- Delivery dates
- Fees (and paymenet schedule)
- Rights transfer (license)
- Client responsibilities
Any usage rights not explicitly transferred are reserved to govital internet inc. Usage beyond that granted to client shall require payment of a mutually agreed upon additional fee subject to all terms and conditions.
System/Software Development Terms
1. Time for payment. All invoices are payable upon receipt of final programming and/or designsand/or docum entat ion. A 5% monthly service charge is payable upon all overdue balances. Thegrant of any usage license or right to copy is conditioned on receipt of full payment.
2. Estimates. If this quote or project description is used for an estimate or assignment confirmation, the fees and expensesshown are minimum estimates only. Final fees and estimates shall be shown when an invoiceis rendered. The customer’s approval shall be obtained for any increases in fees or expensesthat exceed the original estimate by 10% or more.
3. Changes. The customer shall be responsible for making additional payments for changesrequest ed by the c ustomers that are not part of the original assignment. However, no additionalpayment shall be made for changes required to conform to the original assignment description. Thecustomer shall offer govital internet inc. the first opportunity to make any changes.
4. Expenses. The custo mer shall reimburse govital internet inc. for all expenses arising fromthis assignment no t listed in the deliverables, including the payment of any sales taxes due on this assignment.
5. Cancellation. In the event of a cancellation of this assignment, ownership of all copyrights,programmi ng, design and documentation shall be retained by govital internet inc., and a cancellation fee for work completed, based on the contract price and expenses already incurred shall be
aid by the customer.
6. Ownership. Govital Internet inc. retains ownership of all original programming, design and documentation, whether preliminary or final. Rights of use are listed in the contract and are perpetual unless otherwise stated, and liability of use of the program, documentation, and/or design rest son the customer.
7. Releases. The customer shall indemnify govital internet inc. against all claims and expenses, including reasonable attorney fees, due for uses for which no release was requested in writing or for uses which exceed the authority granted by this release.
8. Modifications. Modification of the agreement must be written, except that the invoice may include, and customer shall pay, fees or expenses that were orally authorized in order to progress promptly with the work.
9. Arbitration. Any disputes in excess of the minimum limit for small claims court arising out of this agreement shall be submitted to binding arbitration before a mutually agreed upon arbitrator. The arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof.
10. Acceptance. The signature of both parties (customer and developer) on a contract form, or electronic acceptance of a quote produced and delivered through the Govital Internet billing and supporty system, shall evidence the acceptanceof these terms.