This is not written by a professional lawyer or anyone close to one. It is written by a typical business owner of a web development company that has successful law degree or the budget to hire a lawyer to draft a contract web development. However, they are in need of a contract agreement that ensures a project is well defined for both the customer and the developer as to what are the expectations of the entire project.
I have to write a disclaimer that this proven web development agreement is purely based on experience and knowledge of web design and development of the industry. Others may write these contracts and agreements differently. This article is written to help others who want to know how to start writing a 10-step web design and development agreement. So enough said, go down to the 10 steps:
1. Scope of Services:
Start with the most important aspect of the whole project. Which is exactly what they are like the developer is going to do for the customer? Provide a summary statement of 3.5 the scope of service. Will you be responsible for the design and programming? How will the website be updated? Who will be responsible for marketing the late proejct? Who will host the website when the project is carried out?
2. Price and Payment
This is the area where the state is ahead and pay the exact price and terms of payment is divided into sections. Does the proposal quoted a flat rate? Is it an hourly rate and how to document and follow up? Does the payment be made with a predetermined percentage of down payment and then a monthly billing cycle, or it is a related milestone payment system?
3. Duration and Termination
How long will the contract agreement enforceable? If the client does not want to continue the project ¾ the way through the project how can you go? What are the penalties and deadlines that can leave the contract? This is crucial, especially web development agreements with entrepreneurs and new companies often have a great idea, some kind of scheme or business plan for what they want to do, but somehow never end up ahead with the project. Then, when the developer should have certain rights. Do you keep all the code has been developed? Can complete and maintain intellectual property to it? There are many factors that can go in this area, but protects the client and the developer if a developer is unable to complete a project or continues to be late deliveries and the customer wishes to terminate the relationship.
4. Intellectual Property Ownership
One aspect to be addressed is the intellectual property that will maintain the project? Typically, the client retains all intellectual property. This area will include all intellectual property covered, such as source code, all digital files, documentation, intellectual property is very important for any and all design projects and web development.
5. Confidential Information
Many customers want to keep all information exchanged within a project for the developer as highly confidential and can not be displayed at all. This must be addressed in any agreement on the extent to which information can be disclosed. The developer can mention that you are working for the client during the course of the project to other potential prospects or customers? Many developers use its customer base and sales tools for other clients. This area should accurately represent what is reported and for how long. What time is confidential information and so on.
6. Warranty and Liability
Having a warranty on the work being done is standard in most web projects. Usually a 30 to 90 days is given for all work to be functional and bug free. Now this is the area that small details such as customer access to the server and error entering the files and make changes to error that affects the functionality within the terms. Consider the labels of products you buy, such as furniture and mattresses. It is said that the warranty is void if you tear the label off. This is what can be addressed in this field. It offers a guarantee of certain terms and conditions with specific responsibility as well.
This is the area in which the promoter revealed no liability for any loss of money for the developer or other economic loss directly or indirectly with the development of the web. Some less experienced customers will turn to developers as the source of your website will not succeed online. Avoid problems in the future if something is wrong that the customer thinks, especially the things that the developer has no control once the website is launched. In addition, during the project itself, if for any reason there is a financial loss, which protects you as a developer.
8. Relationship of Parties
Make sure the client and the developer to understand what their relationship is. Is the relationship a partnership for development? Is it strictly a work relationship kind of rent? Are you a customer and supplier relationships. This is the area where this should be highlighted to ensure that the commercial relationship is defined.
9. Employee Solicitation / Hiring
Many developers do not think twice about it, but there have been cases where clients have attracted employees or independent of the promoter during or after the project was completed. Of course this has huge negative aspects associated with it if this happens. That’s why this area is also very important to establish the fact that the client can not with employees to developers in any way when hiring potential or benefits. Specify a certain amount of time for this too. Normally this time is between 2-5 years.
10. Entire Agreement
This is the end of the document that basically, I should say that the whole document and its attributes included in the entire contract and not replace it. Also, this is the area will the client and the representative of the key developers who sign it, date, and after his role within the company. Make sure that each and all changes after the firm signed with the initials of both parties along with the change.
These 10 steps to writing a successful web design and development contract and the deal will give peace of mind for the customer and the developer and pave the way for a trusted business relationship.
Some customers may be surprised when presented with what could be a 2-4 page document to read and sign. Do not be afraid to walk through each point and reaffirm the fact that this document is necessary to protect a client and as a developer in any unwanted circumstances, at the same time shows exactly what the obligations of each are. That said, there should be no problem and the client must be willing to sign the document. Of course, if they are unwilling to sign this document may be a financial loss for the developer, but eventually you will avoid headaches and more substantial economic losses.
Good luck on writing your first web design development agreement. Like all things that are practiced these are easier to write back.