This web design agreement (the “Agreement”) is entered into on 19/5/2021 (the “Effective Date”), by between Touchstone Pharmacy and BraIT Consulting Limited, collectively “the Parties.”
1. Project Description.
Touchstone Pharmacy agrees to hire BraIT Consulting Limited and BraIT Consulting Limited agrees to provide
1. WEB DESIGN AND DEVELOPMENT
Secure & Reliable Hosting - Namecheap Hosting Renewable at $57.88
Woocommerce - Upto 50 Products
Let's Encrypt SSL
Website Security - Hardening the website to prevent attacks
Responsive, Mobile Friendly Design
Social Media Integration
2. DIGITAL MARKETING
Google Analytics Integration
Google My Business Setup
Search Engine and Social media Marketing
*Advertising Budget is not included
Touchstone Pharmacy will give provide all relevant data to BraIT Consulting Limited to render the fore-mentioned services.
2. Design Process.
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.
The project is deemed complete once Touchstone Pharmacy is satisfied with the services rendered. BraIT Consulting Limited will then send a completion report and deliverables to Touchstone Pharmacy.
BraIT Consulting Limited will complete the preliminary design and will inform Touchstone Pharmacy through email. Touchstone Pharmacy 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 Touchstone Pharmacy to do the meeting virtually, Touchstone Pharmacy shall do a write-up of cumulative changes to be done and send them on email to BraIT Consulting Limited for action. Touchstone Pharmacy 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 - 2 Days
Initial Design - 5 Days
Client Input (Amendments after initial design) - 2 Days
Final Design (Designer amendments) - 3 Days
Launch & Reporting - 2 Days
TOTAL - 14 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.
The Parties agree to the following Payment and Payment Terms:
50% Before the commencement of the project
50% after the delivery of the project
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.
During the course of this Agreement, it may be necessary for Touchstone Pharmacy 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.
This Agreement shall automatically terminate upon Touchstone Pharmacy'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 Touchstone Pharmacy's content, materials, and all copies of deliverables to the Touchstone Pharmacy at its earliest convenience, but in no event beyond thirty (30) days after the date of termination.
7. Ownership Rights.
Touchstone Pharmacy 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, Touchstone Pharmacy will own the final Deliverables.
While BraIT Consulting Limited will customize Touchstone Pharmacy's website to Touchstone Pharmacy’s specifications, Touchstone Pharmacy 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 Touchstone Pharmacy 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 Touchstone Pharmacy may experience or will take responsibility so that Touchstone Pharmacy does not experience any damages.
Touchstone Pharmacy 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 Touchstone Pharmacy does not have these rights, Touchstone Pharmacy 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 Touchstone Pharmacy purposes and to Touchstone Pharmacy 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 Touchstone Pharmacy if the deliverables do not lead to Touchstone Pharmacy 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.
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.
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
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.
Signed by Dr. Paul Njoroge on Wed Jun 02 2021 13:03:55 GMT+0300 (East Africa Time)
IP Address: 188.8.131.52