Compensation For Developer Services
A. The Buyer acknowledges that the payment of the Developer’s Services is integrated with the payment of the others services described in this Contract. The Buyer acknowledges that the Company offers a Payment Plan of 12 installments to cover the total payment of the services.
B. The Buyer acknowledges that the first purchase order establishes a Contract between the Buyer and the Company for a period of 12 months. The Buyer acknowledges that the Buyer’s Website may be terminated before the full payment of the 12 quotas, and that this delivery does not imply the termination of this contract, does not imply the termination of the obligations of the Buyer with the Company, that this obligations shall remain in force until the total payment of the 12 quotas.
10.1. Development Fee
In consideration of the services to be performed by the Company hereunder, including the delivery of a completed Website meeting the specifications set forth in the Buyer’s Plan, the Buyer shall pay to Company a total development fee (“Development Fee”) equal to the value of the Buyer’s Plan multiplied per 12 months, which shall be payable as set forth in the Schedule of Payment referred to in Section 10.2, below.
10.2. Schedule of Payments
Buyer shall pay to Company, upon execution of this Agreement, an amount equal to 1 month of the value of the Buyer’s Plan as the initial payment for Developer’s Services provided hereunder. Thereafter, the remainder of the Development Fee shall be paid to the Company by the Buyer in 11 monthly installments.
10.3. Stages of Development; Invoice
The Company shall notify the Buyer in writing month to month to inform that a new phase of development has been reached, and to report the results that correspond to the previous stage, along with an invoice for the sum to be paid by the new stage of development. The Buyer shall make the payment of the invoice within 5 days after receipt of the invoice.
10.4. Pass Through Expenses
The parties acknowledge and agree that all expenses associated with the development process, including but not limited to payment of any licensing fees, software procurement, costs of purchasing graphics, photographs and other web content, materials, supplies, and all other elements of the website development shall be absorbed by the Company and that the Development Fee set forth above shall be the entire expense to be paid by the Buyer hereunder. Notwithstanding the above, Buyer is responsible for all costs and expenses not related to the design and development services, such as hosting, domain name registration, marketing, search engine placements, and any other service described in its respective section.
10.5. Early Termination
In the event that this Contract is terminated by its terms prior to the payment of the 12 monthly payments by the Buyer, Company shall be compensated for the work done. Company will send the Buyer a report of the state of development of the Website,
a. If the state of development is higher than 75%, the Company must be compensated with the 100% of the value established in section 10.1.
b. If the state of development is less than 75%, the Company must be compensated with a percentage of the value established in section 10.1., equivalent to the percentage of Website development.
If the Company fails to reach a payment agreement with the Buyer, the Company shall retain all work and information related to the Buyer’s Website until the Buyer make the corresponding payment. The Buyer understands by hereunder that the monthly value of the Plan includes services of hosting, registration of domain, and others related; and therefore the Company will give by finished all these services with the Buyer. If after 3 months of the termination of this Contract the Company has not reached an agreement with the Buyer, the Company erased all work and information related to the Buyer’s Website of the Company’s Systems.