WEB DEVELOPMENT AGREEMENT

Snow Desert EA Limited

This web design agreement (the “Agreement”) is entered into on 3/6/2021 (the “Effective Date”), by between Snow Desert EA Limited and BraIT Consulting Limited, collectively “the Parties.”

1. Project Description.

Snow Desert EA Limited agrees to hire BraIT Consulting Limited and BraIT Consulting Limited agrees to provide

WEB DEVELOPMENT SERVICES

Involves redesigning the existing website - www.snowdesert.co.ke
1. Pages - (Home, About, Solutions, Blog, Contact Us, FAQs, News, Careers, Terms & Conditions, Privacy Policy)
2. Social Media Integration
3. Live Chat (Facebook)
4. Google My Business Page Update
5. Mapping the existing shop installation into the existing website

Snow Desert EA Limited will give provide all relevant data to BraIT Consulting Limited to render the fore-mentioned services.

2. Design Process.

i) Commencement.

The project will commence once the contract is signed, the agreed deposit is paid in full and all data is provided to BraIT Consulting Limited.

ii) Completion.

The project is deemed complete once Snow Desert EA Limited is satisfied with the services rendered. BraIT Consulting Limited will then send a completion report and deliverables to Snow Desert EA Limited.

iii) Revisions.

BraIT Consulting Limited will complete the preliminary design and will inform Snow Desert EA Limited through email. Snow Desert EA Limited will note down desired changes and the parties will schedule a virtual meeting and BraIT Consulting Limited will do the amendments. If it is impossible for Snow Desert EA Limited to do the meeting virtually, Snow Desert EA Limited shall do a write-up of cumulative changes to be done and send them on email to BraIT Consulting Limited for action. Snow Desert EA Limited shall be entitled to Five (5) revisions. Any revisions beyond Five (5) shall be charged at a rate of KES 1,000 per revision. Any other changes after completion of the project will accrue other charges according to BraIT Consulting Limited's fixed hourly rates.

iv) Project Period

The project will take the following amount of time. Hitches in providing content and information will result in the delay of the project

Requirements Gathering - 3 Days
Initial Design - 15 Days
Client Input (Amendments after initial design) - 2 Days
Final Design (Designer amendments) - 3 Days
Launch & Reporting - 2 Days TOTAL - 25 Days

3. Assignment of Work.

BraIT Consulting Limited reserves the right to assign other designers or subcontractors to the work to ensure quality and on-time completion.

4. Fees.

i) Payment.

The Parties agree to the following Payment and Payment Terms:

First Deposit (Before Project Start) - KES 50,000
Final Deposit (After Delivery of the website) - KES 50,000

The website may be removed from the Client’s webspace if payment is not received as stipulated above.

ii) Support & Maintenance.

BraIT Consulting Limited does not offer support and maintenance after the delivery of the final website design. Support and maintenance will be covered in a separate agreement should the client require one.

5. Confidentiality.

During the course of this Agreement, it may be necessary for Snow Desert EA Limited to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to BraIT Consulting Limited in order for BraIT Consulting Limited to complete the Deliverables in their final form. BraIT Consulting Limited will not share any of this proprietary information at any time and BraIT Consulting Limited will also not use any of this proprietary information for their personal benefit at any time unless required to do so by lawful authority. This section remains in full force and effect even after termination of the Agreement by its natural termination or the early termination by either party.

6. Termination.

This Agreement shall automatically terminate upon Snow Desert EA Limited's acceptance of the deliverables and project completion. This Agreement may otherwise be terminated at any time by either Party upon 14 days written notice to the other party. Either party will be responsible to the other party for all damages, costs, and expenses incurred prior to the date of termination.

Upon termination, BraIT Consulting Limited shall return all Snow Desert EA Limited's content, materials, and all copies of deliverables to the Snow Desert EA Limited at its earliest convenience, but in no event beyond thirty (30) days after the date of termination.

7. Ownership Rights.

Snow Desert EA Limited continues to own any and all proprietary information it shares with BraIT Consulting Limited during the term of this Agreement for the purposes of the Agreement. BraIT Consulting Limited has no rights to this proprietary information and may not use it except to complete the Deliverables. Upon completion of the Agreement, Snow Desert EA Limited will own the final Deliverables.

While BraIT Consulting Limited will customize Snow Desert EA Limited's website to Snow Desert EA Limited’s specifications, Snow Desert EA Limited recognizes that website designs generally can have a common structure and basis. BraIT Consulting Limited continues to own any and all template designs it may have created prior to this Agreement. BraIT Consulting Limited will further own any template designs it may create as a result of this Agreement.

8. Representations and Warranties.

BraIT Consulting Limited represents and warrants that they have the right to enter into and perform this Agreement. BraIT Consulting Limited further represents and warrants that they have the right to utilize and distribute the designs created for Snow Desert EA Limited and that such designs are not owned by anyone else to BraIT Consulting Limited knowledge. In the event that BraIT Consulting Limited does not have these rights, BraIT Consulting Limited will repay any associated damages Snow Desert EA Limited may experience or will take responsibility so that Snow Desert EA Limited does not experience any damages.

Snow Desert EA Limited represents and warrants that they have the rights to use any proprietary information, including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, content, and the like that he/she may provide to BraIT Consulting Limited. In the event that Snow Desert EA Limited does not have these rights, Snow Desert EA Limited will repay any associated damages BraIT Consulting Limited may experience or will take responsibility so that BraIT Consulting Limited does not experience any damages.

9. Disclaimer of Warranties.

BraIT Consulting Limited shall complete the Deliverables for Snow Desert EA Limited purposes and to Snow Desert EA Limited specifications. BraIT Consulting Limited Does not represent or warrant that such deliverables will create any additional profits, sales, exposure, brand recognition, or the like. BraIT Consulting Limited has no responsibility to Snow Desert EA Limited if the deliverables do not lead to Snow Desert EA Limited commercial desired result(s).

10. Limitation of Liability.

Under no circumstances shall either party be liable to the other party or any third party for any damages resulting from any part of this agreement such as, but not limited to, loss of revenue or anticipated profit or lost business.

11. Severability.

In the event, any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.

12. Disputes.

In the event of a dispute between the parties, they shall refer such dispute to mediation through a certified professional mediator within 14 days of such dispute arising.

13. Legal and Binding Agreement.

This Agreement is legal and binding between the Parties as stated above. This agreement is governed by the Laws of the Republic of Kenya.

14. Entire Agreement.

The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.

The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:

BraIT Consulting Limited Representative

Name: Stephen Siloma

Date: 3/6/2021

Snow Desert EA Limited

Please sign using a stylus, your mouse, or your finger below to authorize this contract. By electronically signing this document, you agree to the terms established above. After the document is signed, you can proceed to print it.


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