Description
This Web Design Contract (sometimes referred to as a website development agreement) is a business-to-business agreement for a web designer seeking to provide website design services. The contract comprehensively covers legal aspects involved in supplying this type of Internet service. The basic contract can be used by the web designer as a form of terms and conditions of business.
Summary
Development of a website will at the very least include provision of the design services. Other services that may be provided could include sourcing and modification of content and site management and maintenance.
Services will be agreed between the parties as separate commercial terms and will be entered into the schedule to the agreement (along with fee and fee payment terms). Protection exists making payment fundamental and providing extremely favourable provisions on the time of delivery of the services.
Onus is on the client to provide any specifications, software, data or other information necessary for the development services to be provided promptly (so as not to delay the designer’s work). The designer will be fully protected should it destroy or damage any of these materials.
This contract deals with the issue of a license to the client for use and display of the site’s content and links further license periods to payment of the necessary fees. The designer will be credited on the site for the design work and will be indemnified by the client for the results of any breach of contract by the client.
The designer is permitted to use its own methodology in providing the services. It may make changes to the specification for safety, security and statutory reasons and retain copyright in content it provides. The designer’s independent status is preserved. Further additional design work or services of any type are reserved for the designer to perform and additional fees will be chargeable.
Protection is given in respect of taxes imposed and cost caused by slow or poor client responses. Interest for late payment is chargeable and the website designer is indemnified against any necessary costs of collection.
Intellectual property rights in materials and software that may be provided by the designer are protected as is the designer against client caused breaches of third party intellectual property rights (for example where the client sends material to the designer that is subject to someone else's copyright).
All confidential information is protected in the agreement, as is the designer against poaching of the designer’s staff by the client.
The designer makes its own warranties as regards use of reasonable skill and care but not in respect of third party services. The designer is extensively protected against liabilities. Amongst other things, indirect and consequential losses are excluded as are many types of business losses (including that caused by data loss). There are other exclusions and ultimately a finite cap on payment of damages due to the designer’s fault (subject to statutory restrictions).
The Web Design Contract’s termination provisions are extensive and cover breach of contract and other business problems of the client that may impact on the designer or the provision of services. The designer’s fees are protected on termination of the contract.
The parties are protected where performance becomes impossible due to external events. Mediation provisions are included.
Short Summary
Contract for use by a designer that may be providing design, page-building, uploading and maintenance.
Prices from £300+vat
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If you wish to purchase the template, or discuss other needs in the fields of information technology and e-commerce law, please contact James May on 01273 236236 or email contracts@lawspeed.com. Lawspeed provides top level advice on all your contractual needs whether in technology or any other business sphere.
If tailoring or negotiation becomes necessary then this will incur further costs on an hourly basis.
If you are not able to present your own contractual agreement then we will be able to provide a 'Health Check' of the proposed terms and negotiate changes where appropriate in relation to commercial risk, liabilities, and intellectual property rights implications.
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