Create a Web Development Contract?

How to Create a Web Development Contract?

Web developers play an important role in making a brand’s website structure. Having said that, many people also confuse web developers as website designers. In reality, web developers build a web page and web designers visualize. For example, a developer creates the framework of a mobile app (with software like Java and JQuery) and a designer plans its style (with codes like HTML and CSS) and creates the website design.

Legal mishaps may occur if web developers take up website projects without proper legal documents. They can easily get into disputes with the client (such as payments, ownership rights, the scope of work) which can be a challenge to overcome.

Thus, it’s important to establish a web development contract, which safeguards the interests of both the concerned parties.

How does a web development contract help web developers?

A web development contract is a binding agreement between a web developer and their client. It becomes legally enforceable under the governing laws of a state, (such as the United States) when duly signed by both parties.

This contract outlines the web development services, the relationship between the web developer and client, confidentiality obligations, and other important applicable laws of the state like severability, cancellation and termination clauses, etc. It acts as a shield to avoid sketchy situations with the client.

Please note that web development contracts and web design contracts are often used interchangeably or even together to define the complete services of the agency. Web developers also often refer to their contracts as a “contract killer” or an open-source contract. This is because they usually prefer keeping a wiggle room for further negotiations and amendments.

Without any legal documentation in place, here are some of the possible nightmares which can come up in a web developer’s life.

The client may add excess elements in the scope of the project and expect you to execute the same

The client may not be happy with your website construction and request further browser testing even if the delivery date is coming close, causing unfavorable circumstances between the parties

The client discredits your fees and payment terms

The client sues you and holds you liable for the website not gaining exposure and leading to a loss of revenue

The client misuses your proprietary information that you utilized in building the website

Establishing a web development contract will help you prevent such tricky situations that can turn into lawsuits. It will essentially ensure that the undertakings and responsibilities between both parties are crystal clear.

You may consult an attorney to get legal advice regarding a website development contract. Or, you can alternatively use a document management software that provides pre-formatted legally vetted contract and agreement templates.

What provisions will a web development contract consist of?

The use of uncomplicated language with minimal technical jargon can help in fast-tracking the contract acceptance process for web developers. For instance, the terms and conditions provided by AIGA (American Institute of Graphic Arts) may become overwhelming. So, the web developers or designers are considered responsible to verbally explain the subject matter to the client accurately. Using simple language can help avoid these hassles and prevent confusion to a great extent.

Here are some primary legal terms used in a web development contract:

Scope of work: The scope of work provides the exact details of the key responsibility areas of a website developer, consented to by the client. This acts as a guide to avoid defaults in performance. It is very important to make this section detailed to avoid loopholes. Thus, anything outside of the pre-defined scope of work, would not be your responsibility to adhere to.

Timing: Here you declare your operative hours and mention the number of tentative business days needed to provide the final website.

Payment: Payments are crucial to enhance the revenue of your business. Ensure there is no ambiguity in this section. Define a payment schedule and include the accepted payment modes, hourly rates, and your charges for excess modifications to the deliverables.

Intellectual property rights: This section is like your guardian angel. It prevents your client from gaining ownership of your creations until you consent to it. Usually, freelancers or solopreneurs do not let the client gain any authorization on its deliverables until the full payment is made for the availed services.

Relationship of parties: If you don’t want any uncertainty regarding the alliance you have with your client, it’s best to put this clause in place. Here it is defined that the web developer is an independent contractor and will not form an employee-employer relationship or partnership with the client.

Confidential information: During the tenure of the contract, there shall be an exchange of trade secrets, know-how, records, roadmaps, and other private information that needs to be kept discrete. This section shall ensure that no such confidential information is leaked to third parties.

Indemnification: After the services are rendered, a customer may claim the information on the website as deceiving. Ethically you cannot be blamed for the contents in the website as the client has given their final approval for the same. Thus, your client needs to indemnify and hold you harmless against any website concerns. This shall save you from liabilities as a service provider.

Term: The term defines the effective date and termination date so that both parties are clear about the expected time period of this business association.

Arbitration: Here both parties shall agree to resolve any arising dispute in an amicable manner exclusively, following the laws of the court of competent jurisdiction in the state. The contract should also specify the way forward process in case no solution to the dispute is formed outside of court. Then consider stating the obligations of both parties in paying the attorney’s fees in the event of litigation, or mediation