The Agreement For Website Development And Hosting is essential for businesses and organizations in Malaysia seeking to establish or upgrade their online presence. This document is used when engaging professional services for website creation and ongoing hosting support, ensuring clear definition of deliverables, technical specifications, and service standards. It addresses key aspects such as intellectual property rights, data protection compliance under Malaysian law, hosting infrastructure requirements, and maintenance obligations. The agreement is structured to comply with Malaysian electronic commerce regulations, including the Electronic Commerce Act 2006 and Personal Data Protection Act 2010, while providing comprehensive protection for both service providers and clients throughout the development and hosting lifecycle.
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1. Parties: Identification of the developer/hosting provider and the client with full legal names and addresses
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of website development and hosting services to be provided
5. Project Timeline and Deliverables: Specific milestones, delivery dates, and acceptance criteria
6. Payment Terms: Fee structure, payment schedule, and payment methods
7. Client Obligations: Responsibilities and obligations of the client, including provision of content and approvals
8. Developer Obligations: Responsibilities and obligations of the developer, including technical standards and quality assurance
9. Hosting Services: Details of hosting services, uptime guarantees, and server specifications
10. Intellectual Property Rights: Ownership and licensing of website content, code, and design elements
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection and Privacy: Compliance with data protection laws and privacy requirements
13. Term and Termination: Duration of agreement and circumstances for termination
14. Limitation of Liability: Limits on liability and indemnification provisions
15. General Provisions: Standard legal provisions including governing law, notices, and dispute resolution
1. E-commerce Integration: Specific provisions for e-commerce functionality, payment gateway integration, and related security measures
2. Search Engine Optimization: Requirements and obligations related to SEO services if included
3. Content Management System: Specifications for CMS implementation and training
4. Third-Party Integrations: Terms governing integration with third-party services and APIs
5. Security Standards: Specific security requirements, certifications, or compliance standards
6. Disaster Recovery: Detailed disaster recovery and backup procedures
7. Training and Support: Provisions for user training and ongoing technical support
8. Performance Marketing: Terms related to digital marketing services if included
1. Website Specifications: Detailed technical specifications, design requirements, and functionality
2. Service Level Agreement: Specific performance metrics, response times, and remedies
3. Fee Schedule: Detailed breakdown of all fees, charges, and payment milestones
4. Hosting Infrastructure: Technical specifications of hosting infrastructure and services
5. Maintenance Schedule: Details of routine maintenance and update procedures
6. Acceptance Testing Criteria: Specific criteria and procedures for acceptance testing
7. Security Protocols: Detailed security measures and compliance requirements
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
E-commerce
Retail
Healthcare
Education
Financial Services
Professional Services
Manufacturing
Real Estate
Hospitality
Media and Entertainment
Non-profit Organizations
Government Agencies
Relevant Teams
Legal
Information Technology
Digital
Procurement
Operations
Compliance
Information Security
E-commerce
Marketing
Finance
Relevant Roles
Chief Technology Officer
IT Director
Digital Project Manager
Web Development Manager
Procurement Manager
Legal Counsel
Contract Manager
Business Development Manager
Operations Director
Chief Digital Officer
Information Security Officer
Compliance Officer
Technical Architecture Manager
E-commerce Manager
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