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New Hampshire please print) ______________________________ Title (if applicable) Website Maintenance Agreement 5 EXHIBIT A ADDITIONAL SERVICES re _______________________________ Name (please print) _______________________________ Title (if applicable) CONSULTANT: ______________________________ Signature ______________________________ Name (___. Website Maintenance Agreement 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first written above. CLIENT: _______________________________ Signatu from time to time by providing notice as set forth above. 19. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of __________________________________________________ ________________________________ Consultant: ______________________________ ______________________________ ______________________________ Either party may change such addresseshall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows: Client: ________________________________ __________ct matter of this Agreement. This Agreement may be modified in writing and must be signed by both Client and Consultant. 18. NOTICE: Any notice required or otherwise given pursuant to this Agreement sstanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subjeision valid, then such provision shall be deemed to be construed as so limited. 17. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior underement shall continue in full force and effect. If any court of competent jurisdiction deems any provision of this Agreement invalid or unenforceable, and if limiting such provision would make the provrce and compel strict compliance with every provision of this Agreement. 16. SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreess otherwise required by law. 15. WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforesentatives, successors and permitted assigns of the Parties. 14. CUMULATIVE RIGHTS: The Parties' rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unll continue in full force and effect following such termination. 13. BINDING EFFECT: The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal rep documents. Website Maintenance Agreement 3 12. CONTINUING OBLIGATIONS: Notwithstanding the termination of this Agreement for any reason, the provisions of Sections 7, 8 and 9 of this Agreement will Information (and all copies and reproductions thereof). In addition, Consultant will return any other property belonging to Client including without limitation: computers, office supplies, money andtion in this Agreement. 11. RETURN OF PROPERTY: Upon termination of the Services, Consultant will promptly return to Client all drawings, documents and other tangible manifestations of the Confidentiaternet or electronic commerce . 10. EARLY TERMINATION: This Agreement may be terminated early by either party if non-terminating party fails to perform his/her duties or materially breaches any obligar products sold or otherwise distributed by Client, its employees or agents, iii) any errors or omission on the Site, or iv) any claim, suit, penalty, tax or tariff arising from Client's use of the infringement, of any trademark, copyright, trade secret, or negligence arising from any of the text, graphics, and photographs provided by Client, ii) any claim by a third party regarding any services onsultant harmless from and against any claim, loss, damage, expense or liability (including attorney's fees and costs) that may result in whole or in part, from: i) any infringement or any claim of in Agreement. Client shall be solely responsible for the Site and materials on the Site and the validity of copyrights, trademarks and ownership claimed by Client. Client agrees to indemnify and hold Co the text, graphics, and photographs provided to Consultant for the Site are owned or licensed by Client, and that Client is authorized to use and display such items in the manner contemplated by thisnt may include the Site, specific pages from the Site and/or any of the other Prepared Materials for the Site, in Consultant's portfolio. 9. CLIENT REPRESENTATIONS. Client represents and warrants thatnexclusive, worldwide, royalty-free license to use, execute, display or perform any Pre-Existing Materials included or contained in the Prepared Materials. Client acknowledges and agrees that Consultas under copyright law, to Client. The Prepared Materials do not, however, include any items or materials that pre-existed this Agreement ("Pre-existing Materials"). Consultant hereby gives Client a noshall be considered the exclusive property of Client. Consultant hereby assigns and transfers any and all rights, title and interest that he/she may have in the Prepared Materials, including any rightic domain through Consultant's unauthorized actions. 8. OWNERSHIP OF PREPARED MATERIALS: Except those items described below, all materials prepared by Consultant for Client (the "Prepared Materials") Consultant will use his/her best efforts to prevent any such disclosure. Confidential Information will not include information that is in the public domain, unless such information falls into the publ by law) or use for personal gain any Confidential Information at any time during or after the term of this Agreement, unless Client grants express, written consent of such a disclosure. In addition, ies, iv) marketing strategies and v) other such information as Client may designate as confidential ("Confidential Information"). Consultant agrees to not disclose to any other person (unless requiredial information may Website Maintenance Agreement 2 include, without limitation: i) business and financial information, ii) business methods and practices, iii) technologies and technological strateg benefits normally provided to the employees of the Client. 7. CONFIDENTIALITY: Consultant acknowledges that he/she may have access to Client's confidential and proprietary information. Such confident special fonts, etc. 6. INDEPENDENT CONTRACTOR. Consultant is an independent contractor and not an employee of the Client, and, unless otherwise stated in this Agreement, is not entitled to any of thetant for all reasonable expenses authorized in advanced by Client and incurred in connection with this Agreement including, but not limited to, special graphics, special photography, special software, other party. A notification of termination must be received by the non-terminating party no less that ________ days before the end of the existing term. 5. EXPENSES: Client agrees to reimburse Consul______, 20__. This Agreement will automatically renew for additional three month periods at the end of each existing term if neither Client nor Consultant receives notification of termination from then the _________ day of the ____________. q other: ____________________________________________________ 4. TERM: The original term of this Agreement shall be for __________ months beginning on _______box]: q Payment of the fee by Client shall be due __________ (___) days after receipt of an invoice by Client from Consultant. q $__________ every ____________ (e.g. week, month, etc.), to be paid o Consultant a fee of $________________ per month. This fee does not include the Non-Included Services described in Section 1 of this Agreement. Payment shall be made as follows [check the appropriate irectories or other programs, which need to be accessed for the completion of the Services pursuant to this Agreement. 3. COMPENSATION: For the Services contemplated in this Agreement, Client will pay's hosting account located on the following ISP's host computer: ______________________________________________ (the "ISP"). Client further instructs the ISP to provide Consultant with access to any d______________. A fee of $__________ per hour will be charged for any Non-Included Service requested by Client. 2. AUTHORIZATION. If applicable, Client hereby authorizes Consultant to access the Sites, scripts, fonts or other elements for the Site unless expressly described above, ii) _______________________________________________________________ _________________________________________________tached hereto. Consultant is not responsible for any of the following services (the "Non-Included Services"): [erase any services that are not to be excluded] i) the development of new custom graphict assumes that these codes and scripts are installed and currently running properly on the Site. H. Additional Services. Additional services provided by Consultant to Client are listed on Exhibit A atdate Links. Consultant will, as necessary, update any links on the Site. G. Custom/Advanced Coding. Consultant will maintain any custom coding or custom scripts already existing on the Site. Consultaners), confer with Client's software and or hardware engineers, ISP host, and any other service entities. E. Fixes/Updates. Consultant will, as necessary, fix/update technical errors on the Site. F. Upbrary of all assets, graphics, source code and revision history of the Site. D. Confer With Vendors and Affiliates. Consultant will, in matters relating to the Site (except billing and accounting mattinternet orientation, trouble shooting, marketing strategy, and education regarding use of a web page editor. C. Disaster Recovery. Provide disaster recovery from backup and maintain a current file li revise, update or create new content on Client's existing pages. B. Consultation. Consultant will provide Client, upon Client request, consultation which includes, but is not limited to, any and all ll be applied after that). Such services to be described in greater detail below (the "Services"): [erase any services that will not be included] A. Content. Upon Client request, Consultant will edit,ld wide web site (the "Site") located at the following web address http://www.________________ (the "URL") for a maximum of __________ hours per month (an hourly maintenance rate of $_____ per hour wities"). Client's current website address, if any, is: www.________________ The Parties agree as follows: 1. SERVICES: Client shall engage Consultant for the maintenance of its currently, existing wor by and between _________________________________________________________ ("Client") and __________________________________________________________ ("Consultant") (collectively referred to as the "Parddresses your specific situation. WEBSITE MAINTENANCE AGREEMENT This Website Maintenance Agreement (the "Agreement") is made and entered on _____________________________________________, ___________,ws of their specific state and the federal government before entering into this type of arrangement. In addition, before using the form you should always consult with your attorney to ensure that it aEmployment relationships are governed by both federal and state law. Many of the state laws differ dramatically, therefore the company and the independent contractor should become familiar with the laill enforce this type of agreement. It is best, however, if the Consultant signs the agreement at the beginning of his/her service, then it becomes a condition of his/her engagement with the company. much more. It clarifies copyright ownership, liabilities and expectations of the parties. In addition, the agreement will reaffirm that an employer/employee relationship is not created. Most states w purposes. It provides the basic conditions of employment, service parameters, consultation, treatment of confidential information, the terms of payment for the Consultant's services to the Client anden a company/person (the "Client") and an independent contractor (the "Consultant") for the maintenance of a currently existing website. The Website Maintenance Agreement serves a number of beneficialse and use of these forms is subject to the "Disclaimers and Terms of Use" found at findlegalforms.com. Information Website Maintenance Agreement A Website Maintenance Agreement is an agreement betweor signed before first consulting with an attorney to ensure that it addresses your particular situation. An attorney should be consulted before negotiating any document with another party. The purchaary from time to time and from state to state. These forms are not intended to be and are not a substitute for legal advice. These forms should only be a starting point for you and should not be used ned Agreement; therefore, at least two original copies of the Agreement should be executed (i.e. signed). This form should not be used if the Consultant is considered an employee of the Client. Laws ve Agreement. The Consultant must sign the Agreement. The Agreement should be signed no later then when the service is to begin. Generally both the Client and the Consultant each retain an original sigent; and (3) Website Maintenance Agreement (the "Agreement"). Both the Client and the Consultant should review the agreement carefully before signing. The Client or an agent of the Client must sign thInstructions & Checklist Website Maintenance Agreement This package contains: (1) Instructions and Checklist for the Website Maintenance Agreement; (2) Information about the Website Maintenance Agreem New Hampshire