If your business provides a mix of consulting, graphic design and web development services, then this template has been designed for you. You can review a sample version of the terms and conditions, containing the first few pages, via this link:
Sample Consultancy, Design and Development T&Cs
The terms and conditions are robust and flexible. The general provisions governing the relationship between the service provider and the customer are set out in the body of the agreement. Specific provisions governing the three different types of service are set out in three schedules. Because of this, the intellectual property rights in the deliverables arising out of the services can be dealt with in different ways: for example, the copyright in graphic design works could be assigned to the customer while the copyright in software code is merely licensed.
The contents of the document are as follows:
(1) Definitions and interpretation
(2) Term
(3) Services
(4) Customer Materials
(5) Charges
(6) Payment
(7) Warranties
(8) Indemnity
(9) Limitations and exclusions of liability
(10) Confidentiality
(11) Publicity
(12) Termination
(13) Effects of termination
(14) Non-solicitation
(15) Notices
(16) General
Schedule 1 (Consultancy Services)
(1) Definitions and interpretation
(2) Consultancy Services and Deliverables
(3) Intellectual Property Rights
(4) Moral rights waiver
(5) Term of Statement of Work
(6) Consultancy Charges
Schedule 2 (Graphic Design Services)
(1) Definitions and interpretation
(2) Graphic Design Services and Deliverables
(3) Intellectual Property Rights
(4) Moral rights waiver
(5) Term of Statement of Work
(6) Graphic Design Charges
Schedule 3 (Web Development Services)
(1) Definitions and interpretation
(2) Development Services
(3) Delivery and acceptance
(4) Intellectual Property Rights
(5) Additional Warranties
(6) Term of Schedule
(7) Development Charges
The terms and conditions are designed to be agreed by the execution of one more statements of work. Each statement of work will specify which schedules it applies. Accordingly, the terms and conditions can be used in relation to a customer wanting any or all of the services.
The consultancy, design and development terms and conditions have been drafted to favour the interests of the service provider over the interests of the customer.
The template is 28 pages long and is supplied via download link in Word (.doc) format for easy editing.
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