The SWDD will provide website creation, design, publicity and minor maintenance service which are included in the standard package to the client. Additional service requirement is not included in this contract and have to be written on another agreement. Clients have the responsibility to pay SWDD for the fee based on the size of the project and their additional requirements according to the payment schedule, the rate charged for additional service and payment method that are written on the contract.
1. The client guarantees that all materials the client provided can be used legally. The client agrees to indemnify SWDD and it’s subcontractors for any claims that may arise against it from the client’s improper use of the website and copyright The impact is the client will be totally liable for the losses or expenses that either SWDD or its subcontractors or both incur as a result of claims related to this contract.
2. Since the text that the client submitted is not final text, if the client submits any change after the web pages have been constructed and leads increase in cost or time required of making changes more than 10 percent, SWDD will present the new estimate to the client before starting additional work. The impact of this clause is either the cost of website will increase or completion date will delay or both.
3. According to the contract, SWDD will only responsible for creating, publishing website and minor maintenance duty which are included in the standard package. SWDD is not liable for any losses or damages of the client or third party caused by operation error, inability to operate website. The impact will be SWDD will be protected by the disclaimer clause. This clause limits the liability or type of damages that SWDD might otherwise be required to pay.
4. The entire agreement clearly states that this is the completed and final agreement between two parties: the client and SWDD. The contract will end in six months. The client has made no representations, inducements, warranties, or promise whether direct, indirect, collateral oral, or otherwise concerning this agreement. The impact will be if a dispute regarding the meaning of a contract comes to trial, SWDD may not introduce evidence of statements made during negotiation unless these statements are included in the written agreement.
I would concern the Authorization part of the contract the most since SWDD require to access my server account. My account may contain important information of my customers or business secrets and there is not any clause to protect me. To minimize my risk, I would add a clause that all information SWDD gets form my account will have to and only can be used for this project. SWDD will be liable for any profit loss or damage of my company or third party due to the leak or any inappropriate use by SWDD. Second, I would concern the flexible price clause since it will increase my cost of building this website and may affect the budget for the whole project. Even though the change does not make increase in cost or time by more than 10%, they could still say so because they have better knowledge in this field than me. To minimize the risk, I would require SWDD no to start constructing the website until I submit the final text and give them the confirmation that the text is final text. By doing so, I can lock on the price and the completion date.
The third thing I would concern is the disclaimer part of the contract. In the disclaimer clause is simply showing SWDD does not warranty the website will be error-free and they will not be liable for any profit losses and damage of me and third party. However, the contract does not show what quality of the website SWDD should provide to me. To minimize my risk, I would ask SWDD for the quality of the operation of the website and require them to put it into the contract. If the error of operation is