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:

  1. Following the signing of this agreement, Steve Workings will begin work as an independent contractor to deliver a Membership Database Management System.
  2. 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.
  3. Mr. Workings shall deliver the customized software application in a timely manner.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. $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