Web Design Contracts

If you have ever hired a Web designer/developer or other type of independent contractor, or if you have done work as a freelance designer/developer then chances are you have had to sign a contract. In this post I want to briefly go over the most important clauses that need to be included in a Web design contract between a client and an independent contractor.

• Warranties and Indemnification: The designer needs to warrant (promise) that any of the content or other page elements that he/she designs will not infringe on any copyright laws. In return, the client needs to assure that any content he/she gives to the designer for placement in the site doesn't infringe on any copyrights as well.
  
• Payment Terms: The designer should describe how he/she will bill the client for services, as well as how any defaults will be dealt with. Personally, I also put in a Late Payment clause in my contracts.
• Limitation of Liability: If something were to go wrong with the Web site, the designer can limit his/her responsibility to the client. This clause should make clear that the designer won't be liable for any damages (such as a lawsuit brought by a 3rd party). And, the designer's total liability should not be more than the total amount of the project.

There will be many other clauses to put in the contract that will also be important, but you should especially look out for the 3 I mentioned above if you decide to have someone else (like a lawyer if you can afford it) draft it or buy one. I know that all this legal stuff may be confusing, but it's important to understand what you might be getting into if anything ever goes wrong.

A great place to start if you are looking for contracts is the Nolo Web site
I also found a great book if you are interested in copyright law: Legal Guide to Web & Software Development by Attorney Stephen Fishman

Disclaimer: please note that I am not a lawyer. If you have any concerns about the issues mentioned in this post, then please contact a lawyer. By providing the link above, I do not guarantee, approve, or endorse the information or products available at the site, nor does a link indicate any association by the linked site to myself.