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Web Development Contract

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Description

Web Development
Contract
Prepared for:
Company name
Prepared by:
Second party name

Web Development Contract
This Web Development Contract (hereinafter referred to as “Contract”) is made and entered onDate (hereinafter referred to as “Effective Date”)
 
By and Between
 
Second party name (hereinafter referred to as “Developer”), having its principal place of business at Second party address , and;
 
Company name (hereinafter referred to as “Client”), having its principal place of business at Company address
 
Both the Developer and the Client shall be collectively referred to as “Parties” and individually as “Party”.
 
WHEREAS the Developer agrees to engage with the Client to design and develop a website as per the Client’s requirements (hereinafter referred to as the “Project”).
 
AND WHEREAS the Client wishes to avail the services from the Developer as an independent contractor for the sole purpose of designing the website contained within this Contract.
 
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein the Parties hereby agree as follows:

Terms and Conditions

1. Project Description
The project will incorporate several web development services. The Developer shall comply and fulfill the services as agreed between the Parties. Services include which are not limited to:
 
  • Designing the Company’s Website;
  • Highlighting the brand of Company on Website;
  • Maintaining the web services;
  • Service description

2. Scope of Work
The Client owns and operates a website located at the URL [website URL]. Pursuant to the terms and conditions of this Contract, the Developer will provide a collection of tools and services to manage and operate a version of the main site that is branded with the Client’s name. The Developer shall ensure the site is live by Proposal Date The Client will provide the Developer access to the site, as per the terms and conditions set forth in this Contract. [Add more]

3. Developer’s Responsibilities
The Developer agrees to render the following responsibilities:
  • Development of the website inclusive of all details that are included in this Contract;
  • Test and make sure the website is functioning properly;
  • Support with the installation and maintenance of the website, also help with the user guide and credentials in order to initiate the development;
  • Return any and all code, databases, software, models, and documents pertaining to this Contract to the Client within [Number of days] days upon completion or termination of the Project;
  • [Add more such responsibilities];

4. Client’s Responsibilities
The Client agrees to render the following responsibilities:
  • Provide all the necessary information, resources, source codes, and initial payment that might be necessary for the Developer to initiate work;
  • Address the queries of the Developer without delay;
  • [Add more such responsibilities];

5. Intellectual Property Rights
The Client acknowledges that the Developer will have the ownership of any text, codes, trademarks and other proprietary information included in the webpage until the Client has made the final payment. Upon paying the Developer for its services and deliverables, the Client will retain exclusive interest and rightful ownership of the intellectual property developed by the Developer for the webpage.

6. Website Support Period
The Developer agrees to provide constant vigilance and support for the website for [Time Period] after its approval. The support period should address any sort of bugs, glitches, defects, or changes which pertain to the features of the website. The Developer shall not create any extra functionality for the website unless specified. The cost of the support period is included in the entire cost of the Project. If the support period is over and the Client requires additional browser testing and modifications, an additional sum of $[0.00] be charged.

7. Confidentiality
The Parties to this Contract agree that each Party shall treat private information such as codes, roadmaps, blueprints, and strategies, that may be provided by either Party during the term of this Contract as strictly confidential. All such confidential information exchanged between the Parties, shall be used solely for the purposes of rendering services pursuant to this Contract and, shall not be disclosed to any third party without the prior written consent of either party.

8. Term
This Contract shall become effective as on the Effective Date and will continue until all services are completed and approved by the Client. The Contract shall remain in effect for a period of [Time Period] and will be terminated on decided termination date End date unless otherwise terminated before the completion of the term due to the breach of any of the terms of the Contract.

9. Termination
This Contract shall be terminated if:
 
  • The Developer fails to fulfil all the services to the Client as mentioned in the Contract;
  • Either Party breaches any clause of the Contract;
  • There is a mutual understanding to end the Contract by the Parties involved;
  • [Add any other condition]

10. Deliverables
The Client has appointed the Developer to perform the services pertaining to the development of the website as described below:
  • The Developer agrees to conduct weekly meetings with the Client to establish the project’s current status;
  • The Developer agrees to provide all project files, user guides, and application credentials to the Client upon completion of this website development Contract;
  • [Add more such deliverables]

11. Timing
The Developer is bound to work effectively on working days that is [Number of days] days a week and for [Number of hours] hours each day, until the completion of services that is End date

12. Payment
The cost of the entire Project shall be invoiced by the Developer within [Time Period] of completion of the Project. The payment shall not remain due to the Developer for more than [Time Period]. The initial payment to be made for essential resources as agreed upon is $[Amount ($) (in number) he mode of payment shall be Payment method or any other mode as agreed by the Parties.

13. Relationship of Parties
The Developer, in the performance of this Contract, shall act in the capacity of an independent contractor and not as a partner, agent, or employee, of the Client.

14. Representations and Warranties
The Developer shall conduct the services in accordance with the laws of State/City The  Developer shall acquire all necessary permits, licenses, and regular records required for the rendering of such services. It shall also be obligated to monitor the services as per the support period outlined herein the Contract. Also, the Developer warrants to produce the best quality work, under the effective timeline, to the Client.

15. Indemnification
The Client agrees to indemnify and hold harmless the Developer, its respective affiliates, employees, and permitted successors and assigns against any losses, claims, damages, penalties, liabilities, punitive damages, expenses, reasonable legal fees of whatsoever kind or amount, which result from the negligence of or breach of this Contract even after the services have been rendered.

16. Arbitration
In the event of any dispute arising in and out of this Contract between the Parties, it shall be resolved by Arbitration. There shall be [Number of Arbitrators] Arbitrators which shall be appointed by [Party Name]. The venue of Arbitration shall be [Venue/Location of Arbitration] and Seat shall be ofState/City . The Arbitrators’ decision shall be final and will be binding on both the Parties.

17. Miscellaneous
  • Force Majeure: Neither Party shall be liable for any failure in performance of the obligation under this Contract due to cause beyond that party’s reasonable control (including and not limited to a pandemic, fire, strike, act or order of public authority, and other acts of God) during the pendency of such event.
  • Severability: In the event, any provision of this Contract is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Contract and all other provisions should continue in full force and effect as valid and enforceable.
  • Modification: No modification of this Contract shall be made unless in writing, signed by both Parties.
  • Governing Law: The Parties agree that this Contract shall be governed by the laws of State/City . In the event the Parties do business in different states, this Contract shall be governed by the laws of State/City .
  • Legal and Binding Contract: The Contract is considered legally binding and may be enforced in a court of law. The services performed will be done in a legally and professionally fair manner and as such shall not violate any local or federal laws and regulations.
  • Entire Agreement: This Contract is all-inclusive and no other contract, oral or written exists between the two parties signing this Contract. By signing this Contract, you agree to have fully understood this Contract, you are legally competent and authorized to enter this Contract and you have signed this Contract on your ‘own free will’ and no undue influence or misinterpretation of facts and clauses.

Acceptance and Signature
The Parties hereby approve the services and rates listed above and agree to respect and uphold full terms of this Contract.
Second party name
 
Company name

Signature
Assign signer 1
Name
Assign signer 1
Date
Assign signer 1
Signature
Assign signer 2
Name
Assign signer 2
Date
Assign signer 2

How does a web development contract help web developers?

A web development contract is a binding agreement between a web developer and their client. It becomes legally enforceable under the governing laws of a state, (such as the United States) when duly signed by both parties.

This contract outlines the web development services, the relationship between the web developer and client, confidentiality obligations, and other important applicable laws of the state like severability, cancellation and termination clauses, etc. It acts as a shield to avoid sketchy situations with the client.

Please note that web development contracts and web design contracts are often used interchangeably or even together to define the complete services of the agency. Web developers also often refer to their contracts as a “contract killer” or an open-source contract. This is because they usually prefer keeping a wiggle room for further negotiations and amendments.

Without any legal documentation in place, here are some of the possible nightmares which can come up in a web developer’s life.

  • The client may add excess elements in the scope of the project and expect you to execute the same
  • The client may not be happy with your website construction and request further browser testing even if the delivery date is coming close, causing unfavorable circumstances between the parties
  • The client discredits your fees and payment terms
  • The client sues you and holds you liable for the website not gaining exposure and leading to a loss of revenue
  • The client misuses your proprietary information that you utilized in building the website

Establishing a web development contract will help you prevent such tricky situations that can turn into lawsuits. It will essentially ensure that the undertakings and responsibilities between both parties are crystal clear.

You may consult an attorney to get legal advice regarding a website development contract. Or, you can alternatively use a document management software that provides pre-formatted legally vetted contract and agreement templates.

What provisions will a web development contract consist of?

The use of uncomplicated language with minimal technical jargon can help in fast-tracking the contract acceptance process for web developers. For instance, the terms and conditions provided by AIGA (American Institute of Graphic Arts) may become overwhelming. So, the web developers or designers are considered responsible to verbally explain the subject matter to the client accurately. Using simple language can help avoid these hassles and prevent confusion to a great extent.

Here are some primary legal terms used in a web development contract:

  • Scope of work: The scope of work provides the exact details of the key responsibility areas of a website developer, consented to by the client. This acts as a guide to avoid defaults in performance. It is very important to make this section detailed to avoid loopholes. Thus, anything outside of the pre-defined scope of work, would not be your responsibility to adhere to.
  • Timing: Here you declare your operative hours and mention the number of tentative business days needed to provide the final website.
  • Payment: Payments are crucial to enhance the revenue of your business. Ensure there is no ambiguity in this section. Define a payment schedule and include the accepted payment modes, hourly rates, and your charges for excess modifications to the deliverables.
  • Intellectual property rights: This section is like your guardian angel. It prevents your client from gaining ownership of your creations until you consent to it. Usually, freelancers or solopreneurs do not let the client gain any authorization on its deliverables until the full payment is made for the availed services.
  • Relationship of parties: If you don’t want any uncertainty regarding the alliance you have with your client, it’s best to put this clause in place. Here it is defined that the web developer is an independent contractor and will not form an employee-employer relationship or partnership with the client.
  • Confidential information: During the tenure of the contract, there shall be an exchange of trade secrets, know-how, records, roadmaps, and other private information that needs to be kept discrete. This section shall ensure that no such confidential information is leaked to third parties.
  • Indemnification: After the services are rendered, a customer may claim the information on the website as deceiving. Ethically you cannot be blamed for the contents in the website as the client has given their final approval for the same. Thus, your client needs to indemnify and hold you harmless against any website concerns. This shall save you from liabilities as a service provider.
  • Term: The term defines the effective date and termination date so that both parties are clear about the expected time period of this business association.
  • Arbitration: Here both parties shall agree to resolve any arising dispute in an amicable manner exclusively, following the laws of the court of competent jurisdiction in the state. The contract should also specify the way forward process in case no solution to the dispute is formed outside of court. Then consider stating the obligations of both parties in paying the attorney’s fees in the event of

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