Title: Key Considerations in Web Site Development Agreements Word Count: 1095 Summary: An analysis of the main terms in website development agreements Keywords: website designers, website hosting terms, website development agreements Article Body: When web developers and their clients get together, there can be a variety of different responses. Some are so keen to get on with the project that they completely ignore the legal contract; others simply work on the standard terms and do not bother looking at them; still others sit down and negotiate an agreement that works for both parties.
We advocate the latter course so that before the project starts both the developer and client look at the expectations each of them has out of the project. There are many standard terms that apply but this article focuses on some of the important legally-related issues to address at that stage. Clarifying the Extent of the work For projects working on the basis of fixed fees, it is essential to clarify exactly what will be undertaken for that fixed fee.
A proper specification for the site (both in terms of functionality and “look and feel”) is needed. It should also address required functionality in order to make the site legally effective (e.g. having the correct pop-up window with terms of business that can only be accepted by clicking the “I accept” button). It is also important to explain clearly How to life hacks additional work, over and above the fixed fee work will be charged.
The agreement should spell out the impact and consequences of delay as well as any actions required on the part of the client and require that the client do whatever the developer needs them to do with due speed. Setting Milestones For many projects, delivery will be in stages. For all but the most basic websites, it will be appropriate to pay the fee in instalments linked to milestones. The results against which the milestones are to be assessed must specific and measurable.
The web developer will want to make sure that the contract allows them to refuse to undertake further work until payment has been made for a particular milestone. The client will want to make sure that appropriate rights are automatically granted at the time of payment of the invoice for each milestone rather than acquiring rights only at the end and the above product is complete – e.g. a licence or a transfer of copyright. The reason for this is that it is not unheard of for developers and their clients to full out in a middle of a project and, provided the client is paid for the work to date, it is appropriate for the client to acquire rights in the work product to that stage.
Acceptance Testing The agreement should provide for various milestones to be by reference to testing to ensure that key functionality is effective. Warranties The client will want to make sure that the developer has either created the material for the website itself or has acquired the appropriate rights to enable the site to function and be developed, possibly independently of the contractor undertaking the initial website development.