Web Design Contract Basics

Web Design Contract Basics

Web Design Contract Basics

Client Requirements

From initial contact, take notes as to what your prospective client's requirements and expectations are as well as the services you agree to provide for him. This is so that when the time comes to draw up a binding agreement, you have all that you need to come up with a bulletproof web design contract. While still in the talking stage, get all the thorny stuff out of the way so that you and your client have realistic expectations of each other. Otherwise, when contract time arrives, a troublesome issue may arise and turn out to be a deal breaker...and this after you've already invested considerable time and energy.

Here are some prickly issues that must be dealt with in the contract.

Scope of Work

The Web Design Contract should describe clearly what services and products you agree to provide for the client. If the project is a large one, the list of specific tasks and products can go in an attached schedule. Be sure to specify what is not included in the scope of work - e.g. site maintenance. This will prevent misunderstandings and be very helpful later on if the problem of scope creep ever arises.

Client Obligations

State all the things that the client is required to do for the project to proceed in a timely manner. Include a time frame by which he must accomplish these things.

Often a project is delayed by the client's failure to provide content that you need. This problem that can be dealt with in the contract by imposing negative consequences for the client - e.g. loss of deposit or fines - if he fails to deliver at a certain time. In the event that the client still fails to deliver by an extended date, you can put a proviso saying that continued failure to perform this obligation will be considered a breach of contract. Consider similar riders for all situations that require timely client action.

Client Revisions and Project Completion

Agree with your client on workflow milestones based on progressive phases of the project. Define these clearly in the contract. As each phase of the work is completed, get the client's "OK" and have him sign an approval form. He may want to make revisions. Your contract should specify how many revisions he is allowed to request for each phase. The client should be made to understand that once he has exceeded this number, any additional revision will be subject to extra fees. When you've completed your work, take the client through a final review of the website. Note down any revisions he may require, although at this point there shouldn't be anything major as he's already given his approval for previous phases. Once you've addressed these and the client has approved, the project is considered complete. Define it as such in the contract. Any changes the client may request from this point on should fall under the scope of site maintenance (which may or may not be part of your contract).

Ownership and Copyright

Establish copyright ownership. Many clients are under the mistaken notion that because they've paid for the work, they automatically own the site and are entitled to the source files. If you are working as an independent contractor, you retain ownership of your creation and thus have copyright. On the other hand, "work for hire" implies an employer-employee relationship, whereby the employer owns the creation and the copyright. If you own the copyright, you may already want to stipulate whether you intend to retain full rights, whether you're going to assign full or partial rights to the client, or whether you're just allowing license to use. Web Design Copyright is something that requires some forethought.

Limitation of Liability

Be sure that the contract limits your liability and excludes consequential damages - i.e. damages that are not a direct result of the initial act of one of the parties. Consequential damages may include loss of time, loss of business revenue, inconvenience, etc. In the event that you do not meet the project deadline, your client might decide to take legal action against you. If you fail to include a clause limiting your liability, your client could sue you for loss of revenue, for the entire cost of his marketing campaign that failed due to your lateness, and a host of other consequences your client wants to blame you for.

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