The Website Development Agreement is essential for businesses and organizations in New Zealand engaging professional services for creating or redesigning their web presence. This document is particularly relevant in today's digital economy where web presence is crucial for business success. It provides a legally robust framework under New Zealand law for managing website development projects, incorporating key elements such as project specifications, timelines, payment structures, and intellectual property rights. The agreement ensures compliance with relevant New Zealand legislation including the Contract and Commercial Law Act 2017, Privacy Act 2020, and Fair Trading Act 1986, while providing clear guidelines for project delivery and dispute resolution. It's designed to protect both the developer's and client's interests throughout the development process, from initial concept to final deployment.
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1. Parties: Identifies and provides full details of the developer and the client entering into the agreement
2. Background: Outlines the context of the agreement, including the client's desire to develop a website and the developer's expertise and capabilities
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Scope of Services: Details the specific website development services to be provided, including design, development, testing, and deployment
5. Project Timeline and Milestones: Establishes the development schedule, key milestones, and delivery dates
6. Payment Terms: Specifies the total cost, payment schedule, and any additional costs or expenses
7. Client Responsibilities: Outlines the client's obligations, including providing content, feedback, and approvals
8. Intellectual Property Rights: Addresses ownership and licensing of the website, its content, and associated materials
9. Acceptance Testing: Details the testing process and criteria for accepting deliverables
10. Warranties and Representations: Specifies the warranties provided by both parties regarding the services and materials
11. Confidentiality: Establishes obligations regarding confidential information shared during the project
12. Term and Termination: Specifies the agreement duration and circumstances for termination
13. Limitation of Liability: Sets out the extent and limitations of each party's liability
14. General Provisions: Includes standard legal clauses such as governing law, notices, and assignment
1. Hosting Services: Include when the developer will also provide hosting services for the website
2. Maintenance and Support: Include when ongoing maintenance and support services will be provided post-launch
3. Search Engine Optimization: Include when SEO services are part of the development scope
4. Third-Party Integrations: Include when the website requires integration with third-party services or APIs
5. Content Migration: Include when existing content needs to be migrated from an old website
6. Training: Include when the developer will provide training to client staff
7. Security Requirements: Include when specific security standards or compliance requirements apply
8. Service Level Agreement: Include when specific performance metrics and response times are required
1. Schedule 1 - Website Specifications: Detailed technical specifications, functionality requirements, and design elements
2. Schedule 2 - Project Timeline: Detailed project schedule with specific dates and milestones
3. Schedule 3 - Payment Schedule: Breakdown of payments, including amounts and trigger points
4. Schedule 4 - Acceptance Criteria: Specific criteria for accepting deliverables and testing procedures
5. Schedule 5 - Service Level Requirements: Performance metrics, response times, and service standards
6. Appendix A - Design Mockups: Approved website designs and visual elements
7. Appendix B - Technical Requirements: Specific technical requirements including hosting, browser compatibility, and responsive design specifications
8. Appendix C - Content Requirements: Content specifications, including format requirements and delivery schedule
Relevant legal definitions
Acceptance Criteria
Acceptance Testing
Affiliate
Approved Design
Business Day
Change Request
Client Materials
Confidential Information
Content Management System (CMS)
Deliverables
Development Environment
Documentation
Effective Date
Final Acceptance
Force Majeure Event
Go-Live Date
Hosting Services
Intellectual Property Rights
Maintenance Services
Milestone
Payment Schedule
Pre-existing Materials
Project
Project Manager
Project Plan
Project Schedule
Services
Site
Specifications
Source Code
Stage
Technical Requirements
Term
Testing Period
Third-Party Materials
Updates
User Acceptance Testing
Website
Website Content
Work Product
Acceptance Testing
Affiliate
Approved Design
Business Day
Change Request
Client Materials
Confidential Information
Content Management System (CMS)
Deliverables
Development Environment
Documentation
Effective Date
Final Acceptance
Force Majeure Event
Go-Live Date
Hosting Services
Intellectual Property Rights
Maintenance Services
Milestone
Payment Schedule
Pre-existing Materials
Project
Project Manager
Project Plan
Project Schedule
Services
Site
Specifications
Source Code
Stage
Technical Requirements
Term
Testing Period
Third-Party Materials
Updates
User Acceptance Testing
Website
Website Content
Work Product
Clauses
Interpretation
Definitions
Services
Project Management
Development Process
Client Obligations
Developer Obligations
Acceptance Testing
Intellectual Property
Payment
Confidentiality
Data Protection
Warranties
Liability
Indemnification
Force Majeure
Term and Termination
Change Management
Dispute Resolution
Service Levels
Security
Hosting
Maintenance and Support
Documentation
Training
Quality Assurance
Subcontracting
Insurance
Assignment
Notices
Governing Law
Entire Agreement
Severability
Third Party Rights
Variation
Waiver
Relationship of Parties
Survival
Counterparts
Definitions
Services
Project Management
Development Process
Client Obligations
Developer Obligations
Acceptance Testing
Intellectual Property
Payment
Confidentiality
Data Protection
Warranties
Liability
Indemnification
Force Majeure
Term and Termination
Change Management
Dispute Resolution
Service Levels
Security
Hosting
Maintenance and Support
Documentation
Training
Quality Assurance
Subcontracting
Insurance
Assignment
Notices
Governing Law
Entire Agreement
Severability
Third Party Rights
Variation
Waiver
Relationship of Parties
Survival
Counterparts
Relevant Industries
Information Technology
E-commerce
Digital Services
Retail
Education
Healthcare
Financial Services
Professional Services
Government
Non-Profit
Manufacturing
Hospitality
Media and Entertainment
Real Estate
Construction
Relevant Teams
Legal
Information Technology
Digital
Procurement
Operations
Marketing
Business Development
Finance
Compliance
Project Management
Technical Development
Design
Digital Marketing
Innovation
Relevant Roles
IT Director
Chief Technology Officer
Project Manager
Web Developer
Digital Project Manager
Procurement Manager
Legal Counsel
Business Development Manager
Marketing Director
Operations Manager
Contract Manager
Digital Marketing Manager
Chief Digital Officer
Technical Lead
Business Owner
Startup Founder
IT Procurement Specialist
Digital Transformation Manager
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