The Website Development Agreement serves as a crucial legal framework for parties engaging in website development projects within Malaysia's jurisdiction. This document is essential when commissioning the creation of a new website, major website redesign, or significant functionality updates. It encompasses all aspects of the development process, from initial design to final deployment, including project specifications, timelines, payment schedules, and ownership rights. The agreement ensures compliance with Malaysian digital commerce laws, data protection regulations, and intellectual property rights while providing clear guidelines for project execution and dispute resolution. It's particularly important for protecting both the developer's and client's interests by clearly defining deliverables, acceptance criteria, and warranty terms.
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1. Parties: Identification of the developer and client with full legal names and addresses
2. Background: Context of the agreement and brief overview of the website development project
3. Definitions: Definitions of technical terms, project-specific terminology, and key concepts used in the agreement
4. Scope of Services: Detailed description of the website development services to be provided
5. Project Timeline and Milestones: Specific deadlines, delivery dates, and project phases
6. Payment Terms: Fee structure, payment schedule, and payment methods
7. Client Obligations: Requirements for client cooperation, content provision, and approvals
8. Developer Obligations: Developer's commitments, quality standards, and technical requirements
9. Intellectual Property Rights: Ownership and licensing of website code, content, and design elements
10. Acceptance Testing: Procedures for testing, review, and acceptance of deliverables
11. Warranties and Representations: Guarantees regarding service quality, compliance with laws, and technical standards
12. Confidentiality: Protection of confidential information and trade secrets
13. Term and Termination: Duration of agreement and conditions for termination
14. Limitation of Liability: Limits on liability and indemnification provisions
15. General Provisions: Standard legal clauses including governing law, notices, and dispute resolution
1. Website Hosting: Terms for hosting services if provided by the developer
2. Maintenance and Support: Post-launch maintenance and support terms if ongoing services are included
3. Third-Party Integrations: Terms regarding integration with third-party services or APIs
4. Search Engine Optimization: SEO services if included in the scope
5. Content Management System: Terms specific to CMS implementation and training
6. Security Requirements: Specific security measures and compliance requirements
7. Data Protection and Privacy: Detailed PDPA compliance measures if handling personal data
8. Training and Documentation: Terms for user training and system documentation if provided
1. Schedule 1 - Project Specifications: Detailed technical specifications, features, and functionality requirements
2. Schedule 2 - Design Brief: Website design requirements, mockups, and brand guidelines
3. Schedule 3 - Project Timeline: Detailed project schedule with milestones and deadlines
4. Schedule 4 - Payment Schedule: Breakdown of payments, amounts, and triggering milestones
5. Schedule 5 - Testing Procedures: Detailed acceptance testing criteria and procedures
6. Schedule 6 - Service Level Agreement: Performance metrics and service levels for maintenance (if applicable)
7. Appendix A - Technical Stack: List of approved technologies, programming languages, and frameworks
8. Appendix B - Content Requirements: Content specifications and delivery requirements
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