Web Development Agreement
This Web Development Agreement (this "Agreement") is made effective as of April 03, 2023, by and between JSY Englewood Foot & Ankle Center (the "Client"), of 185 Engle St. Suite #200, Englewood, New Jersey 07631, and Forgetree Inc (the "Web Developer"), of 287 Ackerman Ave, Glen Rock, New Jersey 07452. In this Agreement, the Client shall be referred to as "JSY Englewood Foot & Ankle Center", and the Web Developer shall be referred to as "Forgetree".
WHEREAS, Forgetree possesses technical expertise in the field of computer programming and, in particular, the creation and development of website technology; and
WHEREAS, JSY Englewood Foot & Ankle Center desires to engage Forgetree, and Forgetree accepts the engagement, to design a World Wide Web site (the "Web Design Project") in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, JSY Englewood Foot & Ankle Center and Forgetree agree as follows:
RETENTION OF DEVELOPER. JSY Englewood Foot & Ankle Center hereby retains the services of Forgetree for the Web Design Project to be published on JSY Englewood Foot & Ankle Center's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer (Hosting Service), or provided on disk at JSY Englewood Foot & Ankle Center's option.
DESCRIPTION OF SERVICES. Beginning on April 03, 2023, Forgetree will provide the following services connected with the development of the Website (collectively, the "Services"):
As described in the attached invoice.
PAYMENT FOR SERVICES. In consideration of the services to be performed by Forgetree, JSY Englewood Foot & Ankle Center agrees to compensate Forgetree for the services rendered as follows:
Forgetree's fees for the services specified in Description of Services, above, will be charged according to the following schedule:
Already paid
WEB HOSTING. JSY Englewood Foot & Ankle Center understands and agrees that any web hosting services require a separate contract with a web hosting service. JSY Englewood Foot & Ankle Center agrees to select a web hosting service which allows Forgetree full access to the website.
TERM/TERMINATION. This Agreement shall terminate automatically on April 02, 2024.
RELATIONSHIP OF PARTIES. It is understood by the parties that Forgetree is an independent contractor with respect to JSY Englewood Foot & Ankle Center, and not an employee of JSY Englewood Foot & Ankle Center. JSY Englewood Foot & Ankle Center will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Forgetree.
WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, patents, products, or other information (collectively, the "Work Product") developed in whole or in part by Forgetree in connection with the Services shall be the exclusive property of JSY Englewood Foot & Ankle Center.
LAWS AFFECTING ELECTRONIC COMMERCE. JSY Englewood Foot & Ankle Center agrees that JSY Englewood Foot & Ankle Center is solely responsible for complying with laws, taxes, and tariffs that governments enact and fix from time to time in connection with Internet electronic commerce, and shall indemnify, hold harmless, protect, and defend Forgetree and its subcontractors from any cost, claim, suit, penalty, or tariff, including attorneys' fees, costs, and expenses, arising from JSY Englewood Foot & Ankle Center's exercise of Internet electronic commerce.
CONFIDENTIALITY. Forgetree will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Forgetree, or divulge, disclose, or communicate in any manner any information that is proprietary to JSY Englewood Foot & Ankle Center. Forgetree will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement.
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written.
SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
AMENDMENT. No amendment, waiver, or discharge of any provision of this Agreement shall be effective against JSY Englewood Foot & Ankle Center or Forgetree without the written consent of both JSY Englewood Foot & Ankle Center and Forgetree.
NOTICES. Any notice required to be given pursuant to this Agreement shall be in writing and mailed by certified or registered mail, to the addresses mentioned above.
APPLICABLE LAW. This Agreement shall be governed by the laws of the State of New Jersey.
SIGNATURES. This Agreement shall be signed by YOON HAN, Dr. Yoon on behalf of JSY Englewood Foot & Ankle Center and by SUN YOUNG CHOI, President on behalf of Forgetree Inc. This Agreement is effective as of the date first above written.
CLIENT: JSY Englewood Foot & Ankle Center
By Date: 04/03/2023
WEB DEVELOPER: FORGETREE INC
By Date: 04/03/2023
President: Sun Young Cho
