| This is not written by a professional lawyer or | | | | warranty is given on all work to be functional and |
| anyone close to one. It is written by a typical | | | | bug free. Now this is the area that small details such |
| business owner of a successful web development | | | | as the client having access to the server and by |
| company who has no law degree or the budget to | | | | mistake entering the files and making changes on |
| hire a lawyer to write a web development contract. | | | | mistake that affect the functionality within the terms. |
| However, they are in need of a contract agreement | | | | Think of the label on products that you purchase |
| that will assure a project will be well outlined for both | | | | such as furniture and mattresses. It says that the |
| the client and the developer as to what the | | | | warranty is void if you tear the label off. This is what |
| expectations are of the entire project.I must write a | | | | you can address in this area. You will provide |
| disclaimer that this proven web development | | | | warranty on certain terms and conditions with |
| agreement is purely based on experience and | | | | specific disclaimers as well.7. Limitation of Liability |
| knowledge of the web design and development | | | | This is the area in which the developer discloses that |
| industry. Others may write these contracts and | | | | they are not liable for any losses of money for the |
| agreements differently. This article is written to help | | | | developer or other economic losses directly or |
| others who wish to know how to begin to write a 10 | | | | indirectly associated with the development of the |
| step web design and development agreement. So | | | | website. Some less experiences clients will turn |
| enough said, let's get down to the 10 steps:1. Scope | | | | around to the developer as the source of their |
| of Services: | | | | website not succeeding online. Avoid issues in the |
| Start off with the most important aspect of the | | | | future if something does not succeed that the client |
| entire project. What exactly are you as the | | | | thought would, especially things that the developer |
| developer going to do for the client? Present a | | | | cannot control once the website is launched. Also, |
| general 3-5 sentence summary of the scope of | | | | during the project itself, if for whatever reason there |
| service. Will you be responsible for the design and | | | | is a financial loss, it protects you as a developer.8. |
| programming? How will the website be updated? | | | | Relation of Parties |
| Who will be responsible for the marketing at the end | | | | Make sure that the client and developer understand |
| of the project? Who will host the website when the | | | | what their relationship is. Is the relationship a |
| project is done?2. Price and Payments | | | | development partnership? Is it strictly a work-for-hire |
| This is the area where you are upfront and state | | | | type relationship? Is it a client and vendor |
| the exact price payment and terms of the payment | | | | relationship? This is the area where this needs to be |
| is split up into installments. Is the project quoted at a | | | | highlighted to make sure the business relationship is |
| fixed rate? Is it an hourly rate and how is this | | | | understood.9. Employee Solicitation / Hiring |
| documented and tracked? Will the payments be | | | | Many developers never think twice about this, but |
| made with a certain percentage up front as a down | | | | there have been cases where clients have lured |
| payment and then a monthly billing cycle, or is it a | | | | employees or freelancers of the developer during or |
| milestone related payment system?3. Term and | | | | after the project was completed. Of course this has |
| Termination | | | | huge negative aspects associated to it if this |
| How long will this agreement contract be | | | | happens. That is why this area is also extremely |
| enforceable? If the client does not want to peruse | | | | crucial to lay out the fact that the client can not |
| the project ¾ of the way through the project | | | | solicited the developer's employees in any way when |
| how can he get out? What are the penalties and | | | | it comes to potential hiring or additional perks. Specify |
| timeframe they can exit the contract? This is crucial | | | | a certain amount of time for this as well. Typically |
| especially to web development agreements with | | | | this time from is between 2-5 years.10. Entire |
| entrepreneurs and startups that many times have a | | | | Agreement |
| great idea, some type of outline or business plan for | | | | This is the ending of the document that basically |
| what they wish to do, but for some reason never | | | | should say that the entire document and its |
| finish through with the project. Then as the | | | | attributes fall under the entire contract and that |
| developer you must have certain rights. Do you keep | | | | nothing will supersede it. Also, this is the area the will |
| all of the code that has been developed? Can you | | | | have the client and developers key representative |
| finish it and retain intellectual property to it? Many | | | | who will sign it, date it, and post their roles within the |
| factors can go in this area, but it protects both the | | | | company. Make sure that any and all modifications |
| client and the developer in the case a developer | | | | after signature are signed with initials of both parties |
| never is able to complete a project or continues to | | | | next to the change.These 10 steps to writing a |
| be late on deliverables and the client wishes to | | | | successful web design and development contract and |
| terminate the relationship.4. Ownership of Intellectual | | | | agreement will give a peace of mind to both the |
| Property | | | | client and developer and will pave the way to a |
| One aspect that needs to be addressed is who will | | | | trusting business relationship.Some clients may be |
| retain the intellectual property to the project? | | | | surprised when presented with what could be a 2-4 |
| Typically the client retains all intellectual property. This | | | | page document to read and sign. Don't be afraid to |
| area highlights all of the intellectual property covered | | | | walk them through each point and reaffirm the fact |
| such as the source code, all digital files, | | | | that such a document is needed to protect them as |
| documentation, etc. Intellectual property is very | | | | a client and you as a developer in any unwanted |
| important to any and all web design and development | | | | circumstances, at the same time highlights exactly |
| projects.5. Confidential Information | | | | what everyone's obligations are. With that said, there |
| Many clients wish to keep all information that is | | | | should be no issues and the client should be willing to |
| exchanged within a project to the developer as | | | | sign the document. Of course if they are not willing |
| highly confidential and cannot be disclosed | | | | to sign the document perhaps it is a financial loss to |
| whatsoever. This must be addressed in any | | | | you as the developer but in the long run it will avoid |
| agreement as to the extent that information can be | | | | headaches and even more substantial financial |
| disclosed. Can the developer mention that they are | | | | losses.Good luck on writing your first web design and |
| working for the client during the course of the | | | | development agreement. As all things the more you |
| project to other prospects or potential clients? Many | | | | practice writing these the easier they |
| developers use their portfolio of clients as sales tools | | | | become.Copyright 2006 by: Cosmin GhiurauCosmin |
| for other clients. This area must represent exactly | | | | Ghiurau is the founder and president of Jumpeye |
| what is disclosed and for how long. What period of | | | | Creative Media, Inc. a highly talented web |
| time is the information kept confidential and so on.6. | | | | development firm that specializes in L.A.M.P. |
| Warranty and Disclaimer | | | | Architecture development and Rich Media Flash |
| Having a warranty on the work that is developed is | | | | Actionscript Programming. |
| standard in most web projects. Typically a 30-90 day | | | | |