These important web development contract clauses will protect
your business and ensure full understanding between the parties.
IP Ownership
Who owns the copyright to the work product? Can the developer
use the same template for other clients’ websites? Can the developer display
credit on the website?
Specifications and
Client Revisions
Outline the exact scope of work and the number of client
amends and revisions the developer is supposed to provide for free. To prevent
client delays and ensure prompt payment, it is a good practice to include
milestones with “sign offs” and payments at every stage, as well as penalties
for late payment.
Early Termination
Sometimes the parties have wrong expectations and the work
does not progress smoothly. It is important to outline on what terms can the
parties get out of the contract early and how much is to be paid for work
completed.
Limitation of
Liability
Lawyer representing a developer should negotiate limitation of
liability, disclaimer of warranty clauses, and state that the work product is
provided “as is” and is not guaranteed to be completely error-free. Lawyer
drafting a contract on behalf of the client would avoid or downplay those clauses.
Indemnification
Developer must be protected from liability for materials
provided by client. This often arises in the context of client-provided photos
that later turn out to be somebody else’s.
Maintenance and Site
Modifications
Lawyer working for the developer should make sure the contract
states that maintenance/tech support or site modifications after the work is
completed are not included in the scope of work and will be billed extra.
Binding Arbitration
Often, the developer and client are in different states or
countries, so it’s important to prevent getting sued in a far-off jurisdiction
and ensure that all disputes are resolved quickly, inexpensively and
confidentially in your hometown or close by.
