Skip to content
Legal

Service Agreement

Last updated January 2026.

Template notice. This page is a professionally-worded starting point. Before publishing, review the highlighted [bracketed] fields with your business details, and have a lawyer in your jurisdiction confirm the final text.

This Service Agreement ("Agreement") governs the provision of design, development, hosting, marketing and related services (the "Services") by [Legal Business Name], a company registered under the laws of [jurisdiction] with registered office at [registered address] ("we", "our", "us"), to you (the "Client").

1. Scope of work

The specific Services, deliverables, timeline and fees for each engagement are described in the accepted quotation, statement of work or invoice (the "Order"). Each Order incorporates this Agreement by reference.

2. Client responsibilities

  • Timely provision of content, credentials, brand assets, feedback and approvals required to deliver the Services.
  • Designating a primary point of contact authorized to approve deliverables.
  • Ensuring you have the right to use any material you provide us.
  • Prompt payment of invoices per the payment terms.

3. Our responsibilities

  • Delivering the Services with reasonable skill and care.
  • Meeting agreed milestones subject to timely Client input.
  • Maintaining reasonable security and confidentiality of Client data.
  • Providing the technical support level defined in the Order.

4. Fees and payment

  • Setup fees are billed at kickoff and at agreed milestones.
  • Subscription fees are billed in advance, monthly or annually.
  • All prices are in [USD/EUR/…] and exclude applicable taxes.
  • Invoices are due within 14 days unless otherwise agreed.
  • Late payment may incur interest at [1.5% per month] or the maximum rate permitted by law.

Payment is collected through our external payment providers (Stripe, PayPal or bank transfer). We do not process card details on this website.

5. Intellectual property

  • On full payment, ownership of all custom design, content, and project-specific source code we produce for the Order transfers to the Client.
  • We retain ownership of any pre-existing tools, libraries, design systems and templates that predate the Order ("Background IP") and grant the Client a perpetual, worldwide, royalty-free licence to use Background IP embedded in the deliverables.
  • Third-party assets (fonts, stock imagery, open-source software) remain subject to their original licences.
  • We may reference the engagement and include screenshots in our portfolio unless the Client opts out in writing.

6. Confidentiality

Each party will treat non-public information disclosed by the other in connection with the Services as confidential, and will only use it to perform its obligations under this Agreement. This obligation survives termination for three (3) years.

7. Data protection

Where we process personal data on the Client's behalf, we act as a processor under applicable data-protection law (including the GDPR and UK GDPR where relevant). A Data Processing Addendum ("DPA") is available on request.

8. Warranties

We warrant that the Services will be performed in a professional manner consistent with industry standards. Except as expressly stated, the Services are provided "as is" without further warranties of any kind, whether express or implied.

9. Limitation of liability

To the maximum extent permitted by law:

  • Neither party will be liable for indirect, incidental, special, consequential or punitive damages, or loss of profit, revenue, business, opportunity or data.
  • Our aggregate liability under this Agreement will not exceed the fees paid by the Client in the three (3) months preceding the event giving rise to the claim.
  • Nothing in this Agreement excludes liability for death, personal injury caused by negligence, fraud, or any other liability that cannot be excluded by applicable law.

10. Indemnity

Each party will indemnify the other against third-party claims arising from its own gross negligence, wilful misconduct, or breach of this Agreement.

11. Term and termination

  • Fixed-fee Orders end on final delivery and payment.
  • Subscriptions renew automatically until cancelled per our Refund & Cancellation Policy.
  • Either party may terminate for material breach not cured within 14 days of written notice.
  • On termination, we hand over all Client materials and any completed deliverables paid for; the Client pays for work performed up to the effective termination date.

12. Force majeure

Neither party is liable for delay or failure due to events beyond reasonable control (natural disasters, pandemic, government action, major internet outages).

13. Governing law and disputes

This Agreement is governed by the laws of [jurisdiction]. The parties will first attempt to resolve any dispute by good-faith negotiation. Unresolved disputes will be submitted to the exclusive jurisdiction of the courts of [city, jurisdiction].

14. Entire agreement

This Agreement together with the Order, our Terms of Service, Privacy Policy, Acceptable Use Policy and Refund & Cancellation Policy constitutes the entire agreement between the parties.

15. Contact

[Legal Business Name] — hello@nextsite-agency.com