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WEB DEVELOPMENT AGREEMENT

This Web Development Agreement ("Agreement") is made and entered into as of the date of acceptance by the Client ("Effective Date"), by and between Bizar Design Studio (Pty) Ltd (Reg No: 2019 / 426823 / 07), a company duly registered in South Africa ("Developer"), and the undersigned party ("Client").

1. SERVICES PROVIDED

1.1 Developer agrees to provide the Client with web development services, including but not limited to:

Custom website design and development.
Content Management System (CMS) integration (e.g., WordPress, Shopify, etc.).
E-commerce functionality setup. (if included in the project quote/proposal).
Search Engine Optimization (SEO) and performance optimization. (if included in the project quote/proposal).
Security enhancements and backup configurations. (if included in the project quote/proposal).
Ongoing maintenance and updates (if included in the project quote/proposal).

1.2 Developer will work based on the agreed-upon project specifications and timeline. Any modifications to the scope will require a written agreement and may incur additional charges.

2. PAYMENT TERMS

2.1 Project Fees: The Client agrees to pay the full project fee as per the official quotation.

2.2 Payment Schedule:

50% deposit required before work commences.
50% upon project completion and before the final website goes live.

2.3 Late Payments: A 15% penalty will be charged for invoices not settled within 3 days of the due date. Work may be paused until full payment is received.

2.4 Revisions & Additional Work:

The Client is entitled to three (3) revisions during the project development phase.
Additional revisions beyond this limit will be billed at ZAR 500 per revision.
Requests for additional features, design modifications, or third-party integrations outside the initial agreement will be billed separately at an hourly rate or as a quoted fee.

2.5 Refunds: Payments are non-refundable except where explicitly agreed in writing.

3. PROJECT TIMELINES & CLIENT RESPONSIBILITIES

3.1 Developer agrees to complete the project within the estimated timeline, provided the Client supplies all necessary content, approvals, and feedback promptly.

3.2 If the Client fails to provide required materials (e.g., text, images, product details) within 30 days, Developer reserves the right to terminate the project without refund.

3.3 If the Client is unresponsive for more than 14 days, Developer may place the project on hold, and an additional reactivation fee may apply.

4. INTELLECTUAL PROPERTY & USAGE RIGHTS

4.1 Upon full payment, the Client receives a non-exclusive, royalty-free license to use the final website for business purposes.

4.2 Developer retains the right to:

Showcase the project in portfolios, marketing, and promotional materials.
Reuse any non-exclusive code, design elements, or components.

4.3 The Client does not own any third-party plugins, stock images, fonts, or software licenses purchased on their behalf. Separate licensing fees may apply.

4.4 Credit & Attribution:

A “Designed by Bizar Design Studio” credit will be placed in the website footer.
If the Client wishes to remove the credit, they may do so by paying a one-time fee of ZAR 40,000.
Even if credit is removed, the Developer reserves the right to include the project in their portfolio.

5. WARRANTIES & LIMITATION OF LIABILITY

5.1 Developer guarantees the website will function as intended for 30 days post-launch, provided no third-party changes have been made.

5.2 Developer is not responsible for:

Security breaches, hacking, or malware attacks after the project is completed.
Hosting/server-related issues or downtime beyond our control.
SEO ranking performance or visitor engagement.
Changes made by the Client or a third party that affect website functionality.

5.3 Developer’s liability is limited to the total amount paid by the Client under this Agreement. Developer is not liable for indirect or consequential damages.

6. TERMINATION POLICY

6.1 Either party may terminate this Agreement in writing.

6.2 If the Client cancels the project before completion, Developer retains all paid amounts and may charge for work completed.

6.3 If Developer terminates the Agreement due to a breach by the Client (e.g., non-payment, unresponsiveness), no refund will be issued.

6.4 If termination occurs after website delivery, the Client is responsible for securing their data and hosting arrangements.

7. CONFIDENTIALITY & DATA PROTECTION

7.1 Both parties agree to keep confidential any sensitive business, technical, or proprietary information shared during the project.

7.2 Developer may retain copies of work for backup and reference but will not share confidential details with third parties.

7.3 Developer follows industry-standard data protection practices but is not liable for external breaches beyond its control.

8. DISPUTE RESOLUTION & GOVERNING LAW

8.1 Any disputes will first be resolved through good-faith negotiations.

8.2 If unresolved, disputes will be referred to binding arbitration in South Africa under applicable commercial arbitration rules.

8.3 This Agreement is governed by and interpreted in accordance with the laws of the Republic of South Africa.

9. MISCELLANEOUS PROVISIONS

9.1 This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements.

9.2 Amendments or modifications must be in writing and signed by both parties.

9.3 If any part of this Agreement is found unenforceable, the remaining sections shall remain valid.

9.4 Developer may assign subcontractors to assist with project completion but remains responsible for overall service quality.

9.5 Force Majeure: Neither party shall be liable for delays or failures caused by events beyond reasonable control, such as natural disasters, internet failures, or governmental restrictions.

By signing below, you acknowledge that you have read, understood, and agreed to this Agreement.

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2025-02-24 02:02:38 SAST

WEB DEVELOPMENT AGREEMENT Uploaded by Samuel O. Oliha - hello@bizar.co.za IP 41.145.192.148