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The internet’s explosive growth has brought with it an increased demand for skilled web designers and developers. These professionals are tasked with creating new websites, updating outdated scripts, and managing the online assets of businesses worldwide.
However, for web designers, the lifecycle of a web design project often comes with challenges—unrealistic timelines, scope creep, unending client revisions, and unclear responsibilities can turn an erstwhile interesting project the web designer was happy to take on into a frustrating experience. The best way to avoid these pitfalls? A well-drafted Web Design Contract.
If you’re a freelance web designer or part of a design agency, you’ve likely faced issues like:
Clients asking for additional features that parties did not originally agree upon or negotiate into the fees.
Where parties decide on first drafting and signing a Web Design Contract that carefully outlines each party’s obligations and rights, together with other aspects of the project, such a Web Design Contract will ensure clear expectations, protects both parties’ interests, and provides a roadmap for the project. Here are the key elements every web design agreement should cover.
In every contract, it is very important that parties should clearly outline the project deliverables. As such you should specify:
By defining the scope, you minimize misunderstandings and keep the project on track. Should the client try to push deliverables that are outside the scope of the project, the contract is there to remind everyone of the scope originally agreed upon; if they want to extend it, it is pertinent at that point for parties to renegotiate terms.
In the contract, it is important for the parties to define who will provide the website’s content and visuals. In cases where this is not specified, the web designer may be expecting the client to [naturally] provide the content for their brand but the client will kick back to argue that it is the designer’s job – isn’t that why he was hired in the first place? To avoid such arguments, parties should define:
If these tasks are outsourced or included in your services, document it clearly to avoid confusion and potential conflicts with the client.
Depending on the client’s requirements, your work might involve premium tools and functionalities. If your work does involve premium tools (e.g., plugins, expensive premium WordPress themes, or analytics software), it is important to indicate:
Before commencing work on a web design project, parties – especially the designer – should establish a very clear payment structure which the parties should agree to before the commencement of the project.
In the web design contract, it is important to exclude additional costs for domain registration, hosting, and SSL certificates unless parties explicitly agreed upon same.
Set realistic deadlines for client feedback. For example:
Clearly outlining the review and approval timelines will surely prevent endless delays caused by clients failing to provide timely input. Furthermore, limiting the scope of reviews to the precise agreement between the client and the designer can help keep the project on track should the client pivot and demand extensive revisions or changes not defined within the scope of the parties’ web design contract.
Clients often request additional work during the project—this is known as scope creep. Examples include:
To manage incidences of scope creep that may arise during the contract, this, include:
Websites are not just built and then abandoned. They require constant monitoring, updates and ongoing maintenance to prevent the site breaking apart. Will you provide ongoing maintenance after the project is completed? Conversely, is the project a one-off and you are required to hand over the project to the client without additional services for the future? In your web design contract, it is important to specify:
Many clients may have just a broad idea of what they want their project to be and look like. It is simple for them to ideate; however, when the project gets underway and takes shape, they may start requesting changes and revisions which you did not anticipate within the scope of your contract. It is thus valuable to avoid endless revisions by:
This encourages clients to organize their feedback and ensures you stay within budgeted hours.
Define ownership rights for deliverables. For instance, where a foremost business services consulting company in Nigeria engages a web designer to develop a website for their company brand:
If the client provides content or graphics, clarify their responsibility for ensuring these materials are copyright-compliant. Include:
Anticipate potential breaches and their consequences. For example:
Web design contracts are, in many instances, undertaken across jurisdictions. A Ukrainian resident may engage the services of a New Delhi-based web designer for their web design project. Such cross-border work already crosses different legal jurisdictions. To avoid arguments over jurisdiction should disputes arise, it is important to specify how disputes will be handled:
Choosing a jurisdiction and a dispute resolution mechanism that won’t unduely stress both parties simplifies legal processes, especially when working with international clients.
It is always advisable for designers to involve international contracting specialists before commencing any web design project. We do not advise any party to rely on verbal agreements or vague terms before they commence a project – consult a contracts lawyer to create a professional agreement tailored to your needs which will clearly spell out the needs of the client, the scope of work, among others.
Need assistance drafting or reviewing your web design contract? At Kabbiz Legal & Advisory, we have international contract specialists who can help web designers and agencies protect their work, avoid disputes, and focus on growing their business. Should you require assistance with drafting or reviewing your web design contract, please reach out to us at corporateservices@kabbizlegal.com and someone from our corporate & commercial law department will be happy to assist you.
This Article was written as a thought leadership post for Kabbiz Legal’s International Contracts practice group.