Web Site Agreement/Contract

[StarLab]

I searched around, but found little talk about this here. (Might just be me)

I am working on a draft for a Website Contract Agreement. I'm not entirely sure what all I should include in it.

In the past I have done fairly well by word-of-mouth and had an agreement I wrote myself. Since I plan step things up a bit, I thought it a good idea to make one that is more "official"

Can someone link me to some examples of ones you feel are fair to the webmaster and client alike?

...or maybe a discussion on this? I'm game either way!

[gammaRascal]

You wont find much because it's really not a standard method of doing business in the web industry. It's really only when you start having to deal with corporate to corporate projects or using proprietary products / applications or dealing with copyrights that at some point people might have to sign NDA's or sign contract obligations for the lawyers.

If you're looking for a level of security, just get paid first and if they bail on the project it's their loss. You always cover your ass.

[Skinny]

I would suggest if you do want to step it up a notch I would visit my lawyer. They can either write one up for you or ensure that there aren't in loopholes.

I would suggest you find a lawyer that specializes in internet commerce.

Skinny

[StarLab]

Originally Posted by 3ncryptabl3_lick

You wont find much because it's really not a standard method of doing business in the web industry. It's really only when you start having to deal with corporate to corporate projects or using proprietary products / applications or dealing with copyrights that at some point people might have to sign NDA's or sign contract obligations for the lawyers.

If you're looking for a level of security, just get paid first and if they bail on the project it's their loss. You always cover your ass.

I have always worked as 50% up front, the balance due once the project is complete and the customer is happy.

I only ever had one situation where I got burnt for the final 50%. In that case, I simply removed my custom templates (used them on my next project) and left them with a default site and forum theme.

Usually, I find that templates account for about 1/2 the time I spend on any given project (CMS installations). So, I simply specify that the first 50% gets you a working (default looking) site with some basic content, the other 50% covers the custom themes. I reserve the right to re-use the template in the case of non-payment. Failure to complete payment results in removal of my template. Client keeps the site, as is, and I have a head start on my next job.

Up to this point, most of my work done was for businesses local to me. I have always been able to meet face to face with the clients. Now, I want to accept clients via my upcoming website, which means dealing with a wider market. Like you said above, I just want to "cover my ass"

Do you guys even worry about such a document. Does it do anything for your average freelancer?

[Skinny]

I freelance once in a while. It's not my major thing, but I love designing. I actually don't use a contract or anything.

It's pretty much verbal or agreed upon. I usually don't accept any money up front which is just my policy and surprisingly I have never been burned any money.

Skinny

[unlmtdrw]

Originally Posted by 3ncryptabl3_lick

You wont find much because it's really not a standard method of doing business in the web industry.

I don't want to put in a totally scathing reply, but I am a little dumbfounded by this response. Any good business relationship is founded on the principles of ensuring expectations are clearly stated and well understood up front.

The only way to ensure you have addressed concerns for liability, copyright/design ownership, tax responsibilities, etc. etc. is to have a contract or agreement signed by both parties.

StarLab: I am assuming here that you wish to appear professional and do more than just CYA. There are lots of resources out there to help you build a very respectable agreement yourself for occasional work or for startup -- in case you're not quite ready to ante up for a lawyer.

What you include in your contract can also be influenced by where you are conducting business. Check with your local state "small business" dept to see what they offer.

But, since we live in a society where immediate rewards are what sells:

• As cheesy as it seems, you could start here (http://webdesign.about.com/od/legal/..._Designers.htm)...
• Ivan Hoffman is a terrific resource (http://www.ivanhoffman.com/web.html)
• or here (http://websitetips.com/business/legal/)
• or just Google search

Good luck!

P.S. Oops, just noticed your location... sorry 'bout that. Please sub "province" for "state" in the above post. :-) Regardless of which North American country, though, the principles of a good contract will hold true.

[StarLab]

Thanks, unlmtdrw!

I did a some searching and found some resources on my own. The links you provided will also help out in drafting what I need.

Thanks for your input. Appreciate it!

[unlmtdrw]

my pleasure...

[Lex94]

make designs on your own server so you don't have to worry about removing them.
Client will be able to see it and if happy - make the balance payment.
After you get paid - you upload files to the client server.

I had this situation only once when I could not reach my client for couple of month after work was done. No email response, no return phone calls...
I put design out for sale and made three times more than unpaid balance.

[StarLab]

Originally Posted by Lex94

make designs on your own server so you don't have to worry about removing them.
Client will be able to see it and if happy - make the balance payment.
After you get paid - you upload files to the client server.

I had this situation only once when I could not reach my client for couple of month after work was done. No email response, no return phone calls...
I put design out for sale and made three times more than unpaid balance.

Nice catch!

You suggestion is an option too. Thanks for that.

[kristeejo]

here's the one i use. i use this for EVERY new client.
Agreement Terms:
Either party has the right to terminate this contract for any reason. In this case the client will receive full reimbursement for funds delivered minus any registration and labor fees.

Signing Customer, by executing below, hereby represents and warrants with respect to any and all data, recorded and printed materials delivered to Contractor in connection with this Agreement that (I) Customer has obtained all rights and permissions required to be obtained to have the data and artwork supplied by Customer to Contractor replicated/duplicated onto Web Media without infringing any trademark, copyright, contract, property rights and paid any and all royalties required to be paid, pursuant to any contractual agreements governing such materials, and the Copyright Law of the United States of America and any other applicable statutes or comparable law of any other jurisdiction regulating the rights and use of data, recorded and printed materials; (ii) the Materials do not contain matter which constitutes libel or defamation of, or the invasion of the right of privacy or publicity of any individual; and (iii) the Materials do not contain obscene and/or pornographic matter.

In consideration of Contractor supplying products herein and providing the services to the Customer under this Agreement, the Customer hereby indemnifies and holds Contractor harmless from and against any and all claims, threats, suits, penalties, liabilities, costs and expenses (including without limitation, legal fees, costs and disbursements) incurred, suffered or expended by or threatened Contractor by reason of, or arising out of, any claim pursuant to any contractual agreement covering the data, recorded and printed materials delivered to Contractor pursuant to this Agreement and any claim of infringement of copyright or of any claim for royalties pursuant to the Copyright Law of the United States of America, or any other applicable statutes or comparable law of any other jurisdiction regulating the rights and use of data, recorded and printed materials.

By executing below as an authorized agent of the XX, states that you agree to all of the terms and conditions of the proposal dated February 21, 2007, for the services to be provided.

Contractor will utilize this signed document as authorization to proceed performing the services as outlined in this proposal.

Contractor requires a 50% down payment for services as a down payment. The remaining 50% of the amount due will be rendered upon completion.

Contractor will utilize this signed document as authorization to proceed performing the services as outlined in this proposal.

Contractor requires a 50% down payment for services as a down payment. The remaining 50% of the amount due will be rendered upon completion.

[StarLab]

Thanks, kristeejo...

Mine says pretty much the same, but doesn't seem to come off as "official" sounding as the one you've provided. I'm just not good at "legally wording" stuff.

I have several references now (including yours ) so I will have lots of examples to work from.