Web Design Contract - How to Legally Protect Yourself

Web Design Contract - How to Legally Protect Yourself

Freelance web designers are often so engrossed in their main business that they can forget to cover such basics as making a web design contract for each project. Many designers rely on oral contracts which, although valid, are poor substitutes for a thoroughly written contract. An oral contract can lead to misunderstanding between client and designer as to expectations; a written contract states in very clear terms what each party can expect from the other and what his own responsibilities are. If ever a dispute arises between designer and client, the paperwork documenting what was agreed upon by both parties is what will serve as the basis for the settling of issues.

It is important that everything pertinent to the design project be unequivocally stated in a contract. What may be a given to the designer may be something completely unknown or unheard of to his client. By stating terms and conditions down clearly, designer and client come to a place of understanding.

So what are the essential things a contract should include?

Term of contract

A contract should specify a definite commencement date and an ending date.

Services provided

This section explains what services the web designer is agreeing to do for the client and what products he is agreeing to deliver. The detailed list of services is not included here but stipulated in a schedule that is attached to the contract.

Service rates and payment

This section spells out the service fees that the designer is charging the client and that the client agrees to pay. It specifies how the payment will be divided, the deposit required, if any, as well as any retainer charges. It lays out at what phases of the project the freelancer will issue invoices to the client and the time frame in which the client should make payment after invoice. It explicitly states that the client agrees to pay within the specific time frame and what the consequences are of non-payment as per agreement. Any interest that will be charged as a consequence of late payment is also stated here.

Client responsibilities

What the client is expected to provide so that the freelancer can perform the agreed upon services are stated in this section. It would be good to declare that the client agrees to provide these things at no cost to the web designer.

Termination

This is sometimes called an escape or walk-away clause because it states that either party can choose to end the contract when there is a breach in contract and the violation is not resolved within an agreed upon time frame.

Intellectual property

This section explains what rights the web designer is transferring to the client and what stays with him. Issues that often lead to misunderstanding, such as copyright ownership, must be overtly dealt with here. This section also requires that any content or material the client is providing the designer with in order to perform the job is rightfully the client's to provide and does not contravene any third-party's rights. The designer may request for warranties of non-infringement from the client to ensure that the client has obtained the necessary rights to the material he is providing.

Warranties

This section states that unless supported by written documentation, any claims said or implied by the web designer are not valid. This is to protect the web designer in the case that he may have said something that may have been misunderstood by the client. On the part of the designer, there is a warranty that the services and products he is providing will be fit for the particular purpose for which they are designed and that the product he is delivering must be generally acceptable in the web design trade.

A comprehensive contract serves as a check and balance mechanism for both designer and client and avoids numerous time and energy consuming problems in the future.

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