The Website Design Agreement is a crucial document for any business engaging professional services for their online presence in Malta. It sets out the legal framework for the relationship between the website designer/agency and the client, ensuring clear understanding of deliverables, timelines, and responsibilities. This agreement is particularly important in the context of Malta's growing digital economy and must comply with the Electronic Commerce Act (Chapter 426) and related regulations. It covers essential aspects such as intellectual property rights, payment terms, acceptance criteria, and technical specifications while incorporating Malta's specific legal requirements for digital services and e-commerce. The agreement is designed to protect both parties' interests while ensuring the project's successful delivery within the Maltese legal framework.
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1. Parties: Identification and details of the website designer/company and the client
2. Background: Context of the agreement and general purpose of the website design project
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the website design services to be provided
5. Project Timeline and Milestones: Specific deadlines and delivery stages for the project
6. Client Obligations: Responsibilities of the client including providing content and feedback
7. Designer Obligations: Responsibilities of the designer including design standards and technical requirements
8. Payment Terms: Fee structure, payment schedule, and payment methods
9. Intellectual Property Rights: Ownership and licensing of design elements, source code, and content
10. Acceptance and Testing: Process for website testing, client approval, and acceptance criteria
11. Warranties and Representations: Guarantees regarding the quality of work and compliance with standards
12. Term and Termination: Duration of the agreement and conditions for termination
13. Confidentiality: Protection of confidential information exchanged during the project
14. Limitation of Liability: Limits on liability and indemnification provisions
15. General Provisions: Standard legal clauses including governing law, notices, and amendment procedures
1. E-commerce Functionality: Additional terms for online store implementation, payment processing, and security requirements
2. Third-Party Integrations: Terms regarding integration with third-party services, APIs, or platforms
3. Search Engine Optimization: Specific provisions for SEO services if included in the scope
4. Content Creation: Terms for content writing services if provided by the designer
5. Maintenance and Support: Post-launch maintenance and support services if offered
6. Domain Name and Hosting: Terms related to domain registration and hosting services if provided
7. Training: Provisions for training client staff on website management
8. Data Protection: Specific GDPR compliance terms if handling personal data
1. Schedule A - Website Specifications: Detailed technical specifications, design requirements, and functionality
2. Schedule B - Project Timeline: Detailed project plan with specific dates and milestones
3. Schedule C - Fee Schedule: Breakdown of costs, payment milestones, and additional charges
4. Schedule D - Design Mock-ups: Approved design concepts and wireframes
5. Schedule E - Testing Protocol: Testing procedures, acceptance criteria, and bug reporting process
6. Appendix 1 - Change Request Form: Template for requesting and approving changes to the project scope
7. Appendix 2 - Maintenance SLA: Service level agreement for ongoing maintenance if applicable
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