Agreement
between
Steve Workings
and
_______________________
For the Purchase
of a
Membership Database Management System
WHEREAS _______________________ (Purchaser) desires a
database management system, and;
WHEREAS both parties would like
to form an agreement for the provision of product and services by
Steve Workings to Purchaser;
THE FOLLOWING IS AGREED TO BY BOTH
PARTIES:
- Following the signing of this agreement, Steve Workings
will begin work as an independent contractor to deliver a
Membership Database Management System.
- All work delivered as part of the database management
system is the property of Purchaser. This includes all
menu interfaces, all menu macros, all scripts and script
libraries and any other code that performs any
manipulation of the data by the computer.
- Mr. Workings shall deliver the customized software
application in a timely manner.
- Mr. Workings is not liable or responsible for any use of
the customized application on installations other than
those agreed to in this or subsequent contracts.
- In the event that the database system does not perform in
a satisfactory manner, Purchaser will grant Steve
Workings reasonable access to the installation to make
any necessary adjustments. Purchaser will provide remote
access to the database for Mr. Workings through the use
of pcAnywhere, a virtual private network or other
agree-upon means. Mr. Workings shall be given every
reasonable opportunity to correct errors, malfunctions,
etc.
If Purchaser remains dissatisfied with the results it
may, upon agreement by both parties, seek the assistance
of a third party. Said agreement shall not be
unreasonably withheld. Mr. Workings may not be held
liable for the direct costs of the third party
assistance.
- Steve Workings warrants that the software will
substantially conform to published specifications and to
the documentation, provided that it is used on the system
and in the manner for which it was designed.
Because software is inherently complex and may not be
completely free of errors, Purchaser is advised to verify
its work. In no event will Steve Workings be liable for
direct, indirect, special incidental, or consequential
damages arising out of the use, misuse, of or inability
to use the software or documentation.
- Purchaser shall allow Mr. Workings a single copy of
pertinent existing data. All such data is the property of
Purchaser and shall not be sold, exchanged, copied, or
otherwise made available to any other party. Any use of
the data by Mr. Workings for purposes outside the design
of the this data management system shall be considered
and treated as theft.
- $1,000 shall be payable to Steve Workings upon execution
of this contract for the basic Membership package.
Purchaser agrees to pay Steve Workings for additional
services at a rate of $80 per hour, which Workings will
document and present with any and all bills. The
remaining amount shall be payable upon delivery of the
product.
This agreement and its terms agreed to by:
______________________________ |
______________________________ |
Steve Workings |
Purchaser |
______________________________ |
______________________________ |
Date |
Date |