Key Elements Every Web Design Contract Should Include 

Web Design has increased in recent years, with businesses and brands expanding online across borders.

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 These professionals are tasked with creating new websites, updating outdated scripts, and managing the online assets of businesses worldwide.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.

Why Every Web Designer Needs a 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.

• Delays caused by clients failing to review or approve deliverables.
• Disputes over payment terms or project scope.
• Disputes over IP ownership even if the client did not provide any of the content or placeholder images used to brand the project.

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.

Scope of Work

In every contract, it is very important that parties should clearly outline the project deliverables. As such you should specify:

1. The platform or tools you’ll use (e.g., WordPress, custom coding, or frameworks like React).
2. The exact features of the website (e.g., 10 static pages, a blog section, integrated analytics tools like Google Analytics, Jetpack or Monster Insights).

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.

Responsibilities for Content and Graphics

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:

• Written Content: Will the client deliver copy, or will you hire a content writer?  Will the designer – that is if the designer has content writing skills – provide the content?
• Graphics: Who will provide logos, images, videos, and brand assets?  If the designer is expected to provide the company’s brand assets then it is very important to state these and outline these requirements in the contract to avoid future confrontations on that.

If these tasks are outsourced or included in your services, document it clearly to avoid confusion and potential conflicts with the client.

Tools and Software

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:

1. The associated costs.
2. Whether the client will purchase these tools directly or if it’s included in your invoice.

Payment Terms

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.

1. Standard industry practice is a 50%-75% upfront fee, with the balance due upon completion but before the designer hands over the login details to the client.
2. Include payment schedules, milestones, and penalties for late payments.

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.

Review and Approval Timelines

Set realistic deadlines for client feedback. For example:

1. Clients must review and approve designs within five business days of submission.
2. If client requires extensive revision that differs from the original scope of the contract, what happens? Will you go on to provide those extensive revisions without additional pay or will the client be required to provide additional pay for this?

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.

Handling Scope Creep

Clients often request additional work during the project—this is known as scope creep. Examples include:

1. Adding SEO services (e.g., meta tags, keyword research).
2. Revising client-provided content and optimizing for the Search Engines.

To manage incidences of scope creep that may arise during the contract, this, include:

1. A clause specifying how additional requests will be billed.
2. A process for modifying the project scope, ensuring that the client compensates you adequately and fairly for extra work.

Maintenance and Updates

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:

1. The duration of free maintenance (if offered).
2. Rates for post-project updates or fixes.

Revisions Policy

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:

1. Stating the number of revisions included in the contract.
2. Charging for additional revisions beyond the agreed limit.

This encourages clients to organize their feedback and ensures you stay within budgeted hours.

Ownership of Work

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:

• Will the client fully own the website design once payment is complete?
• Are any parts of the project (e.g., custom code or templates) licensed rather than sold outright?  These should be specified so the client is sure of what they are getting and what they’re not. This prevents disputes over intellectual property after the project ends.

Copyright and Legal Compliance

If the client provides content or graphics, clarify their responsibility for ensuring these materials are copyright-compliant. Include:

1. A clause stating you’re not liable for infringement caused by client-provided assets.
2. An indemnity provision to protect yourself from legal risks.

Breach of Contract

Anticipate potential breaches and their consequences. For example:

• If the client fails to provide required materials by a deadline, how will the delay affect timelines?
• If you cannot meet agreed deliverables, what remedies will you provide?

Dispute Resolution and Legal Jurisdiction over Web Design Disputes

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:

1. Arbitration, mediation, or litigation?
2. If parties opt for arbitration, what Arbitral Body will they submit the dispute to?
3. Which country or state’s laws govern the contract?

Choosing a jurisdiction  and a dispute resolution mechanism that won’t unduely stress both parties simplifies legal processes, especially when working with international clients.

Final Thoughts: Always Get Legal Help before commencing a web design project

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.

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