Website Development Agreement Checklist

1 Jul 2019 12 min read

SHARE

As a customer-focused company with clients all over the world, we have found that we do our best
work when we provide our clients with detailed plans and agreements.

Among these is a website development agreement that spells out the scope of the work, responsibilities
on both sides and confidentiality issues. A website development agreement ensures that everyone’s
working toward the same goal, which is to create a website that anchors your branding and drives your
profitability. In simple terms, it means we’ve got your back.

A Website Development Agreement Is Your Best

Protection
A website development agreement is our way of ensuring that you’re protected from potentially costly,
time-consuming problems every time you work with us.

We’ve successfully used website development agreements with many clients. Our clients appreciate
knowing that:

 Both sides are on the same schedule regarding progress and milestones.

 Questions about ownership, intellectual property, and work product are clearly answered.

 There is mutual respect for confidentiality and noncompete clauses.

 There is a lower chance of misunderstandings, confusion, and disputes.

A website development agreement works for us and it works for our clients. We include this agreement
on every new project.

What Is a Website Development Agreement?

Sometimes called a web design contract, web site contract, web site development agreement or a
freelance web design contract, this could be one of the most important documents you sign when you
hire a software company.
This document answers the many questions that always crop up in the middle of a website
development project. With this agreement, both sides know up front:

 What is the scope of the work going to be?

 Who’s retaining rights to the code, intellectual property, and graphics?

 Who will perform the testing?

 What are the expected milestones of the project?

 When and how will payments be made?

In this article, we explain how a development agreement is your best protection on any contract, and
offer a Website Development Agreement Checklist to ensure that your agreement covers the most
important issues.

Why You Need a Solid Website Development Agreement

As an independent software design and development company, we work hard to get contracts, to foster
strong working relationships and to delight our clients with a website’s functionality, design, and visual
appeal.
We want our clients to be fully confident that we’ll deliver what we promise. That’s why we put our
promises in writing.

Prevent Problems

Misunderstandings can cause problems even on the best projects. We’ve seen up close how work can
get bogged down by disagreements about:

 Project milestones.

 Copyright and ownership issues.

 Payment plans.

Our website development agreement addresses those concerns and gives you peace of mind.

Protect Your Privacy

We take your concerns about confidentiality, work product, noncompete clauses, and other matters
seriously.

Every time you sign on with a website development company or hire a freelancer, you should ask for a
well-crafted agreement that includes strong confidentiality clauses.

We provide these on every agreement.

Protect Your Product and Design

Don’t let misunderstandings about ownership and copyright disrupt your project. Our website
development agreement covers these issues to give you confidence that you’ll be able to use the
product freely and without restrictions.

With our agreement, you’ll find that every project runs smoothly. At the same time, you retain better
control of your work life and your work product.

Protect Your Legal Rights

We know that you prefer to focus on the marketing and development sides of your business. Putting
together a legal document just seems like more time-consuming paperwork.

We understand that. As a web design and development company, we prefer focusing on the creative
aspects of our work. Our website development agreement was created by a Lexidy law firm that is
dynamic, digitally focused and involved in the global information marketplace.

Our website development agreement complies with international law and is applicable to any project.
You can be confident that your rights will be protected in any legal jurisdiction.

What Should Be In a Good Website Development

Agreement
We’ve come up with a checklist that shows how our agreement covers you on every aspect of the
project.

No development agreement can cover everything that might come up, but our checklist does a good
job of including the major ones that can make or break a good working relationship.

Our 10-Point Website Development Agreement Checklist

Before you sign a website development agreement, make sure it covers the main points in our
checklist. If it covers these 10 key subjects, you’ll be in a great starting position on most projects.

1. Specifications
You and the design company need to determine if work will be delivered as a fixed specification or as
modular development.

Modular development or agile development means producing small amounts of work more quickly. A
fixed specification usually refers to a design that is almost final.

You need to clarify:

 The scope of the project

 The expectation from the final product or result

 What are the milestones for progress?

 What is a realistic schedule for completion?

2. Progress Updates and Communication

Make sure you and the website development company agree on the following:

 When do you expect a progress update?

 When and where will these updates take place?

 What happens if the client causes a delay?

 Actions in case of the software developer does not meet the progress deadline?

 What will you expect to see at each update?

3. Client’s Obligations
Many clients ask for specific trademarks, logos, photographs, or graphics on their websites. If you’re
asking a software company to use them, make sure you own the copyrights or have permission to use
them.

If you ask the website development company to use a third-party software, do you have a licensing
agreement for it?

Copyright and licensing problems can be a time-consuming and expensive legal nightmare. Avoid
them with a well-written development agreement.

4. Website Designer’s Obligations

Website development companies appreciate clearly worded specifications. The best way to avoid
misunderstandings is by setting out clear expectations. You need to convey:

 The exact scope and size of the project.

 The tangible products that you expect to see at the completion of the project.

 How much ongoing support you expect to receive.

 The level and frequency of updates that you need.

In addition, you should address these questions:

 Will the web development company provide training, manuals and tech support for you and
your employees?

 Who is responsible for updates and changes?

 How long is the warranty and what does it cover?

 What is the extent of repairs or upgrades during the warranty period?

5. Payment Schedule
Payment issues can be thorny in any working relationship. The best approach is to get everything in
writing before difficulties crop up.This section should spell out:

 When is the first payment to be made?

 What is the payment schedule for work as it progresses?

 Under what conditions can you withhold payment?

 What is the estimated total price?

 When should final payment be made?

6. Intellectual Property
Many clients assume that they own the work product we create. Legally, that’s up to the terms of your
agreement. Intellectual property law is complicated. Avoid getting into a dispute over this issue with a
clearly worded agreement.
Our website development agreement addresses ownership, intellectual property and usage laws that
govern website development. We consider the following:

 Who owns the artwork and the website design?

 If we create code for the project, who owns the code?

 Are there limits to where and how you can use the product?

 Does either side intend to use third-party or open-source software?

 Are we transferring ownership of any product to you?

7. Support and Maintenance

Clients and software companies often overlook this aspect of a project. It’s an issue that can create
unnecessary misunderstandings, so make sure you get it in writing.
  What level of support does the website development company offer?

 Who is responsible for maintenance of the website?

 When will updates take place, and who is responsible for making them?

8. Confidentiality and Noncompete Agreement

Always discuss issues of confidentiality before you begin working on a project. Working on a new
website sometimes means that the website development company has access to sensitive information.

 Will the website development company be able to talk about the project, or do you need
confidentiality?

 Will the website development company have permission to use your name in your marketing
materials?

 What information about your business do you need to be kept strictly private?

 What are the penalties for violations of your confidentiality?

This part of the agreement should also include a noncompete clause. This means that you won’t try to
hire each other’s workers. Most non-compete agreements have a time limit of six months to a year.

9. Recordings
To avoid misunderstandings, some companies regularly take audio and video recordings of all
negotiations including client meetings, telephone conversations, client instructions and requests for
changes.It’s usually done to make sure we understand your instructions clearly. We also go back and
replay these recordings throughout the project. We want to make sure that even the tiniest detail does
not get overlooked. Recording this data prevents misunderstandings and ensures your complete
satisfaction with the finished product.

10. Force Majeure Clause

In legal terminology, this term means any unforeseeable accident that makes it impossible to fulfill a
contract.The term comes from the French for “major force.” Usually, it refers to extreme events like
war, crime, riots, and natural disasters. In some contracts, these are called “acts of God.” This clause
frees both sides from any liability for failing to complete the contract.

Our Website Development Agreement Protects Your

Business
Your business is all about creativity, innovation and developing great solutions for your customers. So
is ours.

Our website development agreement is our written assurance that we’ll perform the job you hire us to
do with minimum downtime, disputes or disagreements.

With a solid website development agreement, both of us can focus on the things we enjoy. Contact us
today to learn more about our creative, customer-focused solutions for your business.

Get a Custom Solution with Web Design Sun

At Web Design Sun, we specialize in building web applications for clients in every business and
industry. If you’re interested in custom applications for your business, contact us today.
CONTACT US TODAY TO GET STARTED

 #Agreement

More From Blog

 Technology
Mobile-First Indexing in 2021: A Complete Guide
22 Mar 2021 19 min read
 Client Guides
Major SEO Trends in 2017
27 Jan 2017 9 min read
 Coding
GitLab Installation Tutorial (Part3)
12 Apr 2016 4 min read

Services

 Software Development
 Web Development
 Mobile App Development
 Web Design
 IT Consulting
 Website Maintenance

Company

 Case Studies
 About Us
 Our Team
 Careers
 Insights
 Terms Of Use

Contact Us

Phone:
USA
+1 646 583 1643
UK
+44 20 8144 6481
Australia
+61 2 8006 2492

Email:
contact@webdesignsun.com

Skype:
contact-now

Fully Remote Team with office in NYC:

USA, NYC, 477 Madison Avenue, Manhattan, 10022

Ready to Launch?
Get Started!

© 2012-2024 All Right Reserved Web Design Sun®

We use cookies to improve website navigation, analyze visitor data and improve the user
experience. Please click “I accept cookies” to approve use of all cookies. For more
information, please see the cookies section of our Privacy Policy.