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