Website Development Agreement Template for New Zealand

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Key Requirements PROMPT example:

Website Development Agreement

"I need a Website Development Agreement for my e-commerce startup in New Zealand, where I'm hiring a local developer to create a Shopify-based website to be launched by March 2025, with clear IP ownership provisions and payment milestones."

Document background
The Website Development Agreement is essential for businesses and organizations in New Zealand engaging professional services for creating or redesigning their web presence. This document is particularly relevant in today's digital economy where web presence is crucial for business success. It provides a legally robust framework under New Zealand law for managing website development projects, incorporating key elements such as project specifications, timelines, payment structures, and intellectual property rights. The agreement ensures compliance with relevant New Zealand legislation including the Contract and Commercial Law Act 2017, Privacy Act 2020, and Fair Trading Act 1986, while providing clear guidelines for project delivery and dispute resolution. It's designed to protect both the developer's and client's interests throughout the development process, from initial concept to final deployment.
Suggested Sections

1. Parties: Identifies and provides full details of the developer and the client entering into the agreement

2. Background: Outlines the context of the agreement, including the client's desire to develop a website and the developer's expertise and capabilities

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Scope of Services: Details the specific website development services to be provided, including design, development, testing, and deployment

5. Project Timeline and Milestones: Establishes the development schedule, key milestones, and delivery dates

6. Payment Terms: Specifies the total cost, payment schedule, and any additional costs or expenses

7. Client Responsibilities: Outlines the client's obligations, including providing content, feedback, and approvals

8. Intellectual Property Rights: Addresses ownership and licensing of the website, its content, and associated materials

9. Acceptance Testing: Details the testing process and criteria for accepting deliverables

10. Warranties and Representations: Specifies the warranties provided by both parties regarding the services and materials

11. Confidentiality: Establishes obligations regarding confidential information shared during the project

12. Term and Termination: Specifies the agreement duration and circumstances for termination

13. Limitation of Liability: Sets out the extent and limitations of each party's liability

14. General Provisions: Includes standard legal clauses such as governing law, notices, and assignment

Optional Sections

1. Hosting Services: Include when the developer will also provide hosting services for the website

2. Maintenance and Support: Include when ongoing maintenance and support services will be provided post-launch

3. Search Engine Optimization: Include when SEO services are part of the development scope

4. Third-Party Integrations: Include when the website requires integration with third-party services or APIs

5. Content Migration: Include when existing content needs to be migrated from an old website

6. Training: Include when the developer will provide training to client staff

7. Security Requirements: Include when specific security standards or compliance requirements apply

8. Service Level Agreement: Include when specific performance metrics and response times are required

Suggested Schedules

1. Schedule 1 - Website Specifications: Detailed technical specifications, functionality requirements, and design elements

2. Schedule 2 - Project Timeline: Detailed project schedule with specific dates and milestones

3. Schedule 3 - Payment Schedule: Breakdown of payments, including amounts and trigger points

4. Schedule 4 - Acceptance Criteria: Specific criteria for accepting deliverables and testing procedures

5. Schedule 5 - Service Level Requirements: Performance metrics, response times, and service standards

6. Appendix A - Design Mockups: Approved website designs and visual elements

7. Appendix B - Technical Requirements: Specific technical requirements including hosting, browser compatibility, and responsive design specifications

8. Appendix C - Content Requirements: Content specifications, including format requirements and delivery schedule

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

E-commerce

Digital Services

Retail

Education

Healthcare

Financial Services

Professional Services

Government

Non-Profit

Manufacturing

Hospitality

Media and Entertainment

Real Estate

Construction

Relevant Teams

Legal

Information Technology

Digital

Procurement

Operations

Marketing

Business Development

Finance

Compliance

Project Management

Technical Development

Design

Digital Marketing

Innovation

Relevant Roles

IT Director

Chief Technology Officer

Project Manager

Web Developer

Digital Project Manager

Procurement Manager

Legal Counsel

Business Development Manager

Marketing Director

Operations Manager

Contract Manager

Digital Marketing Manager

Chief Digital Officer

Technical Lead

Business Owner

Startup Founder

IT Procurement Specialist

Digital Transformation Manager

Industries
Contract and Commercial Law Act 2017: Governs formation and enforcement of contracts, including electronic transactions and digital signatures. Essential for establishing the basic contractual framework of the website development agreement.
Privacy Act 2020: Regulates how personal information is collected, used, stored and disclosed. Crucial for websites that collect user data and for defining privacy-related obligations in the development process.
Copyright Act 1994: Protects original works including website content, design elements, and source code. Important for establishing intellectual property rights and ownership of the developed website.
Fair Trading Act 1986: Ensures fair trading practices and prohibits misleading conduct in trade. Relevant for terms regarding service descriptions, deliverables, and commercial aspects of the development agreement.
Consumer Guarantees Act 1993: Provides statutory guarantees for services, including that they will be carried out with reasonable care and skill. Applicable if the client is a consumer rather than a business.
Designs Act 1953: Protects original designs including website layouts and unique visual elements. Important for addressing ownership and protection of design elements.
Harmful Digital Communications Act 2015: Addresses harmful digital communications and may be relevant for content moderation features and website security requirements.
Web Accessibility Standards (NZ Government Web Standards): While not legislation, these standards provide guidelines for web accessibility and should be considered, especially if the website is for government or public service use.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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