
Galaxy's ISP host computer
(g)
Minor updates and changes to
existing Web pages for 1 year (This updating and changes only include upto one hour per page total, subject
to the limits outlined below. Additional changes will be charged at hourly rate).
(h)
Site publicity to at least a
dozen major Web search engines, such as Yahoo, Hot Mail, Alta Vista, InfoSeek, WebCrawler, Lycos, HotBot,
etc.
(i)
E-Mail response link on each
web page to any e-mail address as desired by Galaxy Feedback or
guest book form. (The Basic CGI programme upto 20 fields included. If the
Galaxy's ISP does not use a Unix Operating System, the Alpha will have to incur extra
charges which will be reimbursable by Galaxy).
(k) Image Map for internal navigation.
3.
The Galaxy will supply the
contents of the Web Pages and will be
executed by Alpha as specified by the Galaxy.
4.
The parties agree that they
will work together to complete the website in a timely manner. The Alpha agrees
to complete the website not later than The Galaxy will supply the complete text
and graphics contents for the website within 14 days of signing of this
agreement.
5.
The fee for the services
described in this contract will be Rs. 10,00,000, which will be payable as
under
Rs. 4,00,000 within one
month of Rs. 1,00,000 on the execution
of these presents these presents
Rs.
5,00,000 on the completion of the job
The payment of Rs. 5,00,000
shall be paid after the construction of web pages according to the Galaxy's
original written specifications
The above fee includes upto
50 web pages. The graphics or photos beyond the allowed average of 1.3 per Web
page shall be charged at an additional Rs.1,000 each. Transparencies will be
charged extra @ Rs.1,200 each. If the Galaxy requests "Custom Graphic
Package" the said job will be billed at the hourly rate specified below.
In case the Galaxy has not
secured Web space on an ISP computer by the time the Web pages are completed,
the Web pages may be delivered to the Galaxy on diskette or attached to an
email message. The advertising the pages to Web search engines and updating
will be done after the receipt of the payment by the Alpha. If the Galaxy does
not supply the text and graphics contents of all Web pages within six weeks of
the execution of this agreement, the entire amount of the contract will become
due and payable. If the Galaxy does not submit complete text and graphics
contents within one month after signing of this agreement, an additional
continuation fee of 10% of the total agreed price will also be assessed each
month until the Website is advertisement or agreement is terminated
6. This Agreement includes
maintenance of Web pages for a period of one year upto an average of one hour
per regular page, including updating links and making minor changes to a
sentence or paragraph. The maintenance does not include removing nearly all the
text from a page and replacing it with new text. If the Galaxy or an agent
other than the Alpha attempts updating the Alpha's pages, time to repair Web
pages will be assessed at the hourly rate, and is not included as part of the
updating tie. The one year maintenance period commences from the date of
execution of this Agreement. The changes requested by the Galaxy beyond those
limits will be billed at the hourly rate of Rs. 250. The hourly rates shall
also be payable for the work authorized beyond the maximums specified above for
such services as
[CD1]AGREEMENT BETWEEN A
COMPANY PROPOSING TO DEVELOP WEBSITE AND THE DEVELOPER FOR DESIGN AND
MAINTENANCE OF WEBSITE
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