[{"data":1,"prerenderedAt":523},["ShallowReactive",2],{"document-website-service-agreement-terms-of-use-D840":3},{"document":4,"label":23,"preview":11,"thumb":24,"description":5,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":25,"breadcrumb":29,"related":37,"customDescModule":176,"customdescription":6,"mdFm":177,"mdProseHtml":522},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":15,"keywords":22},"YOUR WEBSITE ADDRESS SERVICE AGREEMENT/TERMS OF USE ACCEPTANCE OF TERMS The services that [YOUR COMPANY NAME] provides to User is subject to the following Terms of Use (\"TOU\"). [YOUR COMPANY NAME] reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the \"Terms of Use\" hypertext link located at the bottom of our Web pages. This Agreement, which incorporates by reference other provisions applicable to use of [YOUR WEBSITE ADDRESS], including, but not limited to, supplemental terms and conditions set forth hereof (\"Supplemental Terms\") governing the use of certain specific material contained in [YOUR WEBSITE ADDRESS], sets forth the terms and conditions that apply to use of [YOUR WEBSITE ADDRESS] by User. By using [YOUR COMPANY NAME] (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use [YOUR WEBSITE ADDRESS] is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any. [YOUR COMPANY NAME] shall have the right at any time to change or discontinue any aspect or feature of [YOUR WEBSITE ADDRESS], including, but not limited to, content, hours of availability, and equipment needed for access or use. Changed Terms [YOUR COMPANY NAME] shall have the right at any time to change or modify the terms and conditions applicable to User's use of [YOUR WEBSITE ADDRESS], or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on [YOUR WEBSITE ADDRESS], or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of [YOUR WEBSITE ADDRESS] by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions. DESCRIPTION OF SERVICES Through its Web property, [YOUR COMPANY NAME] provides User with access to a variety of resources, including download areas, communication forums and product information (collectively \"Services\"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU. Equipment User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of [YOUR WEBSITE ADDRESS] and all charges related thereto. User Conduct User shall use [YOUR WEBSITE ADDRESS] for lawful purposes only. User shall not post or transmit through [YOUR WEBSITE ADDRESS] any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without [YOUR COMPANY NAME] 's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in [YOUR COMPANY NAME] 's discretion restricts or inhibits any other User from using or enjoying [YOUR WEBSITE ADDRESS] will not be permitted. User shall not use [YOUR WEBSITE ADDRESS] to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with [YOUR COMPANY NAME]. [YOUR WEBSITE ADDRESS] contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of [YOUR WEBSITE ADDRESS] are copyrighted as a collective work under the [YOUR COUNTRY] copyright laws. [YOUR COMPANY NAME] owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of [YOUR COMPANY NAME] and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material. User shall not upload, post or otherwise make available on [YOUR WEBSITE ADDRESS] any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of [YOUR WEBSITE ADDRESS], User automatically grants, or warrants that the owner of such material has expressly granted [YOUR COMPANY NAME] the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants [YOUR COMPANY NAME] the right to edit, copy, publish and distribute any material made available on [YOUR WEBSITE ADDRESS] by User. The foregoing provisions of Section 5 are for the benefit of [YOUR COMPANY NAME], its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. USE OF SERVICES The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a \"Communication Service\" and collectively \"Communication Services\"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not: Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information",null,"Website Service Agreement Terms of Use","9",75,"doc","https://templates.business-in-a-box.com/imgs/1000px/website-service-agreement_terms-of-use-D840.png","https://templates.business-in-a-box.com/imgs/250px/840.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#840.xml",{"title":6,"description":6},[16,19],{"label":17,"url":18},"Software & Technology","/templates/software-technology-business/",{"label":20,"url":21},"E-Commerce","/templates/ecommerce-business/","website service agreement terms use","Website Service Agreement Terms of Use Template","https://templates.business-in-a-box.com/imgs/400px/840.png",[26,16,19],{"label":27,"url":28},"Templates","/templates/",[30,31,34],{"label":27,"url":28},{"label":32,"url":33},"Legal Agreements","/templates/business-legal-agreements/",{"label":35,"url":36},"Services & Consulting","/templates/services-and-consulting/",[38,42,46,50,54,58,62,66,70,74,78,82,86,103,118,133,146,163],{"label":39,"url":40,"thumb":41,"extension":10},"Terms of Service Agreement","/template/terms-of-service-agreement-D920","https://templates.business-in-a-box.com/imgs/250px/920.png",{"label":43,"url":44,"thumb":45,"extension":10},"Website Terms and Conditions","/template/website-terms-and-conditions-D13193","https://templates.business-in-a-box.com/imgs/250px/13193.png",{"label":47,"url":48,"thumb":49,"extension":10},"Vehicle Use Agreement","/template/vehicle-use-agreement-D13798","https://templates.business-in-a-box.com/imgs/250px/13798.png",{"label":51,"url":52,"thumb":53,"extension":10},"Website Design Agreement","/template/website-design-agreement-D821","https://templates.business-in-a-box.com/imgs/250px/821.png",{"label":55,"url":56,"thumb":57,"extension":10},"Website License Agreement","/template/website-license-agreement-D825","https://templates.business-in-a-box.com/imgs/250px/825.png",{"label":59,"url":60,"thumb":61,"extension":10},"Land Use Restriction Agreement","/template/land-use-restriction-agreement-D13425","https://templates.business-in-a-box.com/imgs/250px/13425.png",{"label":63,"url":64,"thumb":65,"extension":10},"Web Site Development and Service Agreement","/template/web-site-development-and-service-agreement-D5181","https://templates.business-in-a-box.com/imgs/250px/5181.png",{"label":67,"url":68,"thumb":69,"extension":10},"Equipment Use Agreement","/template/equipment-use-agreement-D12844","https://templates.business-in-a-box.com/imgs/250px/12844.png",{"label":71,"url":72,"thumb":73,"extension":10},"License to Use Agreement","/template/license-to-use-agreement-D1149","https://templates.business-in-a-box.com/imgs/250px/1149.png",{"label":75,"url":76,"thumb":77,"extension":10},"Legal Service Agreement","/template/legal-service-agreement-D14001","https://templates.business-in-a-box.com/imgs/250px/14001.png",{"label":79,"url":80,"thumb":81,"extension":10},"Customer Service Agreement","/template/customer-service-agreement-D13827","https://templates.business-in-a-box.com/imgs/250px/13827.png",{"label":83,"url":84,"thumb":85,"extension":10},"IT Service Agreement","/template/it-service-agreement-D13422","https://templates.business-in-a-box.com/imgs/250px/13422.png",{"description":87,"descriptionCustom":6,"label":88,"pages":89,"size":90,"extension":10,"preview":91,"thumb":92,"svgFrame":93,"seoMetadata":94,"parents":96,"keywords":95,"url":102},"NON-DISCLOSURE AGREEMENT (NDA) This Non-Disclosure Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Disclosing Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [RECEIVING PARTY NAME] (the \"Receiving Party\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, Receiving Party has been or will be engaged in the performance of work on [DESCRIBE]; and in connection therewith will be given access to certain confidential and proprietary information; and WHEREAS, Receiving Party and Disclosing Party wish to evidence by this Agreement the manner in which said confidential and proprietary material will be treated. NOW, THEREFORE, it is agreed as follows: NON-DISCLOSURE OF CONFIDENTIAL INFORMATION Both Parties understand and agree that each Party may have access to the confidential information of the other party. For the purposes of this Agreement, \"Confidential Information\" means proprietary and confidential information about the Disclosing Party's (or it's suppliers') business or activities. Such information includes all business, financial, technical, and other information marked or designated by such Party as \"confidential\" or \"proprietary.\" Confidential Information also includes information which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential. For the purposes of this Agreement, Confidential Information does not include: Information that is currently in the public domain or that enters the public domain after the signing of this Agreement. Information a Party lawfully receives from a third Party without restriction on disclosure and without breach of a non-disclosure obligation. Information that the Receiving Party knew prior to receiving any Confidential Information from the Disclosing Party. Information that the Receiving Party independently develops without reliance on any Confidential Information from the Disclosing Party. Each Party agrees that it will not disclose to any third Party or use any Confidential Information disclosed to it by the other Party except when expressly permitted in writing by the other Party. Each Party also agrees that it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other Party in its possession or control. TERM The term of this Agreement is [number] of [years/months] from the date of execution by both Parties. TITLE The Receiving Party agrees that all Confidential Information furnished by the Disclosing Party shall remain the sole property of the Disclosing Party. DISCLAIMER","Non Disclosure Agreement Nda","3",513,"https://templates.business-in-a-box.com/imgs/1000px/non-disclosure-agreement-nda-D12692.png","https://templates.business-in-a-box.com/imgs/250px/12692.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12692.xml",{"title":95,"description":6},"non disclosure agreement nda",[97,99],{"label":32,"url":98},"business-legal-agreements",{"label":100,"url":101},"Confidentiality Agreements","confidentiality-agreement","/template/non-disclosure-agreement-nda-D12692",{"description":104,"descriptionCustom":6,"label":105,"pages":106,"size":107,"extension":10,"preview":108,"thumb":109,"svgFrame":110,"seoMetadata":111,"parents":112,"keywords":116,"url":117},"INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement (\"Agreement\") is made and effective [Date], BETWEEN: [INDEPENDENT CONTRACTOR NAME] (the \"Independent Contractor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS Independent Contractor is engaged in providing [Describe] business services, its Employer Tax I.D. Number is [Insert], and its Business License Number is [insert]. Independent Contractor has complied with all Federal, State, and local laws regarding business permits, sales permits, licenses, reporting requirements, tax withholding requirements, and other legal requirements of any kind that may be required to carry out said business and the Scope of Work which is to be performed as an Independent Contractor pursuant to this Agreement. Independent Contractor is or remains open to conducting similar tasks or activities for clients other than the Company and holds themselves out to the public to be a separate business entity. Company desires to engage and contract for the services of the Independent Contractor to perform certain tasks as set forth below. Independent Contractor desires to enter into this Agreement and perform as an independent contractor for the company and is willing to do so on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the above recitals and the mutual promises and conditions contained in this Agreement, the Parties agree as follows: TERMS This Agreement shall be effective commencing [Date], and shall continue until terminated at the completion of the Scope of Work which shall occur no later than [Date] or by either party as otherwise provided herein. STATUS OF INDEPENDENT CONTRACTOR This Agreement does not constitute a hiring by either party. It is the parties intentions that Independent Contractor shall have an independent contractor status and not be an employee for any purposes, including, but not limited to, [laws]. Independent Contractor shall retain sole and absolute discretion in the manner and means of carrying out their activities and responsibilities under this Agreement. This Agreement shall not be considered or construed to be a partnership or joint venture, and the Company shall not be liable for any obligations incurred by Independent Contractor unless specifically authorized in writing. Independent Contractor shall not act as an agent of the Company, ostensibly or otherwise, nor bind the Company in any manner, unless specifically authorized to do so in writing. TASKS, DUTIES, AND SCOPE OF WORK Independent Contractor agrees to devote as much time, attention, and energy as necessary to complete or achieve the following: [Describe]. The above to be referred to in this Agreement as the \"Scope of Work\". It is expected that the Scope of Work will completed by [Date]. Independent Contractor shall additionally perform any and all tasks and duties associated with the Scope of Work set forth above, including but not limited to, work being performed already or related change orders. Independent Contractor shall not be entitled to engage in any activities which are not expressly set forth by this Agreement. The books and records related to the Scope of Work set forth in this Agreement shall be maintained by the Independent Contractor at the Independent Contractor's principal place of business and open to inspection by Company during regular working hours. Documents to which Company will be entitled to inspect include, but are not limited to, any and all contract documents, change orders/purchase orders and work authorized by Independent Contractor or Company on existing or potential projects related to this Agreement. Independent Contractor shall be responsible to the management and directors of Company, but Independent Contractor will not be required to follow or establish a regular or daily work schedule. Supply all necessary equipment, materials and supplies. Independent Contractor will not rely on the equipment or offices of Company for completion of tasks and duties set forth pursuant to this Agreement. Any advice given Independent Contractors regarding the scope of work shall be considered a suggestion only, not an instruction. Company retains the right to inspect, stop, or alter the work of Independent Contractor to assure its conformity with this Agreement. ASSURANCE OF SERVICES Independent Contractor will assure that the following individuals (the \"Key Employees\") will be available to perform, and will perform, the Services hereunder until they are completed (identify by title and name as applicable): [Name of Key Employee, Title] [Name of Key Employee, Title] The Key Employees may be changed only with the prior written approval of the Company, which approval shall not be unreasonably withheld. COMPENSATION Independent Contractor shall be entitled to compensation for performing those tasks and duties related to the Scope of Work as follows: [Describe] Such compensation shall become due and payable to Independent Contractor in the following time, place, and manner: [Describe] NOTICE CONCERNING WITHHOLDING OF TAXES Independent Contractor recognizes and understands that it will receive a [specify tax] statement and related tax statements, and will be required to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Independent Contractor hereby promises and agrees to indemnify the Company for any damages or expenses, including attorney's fees, and legal expenses, incurred by the Company as a result of independent contractor's failure to make such required payments. AGREEMENT TO WAIVE RIGHTS TO BENEFITS Independent Contractor hereby waives and foregoes the right to receive any benefits given by Company to its regular employees, including, but not limited to, health benefits, vacation and sick leave benefits, profit sharing plans, etc. This waiver is applicable to all non-salary benefits which might otherwise be found to accrue to the Independent Contractor by virtue of their services to Company, and is effective for the entire duration of Independent Contractor's agreement with Company. This waiver is effective independently of Independent Contractor's employment status as adjudged for taxation purposes or for any other purpose. Neither this Agreement, nor any duties or obligations under this Agreement may be assigned by either party without the consent of the other. TERMINATION This Agreement may be terminated prior to the completion or achievement of the Scope of Work by either party giving [number] days written notice. Such termination shall not prejudice any other remedy to which the terminating party may be entitled, either by law, in equity, or under this Agreement. NON-DISCLOSURE OF TRADE SECRETS, CUSTOMER LISTS AND OTHER PROPRIETARY INFORMATION Independent Contractor agrees not to disclose or communicate, in any manner, either during or after Independent Contractor's agreement with Company, information about Company, its operations, clientele, or any other information, that relate to the business of Company including, but not limited to, the names of its customers, its marketing strategies, operations, or any other information of any kind which would be deemed confidential, a trade secret, a customer list, or other form of proprietary information of Company. Independent Contractor acknowledges that the above information is material and confidential and that it affects the profitability of Company. ","Independent Contractor Agreement","6",62,"https://templates.business-in-a-box.com/imgs/1000px/independent-contractor-agreement-D160.png","https://templates.business-in-a-box.com/imgs/250px/160.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#160.xml",{"title":6,"description":6},[113],{"label":114,"url":115},"Consultant & Contractors","consulting-contractor-business","independent contractor agreement","/template/independent-contractor-agreement-D160",{"description":119,"descriptionCustom":6,"label":120,"pages":121,"size":122,"extension":10,"preview":123,"thumb":124,"svgFrame":125,"seoMetadata":126,"parents":127,"keywords":131,"url":132},"CUSTOM SOFTWARE DEVELOPMENT AGREEMENT This Custom Software Development Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [CUSTOMER NAME] (the \"Customer\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Developer\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS WHEREAS Customer wishes to [DESCRIBE NEEDS TO BE ADDRESSED], and wants to hire Developer to develop these custom software packages, and; WHEREAS Developer desires to develop these custom software packages for Customer: NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto, intending, to be legally bound, agree as follows: Purpose of Agreement Customer desires to retain Developer as an independent contractor to develop the computer software (the \"Software\") described in the Functional Specifications contained in Exhibit A attached to and made part of this Agreement. Developer is ready, willing and able to undertake the development of the Software and agrees to do so under the terms and conditions set forth in this Agreement. Preparation of Development Plan Developer shall prepare a development plan (\"Development Plan\") for the Software, satisfying the requirements set forth in the Functional Specifications. The Development Plan shall include: Detailed Specifications for the Software; A listing of all items to be delivered to Customer under this Agreement (\"Deliverables\"); A delivery schedule containing a delivery date for each Deliverable; and A payment schedule setting forth the amount and time of Developer's compensation. ACCEPTANCE OF DEVELOPMENT PLAN Developer shall deliver the Development Plan to Customer by [DEVELOPMENT PLAN DEADLINE]. Customer shall have [NUMBER] days to review the Development Plan. Upon approval of the Development Plan by Customer, it will be marked as Exhibit B and will be deemed by both parties to have become a part of this Agreement and will be incorporated by reference. Developer shall then commence development of Software that will substantially conform to the requirements set forth in the Development Plan. If the Development Plan is in Customer's reasonable judgment unsatisfactory in any material respect, Customer shall prepare a detailed written description of the objections. Customer shall deliver such objections to Developer within [NUMBER] days of receipt of the Development Plan. Developer shall then have [NUMBER] days to modify the Development Plan to respond to Customer's objections. Customer shall have [NUMBER] days to review the modified Development Plan. If Customer deems the modified Development Plan to be unacceptable, Customer has the option of terminating this Agreement upon written notice to Developer or permitting Developer to modify the Development Plan again under the procedure outlined in this paragraph. If this Agreement is terminated, the obligations of both parties under it shall end except for Customer's obligation to pay Developer all sums due for preparing the Development Plan and the ongoing obligations of confidentiality set forth in the provision of this Agreement entitled \"Confidentiality.\" Payment for Development Plan If the Development Plan is not accepted by Customer and Customer terminates this Agreement, Developer shall be entitled to compensation on a time and materials basis at an hourly rate of [HOURLY RATE] plus expenses to the date of termination. Developer shall submit an invoice detailing its time and expenses preparing the Development Plan. If the invoice amount is less than the amounts paid to Developer prior to termination, Developer shall promptly return the excess to Customer. If the invoice amount exceeds the amounts paid to Developer prior to termination, Customer shall promptly pay Developer the difference. However, Developer's total compensation for preparing the Development Plan shall not exceed [AMOUNT]. Payment [TIME AND MATERIALS AGREEMENT] Developer shall be compensated at the rate of [RATE] per hour [OR \"day,\" \"week,\" \"month\"]. Payment will be made within [NUMBER OF DAYS] days of Developer's submission of an invoice for work completed. [OPTIONAL: \"Unless otherwise agreed upon in writing by Customer, Customer's maximum liability for all services performed during the term of this Agreement shall not exceed [MAXIMUM AMOUNT].\"] OR [FIXED PRICE AGREEMENT] The total contract price shall be set forth in the Development Plan. Customer shall pay the Developer the sum of [INITIAL AMOUNT] upon execution of this Agreement and the sum of [AMOUNT IF PLAN APPROVED] upon Customer's approval of the Development Plan. The remainder of the contract price shall be payable in installments according to the payment schedule to be included in the Development Plan. Each installment shall be payable upon completion of each project phase by Developer and acceptance by Customer in accordance with the provision of this Agreement entitled \"Acceptance Testing of Software.\" Payment of Developer's Costs Customer shall reimburse Developer for all out-of-pocket expenses incurred by Developer in performing services under this Agreement. Such expenses include, but are not limited, to: All communications charges Costs for providing conversion services for converting Customer's database Media costs Travel expenses other than normal commuting, including airfares, rental vehicles, and highway mileage in company or personal vehicles at [cents per mile] Other expenses resulting from the work performed under this Agreement. Developer shall submit an itemized statement of Developer's expenses. Customer shall pay Developer within [NUMBER] days from the date of each statement. Late Fees Late payments by Customer shall be subject to late penalty fees of [%] per month from the due date until the amount is paid. Materials Customer shall make available to Developer, at Customer's expense, the following materials, facilities and equipment: [LIST] These items will be provided to Customer by [DATE]. Changes in Project Scope If at any time following acceptance of the Development Plan by Customer, Customer should desire a change in Developer's performance under this Agreement that will alter or amend the Specifications or other elements of the Development Plan, Customer shall submit to Developer a written proposal specifying the desired changes. Developer will evaluate each such proposal at its standard rates and charges. Developer shall submit to Customer a written response to each such proposal within [NUMBER] working days following receipt thereof. Developer's written response shall include a statement of the availability of Developer's personnel and resources, as well as any impact the proposed changes will have on the contract price, delivery dates or warranty provisions of this Agreement. 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 Developer, whereupon Developer shall commence performance in accordance with it. Should Developer not approve the Development Plan Modification Agreement as written, Developer will so notify Customer within [NUMBER] working days of Developer's receipt of the Development Plan Modification Agreement. Developer shall not be obligated to perform any services beyond those called for in the Development Plan prior to its approval of the Development Plan Modification Agreement.","Custom Software Development Agreement","16",116,"https://templates.business-in-a-box.com/imgs/1000px/custom-software-development-agreement-D787.png","https://templates.business-in-a-box.com/imgs/250px/787.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#787.xml",{"title":6,"description":6},[128,130],{"label":17,"url":129},"software-technology-business",{"label":17,"url":129},"custom software development agreement","/template/custom-software-development-agreement-D787",{"description":134,"descriptionCustom":6,"label":135,"pages":136,"size":90,"extension":10,"preview":137,"thumb":138,"svgFrame":139,"seoMetadata":140,"parents":142,"keywords":141,"url":145},"MASTER SERVICE AGREEMENT This Master Service Agreement (\"Agreement\") is made and effective this [Date], BETWEEN: [YOUR COMPANY NAME],\" PARTY A\", a corporation organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [COMPANY NAME],\" PARTY B\", a corporation organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] SCOPE OF SERVICES [PARTY A] shall provide [PARTY B] with the services and products described in the Statements of Work. The SOW must describe the respective contribution and services of each party. Any services provided by either party under this Agreement are referred to as the \"Services\". For the purposes of this Agreement, the party engaged to perform the Services, [PARTY A], is the \"Performing Party\" and the party for whom the Services are to be performed, [PARTY B], is the \" Engaging Party\". All SOWs that are negotiated between the parties shall be in writing and executed by both parties and shall be attached hereto as supplemental Exhibits, and shall be incorporated into, and governed by, this Agreement. STATEMENT OF WORK (SOW) Contents of Statements of Work The parties shall describe each individual deliverable to be provided under this agreement in its own statement of work (each, a \"Statement of Work\"), each one including a complete description of the deliverable provided under the Statement of Work, the number of [PARTY A] personnel who will be assigned to provide the deliverable in question, key [PARTY A] personnel the parties agree are essential to the provision of the particular deliverable (shall not exceed [SPECIFY] percent of the total personnel assigned to this Statement of Work) (each one a \"Key Personnel\"), the applicable fees and fee schedule, including any milestones and milestone payments if applicable, for the particular deliverable, the service levels and acceptance criteria for the particular deliverable, any materials the parties will provide for the particular deliverable, a timeline for providing the particular deliverable, and a unique identification number for the Statement of Work and explicit reference to this agreement. Integration. A Statement of Work signed by both parties, bearing a unique identification number and making explicit reference to this Agreement, shall be deemed to form an integral part of this Agreement. Severable. The parties may terminate any individual Statement of Work without affecting the rest of the agreement or any other Statement of Work. Conflict of Terms. If there is a conflict between the terms of this agreement and any Statement of Work, the Statement of Work shall apply. Changes to Statements of Work Proposing Changes. Either party may propose amendments to the Statement of Work deliverable, fees or schedule by giving written notice to the other party. Finalizing Changes. If the parties agree to change the deliverable, fees, or schedule of a Statement of Work they parties shall cooperate to execute a written amendment to the relevant Statement of Work detailing the changes. Additional Statements of Work Request Additional Services. [PARTY B] may request additional services by sending a written notice to [PARTY A] reasonably detailing the services requested. Assess the Request. Immediately after receiving a request for additional services from [PARTY B], [PARTY A] shall evaluate the request to determine whether there are circumstances preventing it from providing the requested services and, if there are no circumstances preventing it from providing the requested services, shall provide [PARTY A] with the estimated fees and timelines for such requested services. Execute New Statement of Work. If after receiving [PARTY A] 's estimates [PARTY B] still wants the requested services, the parties shall execute a new Statement of Work according to the requirements of paragraph CONTENT OF STATEMENTS OF WORK. Acceptance and Rejection Inspection Period. [PARTY B] shall have an \"Inspection period\" of [NUMBER] working days after [PARTY A] has provided the deliverable to review and verify that the deliverable meets the acceptance criteria as set out in the applicable Statement of Work (the \"Inspection Period\"). Acceptance. If in [PARTY B] 's opinion the deliverable meets the acceptance criteria, [PARTY B] must accept the deliverable and notify [PARTY A] that it is accepting the deliverable. Deemed Acceptance.[PARTY B] shall be deemed to have accepted the deliverable if [PARTY B] fails to notify [PARTY A] by the end of the inspection period, or if, during the inspection period, [PARTY B] uses or attempts to use the deliverable beyond what is necessary for the inspection and testing, in a manner that a reasonable person would consider compatible with [PARTY B] having accepted deliverable from [PARTY A]. Rejection. If in [PARTY B]'s opinion, the deliverable does not materially meet the acceptance criteria, [PARTY B] may reject the deliverable by delivering to [PARTY B] a written list detailing each failure to satisfy the acceptance criteria. TERM The term of this Agreement begins on [INSERT START DATE] and continues until such time as the Deliverables have been provided to the Purchaser in accordance with this Agreement or until such time as this Agreement is terminated by either party in accordance with its terms. BUDGET AND PAYMENT DEADLINE The budget and payment deadline will be defined in each SOW. Unless otherwise provided in this SOW, uncontested invoices are payable within 30 calendar days of receipt of the invoice. Payment is made as follows: [SPECIFY]. INDEPENDENT CONTRACTOR The relationship between [PARTY A] and [PARTY B] shall, within the context of the SOW, be that of an independent contractor, and nothing in this Agreement should be construed to create a partnership, joint venture, or employer-employee relationship. Each Party shall, at all times during the term of this Agreement, perform the duties and responsibilities herein without any control by the other Party. Either Party may realize a profit or loss in connection with performing the services. Either Party may render similar services for the benefit of others. Neither Party is an agent of the other Party and is not authorized to make any representation, contract, or contract commitment on behalf of the other Party. DELIVERABLES The Supplier shall provide the goods and/or services described in the Statement of Work (attached) of this Master Service Agreement. CONFIDENTIALITY Information shall be treated as confidential during the term of this Agreement and for a period of seven (7) years thereafter. During such period, the parties will not: (a) disclose the Confidential Information of the Disclosing Party to any third party, using at least the same degree of care as it uses to protect its own confidential information, but not less than reasonable care or (b) use such information for any purpose other than to perform its obligations under this Agreement. Confidential Information does not include information which has previously been made generally available to the public, becomes publicly known, without fault on the part of the Receiving Party, subsequent to disclosure by the Disclosing Party of such information to the Receiving Party, is received by the Receiving Party at any time from a source, other than the Disclosing Party, lawfully having possession of and the right to disclose such information, otherwise becomes known by the Receiving Party prior to disclosure by the Disclosing Party to the receiving party of such information, or is independently developed by the Receiving Party without use of such information","Master Service Agreement","7","https://templates.business-in-a-box.com/imgs/1000px/master-service-agreement-D12657.png","https://templates.business-in-a-box.com/imgs/250px/12657.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12657.xml",{"title":141,"description":6},"master service agreement",[143,144],{"label":32,"url":98},{"label":32,"url":98},"/template/master-service-agreement-D12657",{"description":147,"descriptionCustom":6,"label":148,"pages":136,"size":90,"extension":10,"preview":149,"thumb":150,"svgFrame":151,"seoMetadata":152,"parents":154,"keywords":153,"url":162},"EMPLOYMENT AGREEMENT - AT WILL EMPLOYEE This Employment Agreement for \"At Will\" Employee (the \"Agreement\") is made and effective this [DATE], BETWEEN: [EMPLOYEE NAME] (the \"Employee\"), an individual with his main address at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Corporation\"), an entity organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS In consideration of the covenants and agreements herein contained and the moneys to be paid hereunder, the Corporation hereby employs the Employee and the Employee hereby agrees to perform services as an employee of the Corporation, on an \"at will\" basis, upon the following terms and conditions: APPOINTMENT The Employee is hereby employed by the Corporation to render such services and to perform such tasks as may be assigned by the Corporation. The Corporation may, in its sole discretion, increase or reduce the duties, or modify the title and job description, of the Employee from time to time, and any such increase, reduction or modification shall not be deemed a termination of this Agreement. ACCEPTANCE OF EMPLOYMENT Employee accepts employment with the Corporation upon the terms set forth above and agrees to devote all Employee's time, energy and ability to the interests of the Corporation, and to perform Employee's duties in an efficient, trustworthy and business-like manner. DEVOTION OF TIME TO EMPLOYMENT The Employee shall devote the Employee's best efforts and substantially all of the Employee's working time to performing the duties on behalf of the Corporation. The Employee shall provide services during the hours that are scheduled by the Corporation management. The Employee shall be prompt in reporting to work at the assigned time. NO CONFLICT OF INTEREST Employee shall not engage in any other business while employed by the Corporation. Employee shall not engage in any activity that conflicts with the Employees duties to the Corporation. Employee shall not provide any service or lend any aid or assistance to any party that competes with the services offered by the Corporation. Employee shall not provide any services to clients or prospective clients of the Corporation outside of the provision of services for the Corporation, whether such services are provided with or without compensation or remuneration. CORPORATION PROPERTY Employee acknowledges and agrees that while employed by the Corporation the Employee may be provided with use of computer equipment and other property of the Corporation. The use and possession of the such items shall be subject to any policies, requirements or restrictions established by the Corporation. Such items may only be used in performance of the Employee's duties for the corporation. On request of the Corporation, the Employee shall immediately deliver any such items to the Corporation. Upon termination of employment, Employee shall have the affirmative duty to return any such item to the Corporation whether a request is made or not. The obligation to return Corporation property shall extend and include any and all work product, client property, proprietary rights, intangible property, and all other property of the corporation regardless of the form or medium. COMPENSATION The Corporation shall pay the Employee such hourly compensation as determined by the Corporation. Payment shall be at the same time as the Corporations usual payroll to other employees. BONUS & BENEFITS Payment of any bonuses shall be at the complete discretion of the Corporation. No guarantee or representation that any bonuses will be paid has been made to the Employee. Standard benefits that are provided to other non-management employees shall be offered to the Employee, subject to the Corporation's policies and the terms and conditions of such benefits. WITHHOLDING All sums payable to Employee under this Agreement will be reduced by all federal, state, local, and other withholdings and similar taxes and payments required by applicable law. QUALIFICATIONS OF EMPLOYEE The employee shall satisfy all of the qualification that are established by the Corporation. TERM OF AGREEMENT There shall be no guaranteed term of employment. Employer acknowledges and agrees that Employee shall be an \"At Will\" Employee and that Employee's employment may be terminated at any time by the Corporation, with or without cause. FEES FROM EMPLOYEE'S WORK The Corporation shall have exclusive authority to determine the fees, or a procedure for establishing the fees, to be charged to clients by the Corporation for services that are provided by the Employee. All sums paid to the Employee or the Corporation in the way of fees, in cash or in kind, or otherwise for services of the Employee, shall, except as otherwise specifically agreed by the Corporation, be and remain the property of the Corporation and shall be included in the Corporation's name in such checking account or accounts as the Corporation may from time to time designate. CLIENTS AND CLIENT RECORDS The Corporation shall have the authority to determine who will be accepted as clients of the Corporation, and the Employee recognizes that such clients accepted are clients of the Corporation and not the Employee. All client records and files of any type concerning clients of the Corporation shall belong to and remain the property of the Corporation, notwithstanding the subsequent termination of the employment. POLICIES AND PROCEDURES The Corporation shall have the authority to establish from time to time the policies and procedures to be followed by the Employee in performing services for the Corporation. This may include, but is not necessarily limited to, employment policies, computer use policies, Internet access policies, email policies, and all other policies, procedures, directives, and mandates established by the Corporation, whether or not in written form or formally adopted. Employee shall abide by the provisions of any contract entered into by the Corporation under which the Employee provides services. Employee shall comply with the terms and conditions of any and all contracts entered by the Corporation. TERMINATION Employee acknowledges and agrees that Employee is an \"at will\" employee of the Corporation. As such, no term of employment is created hereby and employee may be terminated at any time in the sole discretion of the Corporation, whether there exists any cause for termination or not. CREATIONS AND INVENTIONS Employee acknowledges and agrees that any and all work product of the Employee that is conceived or created during the Employee's employment with the Corporation is the exclusive property of the Corporation. This shall include any and all copyrights, trade secrets, confidential information, patents, trademarks, trade dress, ideas, concepts, plans, business plans, business concepts, techniques, inventions, drawings, artwork, logos, graphics, web pages, databases, software, programs, CGI's, plug ins, applications, brochures, inventions, marketing plans and concepts, and all other ideas and work product of the Employee. The Employee acknowledges and agrees that all creations shall be \"works made for hire\" as defined in the [ACT OR CODE]. Notwithstanding the fact that this material may be considered to be a work made for hire, Employee agrees, during Employee's employment and thereafter, which covenant shall survive any termination of the employment relationship, to execute any and all documents requested by the Corporation to confirm the Corporation's ownership and control of all such material, including but not limited to assignments of copyright, confirmations of work for hire status, waivers of proprietary rights, copyright application, and any other documents requested by Corporation. RESTRICTIVE COVENANTS","Employment Agreement_At Will Employee","https://templates.business-in-a-box.com/imgs/1000px/employment-agreement_at-will-employee-D541.png","https://templates.business-in-a-box.com/imgs/250px/541.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#541.xml",{"title":153,"description":6},"employment agreement_at will employee",[155,158,161],{"label":156,"url":157},"Human Resources","human-resources",{"label":159,"url":160},"Hire an Employee","hire-employee",{"label":32,"url":98},"/template/employment-agreement_at-will-employee-D541",{"description":164,"descriptionCustom":6,"label":165,"pages":166,"size":90,"extension":10,"preview":167,"thumb":168,"svgFrame":169,"seoMetadata":170,"parents":172,"keywords":171,"url":175},"[DATE] [CONTACT NAME] [ADDRESS] [ADDRESS 2] [CITY, STATE/PROVINCE] [ZIP/POSTAL CODE] SUBJECT: JOB OFFER FOR [DESCRIBE] Dear [CANDIDATE NAME]: Congratulations! [Company name] is excited to offer you the position of [job title] with an expected start date of [day, month, year] at a starting salary of [dollar amount] per [hour, year, etc.]. You can expect to receive payment [weekly, biweekly, monthly, etc.], starting on [date of first pay period]. We must wrap up a few more formalities, including the successful completion of your [background check, drug screening, reference check, etc.]. As the [job title], you will report to [manager/supervisor name and title] at [workplace location] from [hours of day, days of week]","Job Offer Letter Long","1","https://templates.business-in-a-box.com/imgs/1000px/job-offer-letter-long-D12769.png","https://templates.business-in-a-box.com/imgs/250px/12769.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12769.xml",{"title":171,"description":6},"job offer letter long",[173,174],{"label":156,"url":157},{"label":159,"url":160},"/template/job-offer-letter-long-D12769",false,{"seo":178,"reviewer":189,"legal_disclaimer":193,"quick_facts":194,"at_a_glance":196,"personas":200,"variants":225,"glossary":253,"clauses":290,"how_to_fill":340,"common_mistakes":381,"faqs":406,"industries":437,"comparisons":454,"diy_vs_lawyer":466,"jurisdictions":479,"related_template_ids_curated":500,"schema":509,"classification":510},{"meta_title":179,"meta_description":180,"primary_keyword":181,"secondary_keywords":182},"Website Service Agreement Terms Of Use Template | Free Word Download","Free website service agreement terms of use template. Covers service scope, payment, IP, liability limits, and termination.","website service agreement terms of use template",[183,184,185,186,187,188],"website service agreement template","terms of use agreement template","web development service agreement","website service contract template free","website terms of use template word","online service agreement template",{"name":190,"credential":191,"reviewed_date":192},"Bruno Goulet","CEO, Business in a Box","2026-05-02",true,{"difficulty":195,"legal_review_recommended":193,"signature_required":193,"notarization_required":176},"advanced",{"what_it_is":197,"when_you_need_it":198,"whats_inside":199},"A Website Service Agreement Terms of Use is a legally binding contract between a web service provider and a client that governs the delivery, use, and ownership of website-related services. This free Word download covers scope of work, fees, intellectual property assignment, acceptable use restrictions, liability limitations, and termination — consolidating service delivery terms and end-user rules into a single enforceable document you can edit online and export as PDF.\n","Use it before beginning any website development, hosting, maintenance, or digital service engagement where you need to define deliverables, protect proprietary assets, and limit your liability to end users or clients. It is equally critical when launching a public-facing web platform that collects user data or grants access to paid features.\n","Service scope and deliverables, payment schedule and late fees, intellectual property ownership and licensing, acceptable use policy, disclaimers and limitation of liability, confidentiality, termination rights, and governing law. The document addresses both the client-provider relationship and the provider-end-user relationship in a single instrument.\n",[201,205,209,213,217,221],{"title":202,"use_case":203,"icon_asset_id":204},"Web developers and agencies","Formalizing client engagements for website builds, redesigns, or ongoing maintenance","persona-web-developer",{"title":206,"use_case":207,"icon_asset_id":208},"SaaS founders","Governing user access to a web platform with enforceable acceptable use and liability limits","persona-startup-founder",{"title":210,"use_case":211,"icon_asset_id":212},"Freelance designers","Protecting IP ownership and securing payment before delivering website assets","persona-freelancer",{"title":214,"use_case":215,"icon_asset_id":216},"E-commerce business owners","Setting binding terms for customers using an online store or marketplace","persona-small-business-owner",{"title":218,"use_case":219,"icon_asset_id":220},"Digital marketing agencies","Covering SEO, PPC, and content service delivery under a single client agreement","persona-agency",{"title":222,"use_case":223,"icon_asset_id":224},"IT consultants","Documenting website hosting, migration, and technical support obligations","persona-it-consultant",[226,230,234,238,242,245,249],{"situation":227,"recommended_template":228,"slug":229},"Engaging a developer for a fixed-scope website build","Website Service Agreement Terms Of Use","website-service-agreement-terms-of-use-D840",{"situation":231,"recommended_template":232,"slug":233},"Providing ongoing monthly website maintenance and support","Website Maintenance Agreement","web-site-hosting-agreement-D776",{"situation":235,"recommended_template":236,"slug":237},"Publishing terms for a SaaS product with multiple user tiers","SaaS Subscription Agreement","subscription-agreement-D12537",{"situation":239,"recommended_template":240,"slug":241},"Sharing proprietary designs or code before a project begins","Non-Disclosure Agreement","non-disclosure-agreement-nda-D12692",{"situation":243,"recommended_template":105,"slug":244},"Engaging a freelancer rather than a business entity","independent-contractor-agreement-D160",{"situation":246,"recommended_template":247,"slug":248},"Building an e-commerce store with customer-facing purchase terms","Terms and Conditions of Sale","website-terms-and-conditions-D13193",{"situation":250,"recommended_template":251,"slug":252},"Hosting a platform that processes personal data of EU residents","Privacy Policy","data-privacy-policy-D13465",[254,257,260,263,266,269,272,275,278,281,284,287],{"term":255,"definition":256},"Scope of Work","A precise description of the deliverables, tasks, and boundaries of the services the provider is contracted to perform.",{"term":258,"definition":259},"Intellectual Property Assignment","A clause that transfers ownership of work product — code, design, content — from the creator to the client upon full payment.",{"term":261,"definition":262},"License Grant","Permission given by one party to another to use specific IP under defined conditions, without transferring ownership.",{"term":264,"definition":265},"Acceptable Use Policy (AUP)","A set of rules defining what users may and may not do on a website or platform, typically prohibiting illegal activity, scraping, and spam.",{"term":267,"definition":268},"Limitation of Liability","A clause capping the maximum financial exposure of one party to the other, typically expressed as a multiple of fees paid in the prior 12 months.",{"term":270,"definition":271},"Indemnification","A contractual obligation by one party to compensate the other for losses, damages, or legal costs arising from specified events or breaches.",{"term":273,"definition":274},"Force Majeure","A clause excusing non-performance caused by events outside a party's reasonable control — such as natural disasters, cyberattacks, or government actions.",{"term":276,"definition":277},"Service Level Agreement (SLA)","A commitment by the provider to meet defined performance metrics — uptime percentage, response time, or resolution time — with remedies for failure.",{"term":279,"definition":280},"Termination for Convenience","A right allowing either party to end the agreement without cause by giving a defined notice period, typically 30 days.",{"term":282,"definition":283},"Governing Law","The jurisdiction whose laws apply to interpret and enforce the agreement, regardless of where the parties are physically located.",{"term":285,"definition":286},"Work for Hire","A US copyright doctrine under which work created by an employee or contractor within the scope of employment automatically belongs to the hiring party.",{"term":288,"definition":289},"Uptime Guarantee","A provider's commitment to keep a website or platform available for a defined percentage of time per month — commonly 99.9%, equating to about 8.7 hours of downtime per year.",[291,296,301,306,311,316,321,326,331,335],{"name":292,"plain_english":293,"sample_language":294,"common_mistake":295},"Parties, recitals, and effective date","Identifies the service provider and client as legal entities, states the purpose of the agreement, and establishes the date on which it becomes binding.","This Website Service Agreement ('Agreement') is entered into as of [DATE] between [PROVIDER LEGAL NAME], a [STATE] [ENTITY TYPE] ('Provider'), and [CLIENT LEGAL NAME], a [STATE] [ENTITY TYPE] ('Client').","Using a trade name instead of the registered legal entity name — if the named party doesn't match corporate records, enforcing payment or IP clauses against the correct entity becomes complicated.",{"name":297,"plain_english":298,"sample_language":299,"common_mistake":300},"Scope of services and deliverables","Defines exactly what the provider will build or deliver, the timeline, and what is explicitly excluded from the engagement.","Provider shall design and develop the website features described in Schedule A, attached hereto. Services expressly exclude [EXCLUDED SERVICES]. Deliverables are due no later than [DATE] unless modified in writing by both parties.","Writing scope in vague terms like 'a professional website' — without specific deliverables, clients request unlimited revisions and providers have no basis to charge for out-of-scope work.",{"name":302,"plain_english":303,"sample_language":304,"common_mistake":305},"Fees, payment schedule, and late charges","States the total contract price, deposit requirements, milestone-based payment triggers, and the interest rate or fee applied to overdue balances.","Client shall pay Provider a total fee of $[AMOUNT], payable as follows: [X]% ($[AMOUNT]) upon execution; [X]% ($[AMOUNT]) upon delivery of [MILESTONE]; remainder upon final acceptance. Overdue balances accrue interest at 1.5% per month.","No deposit clause — starting work before any payment is received leaves the provider fully exposed if the client goes silent after consuming significant billable hours.",{"name":307,"plain_english":308,"sample_language":309,"common_mistake":310},"Intellectual property ownership and assignment","Determines who owns the final deliverables, what third-party or pre-existing IP the provider retains, and when ownership transfers to the client.","Upon receipt of full payment, Provider assigns to Client all right, title, and interest in the custom deliverables listed in Schedule A. Provider retains all rights to pre-existing tools, frameworks, and proprietary code incorporated into the deliverables, for which Provider grants Client a non-exclusive, perpetual license.","Assigning all IP — including the provider's pre-existing frameworks and open-source components — without carving them out. This can prevent the provider from using their own tools on future projects.",{"name":312,"plain_english":313,"sample_language":314,"common_mistake":315},"Acceptable use policy","Restricts how users may interact with the website or platform, prohibiting illegal activity, unauthorized data scraping, impersonation, and distribution of harmful content.","Users may not: (a) use the platform for any unlawful purpose; (b) scrape, crawl, or otherwise extract data without written consent; (c) upload malware or malicious code; (d) impersonate another user or entity; or (e) transmit unsolicited commercial communications.","Omitting the AUP entirely for client-provider agreements — without it, there is no contractual basis to suspend or terminate a client whose misuse of the deliverable triggers third-party liability for the provider.",{"name":317,"plain_english":318,"sample_language":319,"common_mistake":320},"Disclaimers and limitation of liability","Disclaims implied warranties (fitness for a particular purpose, merchantability) and caps each party's total financial exposure to a defined ceiling.","THE SERVICES ARE PROVIDED 'AS IS.' PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES. IN NO EVENT SHALL EITHER PARTY'S TOTAL LIABILITY EXCEED THE FEES PAID BY CLIENT IN THE [12] MONTHS PRECEDING THE CLAIM. NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.","No liability cap — without one, a single claim for lost business revenue could expose the provider to damages many times greater than the contract value.",{"name":322,"plain_english":323,"sample_language":324,"common_mistake":325},"Confidentiality","Prohibits both parties from disclosing the other's non-public information — business strategies, pricing, customer data, or proprietary code — during and after the engagement.","Each party ('Receiving Party') agrees not to disclose the other party's ('Disclosing Party') Confidential Information to any third party without prior written consent and to use it solely for purposes of this Agreement. This obligation survives termination for [3] years.","No survival clause — confidentiality obligations that expire on the agreement's end date leave sensitive information unprotected the moment the project closes.",{"name":327,"plain_english":328,"sample_language":329,"common_mistake":330},"Termination rights and consequences","Defines when either party may end the agreement — for cause immediately or for convenience with notice — and what happens to deliverables, deposits, and data upon termination.","Either party may terminate for convenience upon [30] days' written notice. Provider may terminate immediately upon Client's material breach or non-payment. Upon termination, Client shall pay for all work completed to date; Provider shall deliver all completed deliverables within [10] business days.","No clause addressing what happens to in-progress work on termination — providers often withhold deliverables and clients dispute what was completed, leading to protracted disputes.",{"name":270,"plain_english":332,"sample_language":333,"common_mistake":334},"Requires each party to defend and compensate the other for third-party claims arising from their own breaches, infringements, or negligence.","Client shall indemnify, defend, and hold harmless Provider from any third-party claims arising from Client's content, data, or breach of this Agreement. Provider shall indemnify Client from third-party claims arising from Provider's infringement of third-party intellectual property.","One-sided indemnification protecting only the provider — courts in some jurisdictions disfavor this structure, and sophisticated clients will reject the agreement outright.",{"name":336,"plain_english":337,"sample_language":338,"common_mistake":339},"Governing law, dispute resolution, and entire agreement","Specifies the jurisdiction whose law governs, how disputes are resolved (arbitration, mediation, or litigation), and confirms the written contract supersedes all prior agreements.","This Agreement is governed by the laws of [STATE/COUNTRY]. Disputes shall be resolved by binding arbitration in [CITY] under [AAA / JAMS] rules, except claims for injunctive relief. This Agreement constitutes the entire agreement between the parties and supersedes all prior representations and understandings.","Choosing a governing law with no connection to where either party operates — several states and countries apply local mandatory law regardless of the contract's choice-of-law clause.",[341,346,351,356,361,366,371,376],{"step":342,"title":343,"description":344,"tip":345},1,"Enter the legal entity names and effective date","Use the full registered legal name for both the provider and client — verify against business registration records. Enter the date both parties sign, not the date work begins.","If the client is an individual rather than a company, add their home address and clarify they are contracting in a personal capacity to avoid piercing-the-veil arguments later.",{"step":347,"title":348,"description":349,"tip":350},2,"Draft a detailed scope in Schedule A","Move all deliverable specifics — page count, features, integrations, revision rounds, and technology stack — into a Schedule A rather than the body of the agreement. This lets you update scope without amending the core contract.","Specify the number of included revision rounds explicitly: 'up to two rounds of revisions per deliverable' eliminates the most common source of scope disputes.",{"step":352,"title":353,"description":354,"tip":355},3,"Set the fee structure and payment milestones","Enter the total contract price, the deposit percentage (typically 25–50%), and the specific milestone or date that triggers each subsequent payment. Include the monthly interest rate for overdue balances.","Tie each payment milestone to a deliverable, not a calendar date — payment triggered by 'delivery of approved wireframes' is more enforceable than payment due on 'Day 30.'",{"step":357,"title":358,"description":359,"tip":360},4,"Define IP ownership and pre-existing tools carve-outs","Choose whether the client receives a full assignment of custom deliverables or a license only. List any pre-existing frameworks, plugins, or proprietary tools in a Schedule B that the provider retains and licenses to the client.","If you use open-source components, note their licenses (MIT, GPL, etc.) in Schedule B so the client understands any downstream obligations.",{"step":362,"title":363,"description":364,"tip":365},5,"Complete the acceptable use policy section","List the prohibited uses relevant to your platform — scraping, account sharing, illegal content, competitive benchmarking. For B2B platforms, tailor restrictions to the client's industry and user base.","Pair the AUP with a clear suspension right — 'Provider may suspend access immediately upon breach of Section [X]' — otherwise the AUP has no practical enforcement mechanism.",{"step":367,"title":368,"description":369,"tip":370},6,"Set the liability cap and disclaim implied warranties","Enter the liability cap (typically 12 months of fees paid) and confirm the disclaimer language is in ALL CAPS, which satisfies the conspicuousness requirement in most US states and several other jurisdictions.","For consumer-facing platforms, check jurisdiction-specific rules — the EU and UK restrict blanket liability disclaimers in B2C contexts more aggressively than the US.",{"step":372,"title":373,"description":374,"tip":375},7,"Confirm termination mechanics and data return obligations","Set the notice period for convenience termination (30 days is standard), define what happens to in-progress work, and add a clause requiring the provider to return or delete client data within a specified window after termination.","For SaaS or hosting agreements, specify the data format for export (CSV, JSON) and the retention period before deletion — vague 'data return' language is unenforceable in practice.",{"step":377,"title":378,"description":379,"tip":380},8,"Execute before work begins and store the signed copy","Both parties must sign before any work starts. Use a timestamped e-signature tool and store the fully executed PDF in a shared location accessible to both parties.","Send the agreement at least 48 hours before the project kick-off call — last-minute signature requests create pressure to skip review and are a common source of post-project disputes.",[382,386,390,394,398,402],{"mistake":383,"why_it_matters":384,"fix":385},"Starting work before the agreement is signed","Work performed before execution may be interpreted as a course of dealing that creates implied terms — including unlimited revisions and undefined payment — that override the written contract.","Make execution a hard prerequisite to project kick-off. Use e-signature software so there is a timestamp confirming the signed date predates the first deliverable.",{"mistake":387,"why_it_matters":388,"fix":389},"No deposit or advance payment clause","Providers who begin work without any payment upfront have no leverage if the client goes unresponsive after consuming the bulk of the engagement budget.","Require a deposit of 25–50% of the total contract value before work begins, with the balance structured around milestone deliveries rather than calendar dates.",{"mistake":391,"why_it_matters":392,"fix":393},"Assigning all IP without carving out pre-existing tools and frameworks","A blanket IP assignment transfers ownership of the provider's proprietary libraries and templates to the client, preventing the provider from reusing their own tools on other projects.","List all pre-existing and third-party components in a schedule and grant the client a license to use them within the deliverable, while explicitly retaining provider ownership.",{"mistake":395,"why_it_matters":396,"fix":397},"No liability cap","Without a ceiling on damages, a single claim — such as a client alleging lost revenue due to website downtime — could expose the provider to liability far exceeding the contract value.","Set the cap at total fees paid in the 12 months preceding the claim, and explicitly exclude consequential, indirect, and lost-profit damages in a separate sentence.",{"mistake":399,"why_it_matters":400,"fix":401},"Omitting a data return and deletion clause","On termination, clients have no contractual right to retrieve their data in a usable format, and providers face no obligation to delete sensitive information — creating privacy and regulatory exposure for both parties.","Specify the format, timeline (e.g., 30 days post-termination), and method for data return or secure deletion, and confirm that the provider's obligation survives contract termination.",{"mistake":403,"why_it_matters":404,"fix":405},"Using a choice-of-law clause with no connection to either party","Selecting a jurisdiction for perceived legal convenience — such as Delaware for a provider based in California serving a UK client — may be overridden by mandatory local law, rendering the clause useless while creating confusion during disputes.","Choose the jurisdiction where the provider is incorporated or where the majority of services are performed, and confirm the clause is enforceable there before finalizing.",[407,410,413,416,419,422,425,428,431,434],{"question":408,"answer":409},"What is a website service agreement terms of use?","A website service agreement terms of use is a legally binding contract that governs two related relationships simultaneously: the business arrangement between a web service provider and a client (covering scope, payment, IP, and termination), and the rules under which end users may access the resulting website or platform (covering acceptable use, disclaimers, and liability). Combining both into a single document reduces the risk of gaps between the provider's obligations and the rules enforced against platform users.\n",{"question":411,"answer":412},"Do I need both a service agreement and terms of use, or will one document cover both?","For most web development and digital service engagements, a combined document that addresses the client-provider relationship in Part 1 and the end-user terms in Part 2 is sufficient. Larger platforms with complex user tiers, multiple service levels, or significant personal data processing typically benefit from separate documents — a master service agreement with the client and a standalone terms of use published on the site for end users. The combined template is the appropriate starting point for most small and mid-size engagements.\n",{"question":414,"answer":415},"Is a website terms of use legally enforceable?","A website terms of use is generally enforceable when users are given clear notice of the terms and an opportunity to accept them before accessing the service — typically through a clickwrap mechanism (an explicit 'I agree' checkbox) rather than a browsewrap (a passive notice that continuing to browse constitutes acceptance). Clickwrap agreements are consistently upheld in US, UK, and EU courts. Browsewrap enforceability is more variable and should not be relied on for high-stakes provisions like liability caps or arbitration clauses.\n",{"question":417,"answer":418},"Who owns the website once it is built — the client or the developer?","Ownership depends entirely on what the contract says. Without a written IP assignment clause, the developer typically retains copyright in custom code and designs as the original author. A properly drafted service agreement transfers ownership of custom deliverables to the client upon full payment, while the developer retains pre-existing tools and frameworks and licenses them to the client. Always confirm this allocation explicitly in writing before work begins.\n",{"question":420,"answer":421},"What should the limitation of liability clause in a website service agreement cover?","The clause should cap total liability at a defined amount — typically fees paid in the 12 months preceding the claim — and explicitly exclude indirect, incidental, consequential, and lost-profit damages. Disclaimers of implied warranties (merchantability, fitness for a particular purpose) should appear in conspicuous text, usually ALL CAPS, to satisfy enforceability requirements in most US states. For consumer-facing platforms in the EU and UK, mandatory consumer protection laws override blanket disclaimers in B2C contexts.\n",{"question":423,"answer":424},"What notice period is standard for terminating a website service agreement?","Thirty days' written notice is the most widely used standard for termination without cause in website service agreements. Providers typically retain the right to terminate immediately for non-payment or material breach. Hosting and maintenance agreements often use 60-day notice periods to give clients time to migrate to a new provider without service interruption. Whatever period you choose, pair it with clear language on what happens to in-progress work, deposits, and client data at the moment of termination.\n",{"question":426,"answer":427},"Does a website service agreement need to be signed to be enforceable?","A written signature — including a valid e-signature under the US ESIGN Act, Canada's PIPEDA, or the EU's eIDAS regulation — is the most reliable way to establish mutual assent and the agreement's effective date. Unsigned agreements may still be enforceable based on conduct, but proving the exact terms that were agreed becomes significantly harder without a signed copy. For any engagement above a minimal value, execution before work begins is strongly recommended.\n",{"question":429,"answer":430},"How does GDPR affect a website service agreement's terms of use?","If the website collects or processes personal data of EU residents, the terms of use must accurately describe the data processing activities, the legal basis for each, and users' rights under GDPR — including access, deletion, and portability. The service agreement should also include a Data Processing Addendum (DPA) if the provider processes personal data on the client's behalf as a data processor. Failure to include these provisions exposes both parties to regulatory action under GDPR, with fines up to 4% of global annual turnover.\n",{"question":432,"answer":433},"Can I use the same website service agreement for every client?","A single well-drafted template handles the core structure for most engagements, but you should customize at minimum: the scope of services in Schedule A, the fee and payment schedule, the IP carve-out list, and the governing law clause for cross-border clients. Engagements involving sensitive personal data, regulated industries, or clients headquartered in jurisdictions with mandatory contract requirements — such as the EU or Australia — warrant additional tailoring and a legal review before execution.\n",{"question":435,"answer":436},"What happens to client data if the website service agreement is terminated?","The contract should specify that the provider will return client data in a defined format within a set window after termination — typically 30 days — and then securely delete all copies. Without this clause, providers have no legal obligation to return data in a usable format, and clients have no recourse if the provider retains or destroys it. For platforms processing EU personal data, GDPR Article 28 requires the data processor (the provider) to delete or return all personal data at the controller's (client's) request after the service ends.\n",[438,442,446,450],{"industry":439,"icon_asset_id":440,"specifics":441},"SaaS / Technology","industry-saas","Covers tiered subscription access, API usage limits, uptime SLAs, and data processing addenda for GDPR and CCPA compliance.",{"industry":443,"icon_asset_id":444,"specifics":445},"Creative and Marketing Agencies","industry-marketing","Governs campaign deliverables, creative asset ownership, third-party ad spend pass-through, and revision round limits for website redesign projects.",{"industry":447,"icon_asset_id":448,"specifics":449},"E-commerce and Retail","industry-ecommerce","Addresses consumer-facing purchase terms, return and refund policy integration, payment gateway liability allocation, and PCI DSS compliance obligations.",{"industry":451,"icon_asset_id":452,"specifics":453},"Professional Services","industry-professional-services","Structures milestone-based billing for multi-phase website builds, client content delivery obligations, and portal access agreements for client-facing dashboards.",[455,457,459,463],{"vs":105,"vs_template_id":244,"summary":456},"An independent contractor agreement governs the working relationship between a hiring party and a self-employed individual, focusing on classification, deliverables, and payment. A website service agreement terms of use adds end-user access rules, acceptable use policies, and platform-specific liability limits. Use the contractor agreement when engaging a solo developer; use the website service agreement when the deliverable is a live platform with end users.",{"vs":240,"vs_template_id":241,"summary":458},"An NDA covers only the confidential exchange of information before or during a business relationship — it creates no service obligations, payment terms, or IP assignments. A website service agreement includes confidentiality as one clause among many. Use an NDA standalone for early discovery conversations; replace it with the full service agreement once work is contracted.",{"vs":460,"vs_template_id":461,"summary":462},"Software Development Agreement","software-development-agreement-D13230","A software development agreement focuses on custom application development — source code ownership, version control, testing milestones, and licensing. A website service agreement terms of use is broader, combining service delivery terms with end-user access rules and acceptable use policies. Use the software development agreement for standalone app builds; use the website service agreement when the deliverable is a client-facing website or web platform.",{"vs":135,"vs_template_id":464,"summary":465},"master-service-agreement-D12878","A master service agreement establishes a long-term framework for an ongoing client relationship, with individual statements of work (SOWs) governing each project. A website service agreement is a self-contained single-engagement document. Use the MSA plus SOW structure when you expect multiple projects with the same client over time; use the website service agreement for a defined single-scope engagement.",{"use_template":467,"template_plus_review":471,"custom_drafted":475},{"best_for":468,"cost":469,"time":470},"Freelancers and small agencies delivering single-scope website builds for domestic clients with no complex data processing","Free","30–60 minutes",{"best_for":472,"cost":473,"time":474},"Agencies serving enterprise clients, cross-border engagements, or platforms processing personal data under GDPR or CCPA","$400–$900","2–4 days",{"best_for":476,"cost":477,"time":478},"SaaS platforms with significant user bases, regulated industries, or agreements with material IP, indemnification, or liability exposure","$2,000–$6,000+","2–4 weeks",[480,485,490,495],{"code":481,"name":482,"flag_asset_id":483,"note":484},"us","United States","flag-us","Clickwrap terms of use are broadly enforceable under federal and state contract law, but liability disclaimer language must appear in conspicuous text — typically ALL CAPS — to be effective under the UCC and state consumer protection statutes. California's CCPA requires specific privacy disclosures for sites collecting personal data of California residents. Non-compete and IP assignment clauses in service agreements vary significantly by state, with California limiting both more aggressively than most jurisdictions.",{"code":486,"name":487,"flag_asset_id":488,"note":489},"ca","Canada","flag-ca","PIPEDA (and Quebec's Law 25) impose notice and consent obligations on websites collecting personal information from Canadian users, requiring a privacy policy that accurately reflects the terms of use. Limitation of liability clauses are generally enforceable in B2B contexts but may be subject to reasonableness review in B2C agreements under provincial consumer protection legislation. Quebec-based clients may require French-language versions of the agreement under the Charter of the French Language.",{"code":491,"name":492,"flag_asset_id":493,"note":494},"uk","United Kingdom","flag-uk","UK GDPR (retained post-Brexit) requires websites processing personal data of UK residents to publish clear terms disclosing their data processing activities and legal bases. The Unfair Contract Terms Act 1977 and Consumer Rights Act 2015 restrict the enforceability of blanket liability exclusions in B2C agreements — limitation of liability clauses must be reasonable to be upheld. Digital service providers must also comply with the UK's Online Safety Act obligations where applicable.",{"code":496,"name":497,"flag_asset_id":498,"note":499},"eu","European Union","flag-eu","GDPR Article 28 requires a Data Processing Addendum between the provider and any client for whom personal data of EU residents is processed, and the terms of use must accurately describe user rights under Articles 15–22. The EU Digital Services Act (DSA) imposes additional obligations on platforms with significant EU user bases, including transparent content moderation and notice-and-action procedures. Blanket liability disclaimers are unenforceable in B2C contexts under the EU Unfair Contract Terms Directive; caps must be reasonable relative to the service value.",[241,244,501,502,503,504,233,505,506,507,252,508],"custom-software-development-agreement-D787","master-service-agreement-D12657","employment-agreement_at-will-employee-D541","job-offer-letter-long-D12769","purchase-order-D1411","service-agreement-D12711","sales-invoice-D383","consulting-agreement---long-D12543",{"emit_how_to":193,"emit_defined_term":193},{"primary_folder":98,"secondary_folder":511,"document_type":512,"industry":513,"business_stage":514,"tags":515,"confidence":521},"services-and-consulting","agreement","general","all-stages",[516,517,518,519,520],"intellectual-property","liability","website-services","terms-of-use","service-agreement",0.95,"\u003Ch2>What is a Website Service Agreement Terms of Use?\u003C/h2>\n\u003Cp>A \u003Cstrong>Website Service Agreement Terms of Use\u003C/strong> is a legally binding contract that governs two interconnected relationships: the service delivery arrangement between a web provider and a client, and the rules that apply to end users accessing the resulting website or platform. It defines what will be built, how much it costs, who owns the deliverables, how liability is allocated, and under what conditions either party may terminate — while simultaneously establishing the acceptable use boundaries and disclaimers that protect the provider once the site goes live. Unlike a simple proposal or statement of work, a properly executed website service agreement creates enforceable obligations on both sides and eliminates the ambiguity that drives the most common disputes in web development engagements.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Without a written website service agreement, you are exposed on multiple fronts before a single line of code is committed. IP ownership defaults to the creator under copyright law in most jurisdictions — meaning a developer who builds your site without an assignment clause legally owns what they built. Clients who receive no payment terms can delay indefinitely, and providers who start work without a deposit have no contractual leverage when a client disappears mid-project. For public-facing platforms, an absent or poorly drafted terms of use eliminates your ability to suspend abusive users, enforce scraping prohibitions, or cap your liability for platform outages. Every jurisdiction that matters — the US, Canada, the UK, and the EU — has enacted laws that impose additional obligations on websites collecting user data, and a compliant terms of use is the first line of defense. This template gives you the structure to address all of these risks in a single document, ready to customize and execute before work begins.\u003C/p>\n",1779808997664]