A Deeper Dive into Website Design Agreements
A website design contract is a legally binding agreement between a designer and their client regarding the work that is to be done on a particular website. This contract will pertain to the specific work being done and outline elements such as payment, design fees, schedule and project milestones. More importantly, a website design contract should protect both the designer and the client from any future disputes or actions with regard to the website.
A website design contract will generally contain several elements , including a description of the parties involved, each party’s responsibilities, schedule of payments, intellectual property rights, what happens when either party fails to preform (default), a statement of work, etc. The statement of work outlines the budget and the general scope of work to be done during the project. The parties are expected to sign the contract before beginning the work.
Essential Elements to Include in a Contract Template
A website design contract template should reflect the unique needs and expectations of the parties involved, but there are some key components that every good agreement has. These include:
Scope of Work
The scope of work should outline all aspects of the project including the overall concept of the website, the process by which it will be developed and delivered, the intellectual property involved and who owns the rights to it, and any other relevant information. The scope of work is the most important part of the contract because it lays out your expectations and the designer’s obligations.
Timelines
The timelines section of your website design contract tells both parties what needs to be completed when. It is smart to list specific deadlines throughout the process and have them agreed to so that no one feels slighted. You might also want to include a clause about what happens if the timelines are not adhered to for some reason, such as late design deliverables or late payments.
Payment Terms
Most people hire a website designer or developer to help them with a new website design or an overhaul of their existing website. If this is the case, there should be a section about fees and payments. Nobody wants to have to chase someone down for money, so small businesses should break it down and make it real easy for everyone to see what is owed and when.
Responsibilities
Both parties need to be clear on what the other is going to reasonably do so that no one is blindsided by a lack of performance or fulfillment. While no one wants their contract to be too difficult to read through, it should be as straightforward as possible.
Common Pitfalls to Watch Out For
Many designers and clients fall prey to common mistakes in the relationship, causing tension and misunderstanding. One mistake is not having a contract at all, and simply going with the old-fashioned handshake (that sounds old, but it’s still true). The contract is the foundation of a great working relationship; your contract should be very detailed and have as many descriptions so that all expectations are clear. The more vague the contract, the easier it will be for either party to misconstrue what was agreed to. Another common mistake is not having a solid hourly rate, and relinquishing to "just sending me a check for a few hours." If you don’t have a good rate in place, the client may dump more work or time on you than you would have approved with an hourly rate; people tend to take advantage of the "kindness of strangers." Never have any kind of contract without studio ownership rights. Whether the design is a simple icon or an elaborate web application, your name should be on it, literally, legally, and in pixels. Should the designer take the work to a new firm or even go to work for the client, this loophole can be a big issue.
Legal Aspects to Consider
A good contract template for your website design contract will set clear and detailed terms to address the legal considerations that need to be met in order for the contract to be legally enforceable.
Jurisdiction is an important consideration when drafting a website design contract template. Typically, you would want the governing law to apply according to the laws of the location where the designer performs the majority of their services. That means that the contract should include a selection of jurisdiction clause, which should specifically state the particular governing jurisdiction for the contract.
The template should also address intellectual property rights . In this case, the designer has intellectual property rights over the website they are designing until it is transferred to the client. The transfer of the created intellectual property is usually one of the conditions for payment.
The contract template should also include a clause on the resolution of disputes. Between the parties, they could choose to put in a mediation clause prior to proceeding with litigation. If the parties want to choose which court to work with, they should elect to have their disputes heard in a particular court rather than the place where the website is hosted and released because the courts of that particular jurisdiction may have different rules and regulations.
Tailoring Your Template
Even the most comprehensive contract template still needs some degree of customization. PC World explains: "Most lawyers offer a basic form of contract that covers the main points in most typical situations. Use those as a basis, but feel free to modify them when necessary in order to ensure a good deal for both you and the client," says Susan Hackett, general counsel for the Association of Corporate Counsel. One area where special attention should be given is the description of what the Web designer is actually going to do. If, for example, the designer is going to do extensive programming in addition to the design work, it’s critical that the contract reflect that fact. Keep in mind that some designers consider themselves more of artists than programmers, and may be unsure how to factor programming costs into the price of a site. In such cases, Hackett advises that designers find out how much programmers normally charge to create the same system. Another possible modification is to strengthen the contract’s confidentiality provisions, mainly to prevent anybody from making copies of the Web site and selling them for a profit. Here it might be advisable to consult with a lawyer. If the client is a Web site, a payment schedule should be spelled out, such as a payment for design work, a payment for wording, a payment for braiding, and so forth. Fournier adds that our own contracts have separate provisions for pixel art and pixel edits, sometimes charging more for larger changes than would become if they were a larger less detailed small and exact adjustment.
Where to Find Contract Templates
Solutions for contract templates are numerous these days. There are several places to find reliable, professional-looking website design contract templates online. One of the best ones is FindLegalForms.com. Not only do they have the most common types of simple contracts, but they are affordable and easy to use. Simply download, fill in the blanks appropriately, have both parties sign and dating signatures, and voila, you’ve got your website design contract protected under law.
Another great place to visit for a large resource of contracts is TemplateLab.com. They even have an entire section dedicated to web development contracts. These are free to use, and can be downloaded right then and there . Keep in mind that these contracts are NOT specifically designed for your specific needs, and you should have an attorney look over the contract before entering into an agreement with a client. However, it’s not a bad idea to get familiar with what to expect and whether your proposal makes sense, and these templates are perfect for that.
The last one we’d recommend is USLegalForms.com. They have been around for several years styling themselves as the "largest database of legal forms anywhere on the Internet." They charge about $19 per form downloaded. Again, we highly recommend having an attorney review what you need before a contract is signed.