Identification of the Parties This Agreement is made between {{ Customer }} (the "Customer") and Evan Sparkman (the "Developer").
Customer desires to retain Developer as an independent contractor to develop/design the project (the "Project") described in the Development Plan attached to and made part of this Agreement. Developer is ready, willing and able to undertake the development of the Project and agrees to do so under the terms and conditions set forth in this Agreement. Accordingly, the parties agree to the terms that follow.
-
Preparation of Development Plan Developer shall prepare a development plan ("Development Plan") for the Project. The Development Plan shall include:
(a) detailed specifications for the Project;
(b) a listing of items to be delivered to Customer ("Deliverables");
(c) a delivery schedule containing a delivery date for each Deliverable; and
(d) a payment schedule detailing the amount and time of Developers's compensation.
-
Payment Please see attached document "Development Plan" for payment agreement.
-
Rights Customer retains all rights to any graphic assets created under this Agreement by the Developers. Customer acknowledges and agrees that enhancements, bug fixes and other custom developments produced under the scope of this agreement will be subject to release under the GNU Public License v2, or another compatible and relevant open-source license.
-
Changes in Project Scope If at any time following acceptance of this agreement, Customer should desire a change in Developers's performance under this Agreement that will alter or amend the Specifications or other elements of the Development Plan, Customer shall submit to Developers a written proposal specifying the desired changes.
Changes to the Development Plan shall be evidenced by a "Development Plan Modification Agreement". The Development Plan Modification Agreement shall amend the Development Plan appropriately to incorporate the desired changes and acknowledge any effect of such changes on the provisions of this Agreement. The Development Plan Modification Agreement shall be signed by authorized representatives of Customer and Developers, whereupon Developers shall commence performance in accordance with it.
-
Acceptance Testing of Project Immediately upon completion of each Deliverable, Developers shall install/deploy the Project as stipulated in the Development Plan. Customer shall have 7 days from the delivery of the Project to inspect, test and evaluate it to determine whether the Project satisfies the acceptance criteria in accordance with the Development Plan.
If the Project does not satisfy the acceptance criteria, Customer shall give Developers written notice stating why the Project is unacceptable. Developers shall have 7 days from the receipt of such notice to correct the deficiencies, after which the Acceptance Testing of Project process will repeat.
If and when the acceptance tests establish the Project delivered upon completion complies with the acceptance criteria, Customer shall promptly notify Developers that it accepts the delivered Project. If no notice is given within 7 days of delivery, Project will be assumed to pass acceptance.
-
General Provisions This Agreement together with all exhibits, appendices or other attachments, which are incorporated herein by reference, is the sole and entire Agreement between the parties. This Agreement supersedes all prior understandings, agreements and documentation relating to such subject matter. In the event of a conflict between the provisions of the main body of the Agreement and any attached exhibits, appendices or other materials, the Agreement shall take precedence.
Any correspondence and/or payments may be sent to the Developers from the Customer at the address:
{{ Developer Info }}
Signatures This agreement must be signed and copied to both parties.
Customer signature, Printed name & Date
____________________________________________________________________________________________________________________________
Developers signatures, Printed name & Date
____________________________________________________________________________________________________________________________
The Developers agrees to develop the Customers proposed application "Traverse Mountain Family Dental Website". This application will facilitate as an informational portal for existing and prospective clients. The work for this project will be conducted in phases. Phase 1 is detailed in the following "Deliverables" section of ths development plan. Future phases will be evaluated, planned and documented in a seperate development plan.
The Developer agrees to provide a functional website as outlined below and agreed upon by both parties. The website will be designed and developed using the latest web technologies.
NOTE All Deliverables are estimated times only. Deliverables are contengient upon scope changes, issues that are reliant on third party services or parties, initial storycarding of features for application.
TESTING PHASES Developers and Customer will take this period to verify all completed features. Testing phases will run concurrently with the next feature cycle. Testing phases are not considered billable hours.
ESTIMATED DURATIONS These times include development hours as well as testing phases.
###Preparation of User Interface
Developers shall prepare and deliver all design comps to the Customer. This scope of work will consist of designing initial mockups for the {{ Customers }} website.
Estimated Duration: 5-10hrs
###Implementation of chosen mockup
Developers shall take the chosen mockup and deliver a fully funcitonal website as determined by the mockup.
Estimated Duration: 10-15hrs
##Customer Responsibilty
The Customer will be repsonsible for all third party services(application monitoring, hosting platform, or any other needed services). The Customer will also provide any and all content that will be displayed/provided on the website. This includes but not limited to, images, informational text, forms, audio, video or any other items that the Customer wishes to be provided on the website. The Developers will provide recommendations based on expierence on various services. The Developers does not assume responibilty on any stability or performance issues that may derive from any third party service.
###Total Cost & Payment Schedule
This project is estimated to be complete in the timeframe of 30 - 40hrs.
This project will be billed at a rate of $125 an hour.
The {{ Developer }} requires a 50% upfront non-refundable payment to commence working on {{ Project }}.
The Developers will track billable hours weekly. Those hours will be totaled and an invoice sent on the last working day for that period. The Customer will have 10 days to make payment for the current invoice. There will be a 15% late fee incurred for every day past the 10th day.
Any new scope of work will be evaluated and billed accordingly. New scopes of work will have the potential to affect to overall completion of the {{ Project }}.
###Payment method will be arranged after acceptance of contract.
###Initials
Developers ____________
Customer ____________