Steps for a web project (The Contract) [Part II]

Disclaimer: My advice is to find an attorney to create a contact. I am not an attorney nor am I trying to provide ANY legal advice. This is just information I want to share from my experience.

My Basic Contract Checklist

• Extent of Work to be completed
  Specify exactly what is and is not included the main contract. Additionally, stipulate what you charge for the additional work that the scope of main contract does not cover.


• Scope Creep, generally considered a negative occurrence that is to be avoided. Scope Creep in project management refers to uncontrolled changes in a project's scope. This trend can occur when the scope of a project is not properly defined, documented, or controlled.
  
• Client Amendments and Revisions
  One of the most common misjudgments inexperienced freelancer designers make is not requiring a limit of the number of changes the client is allowed to request.


• Handling Client Delays
  The wait for a client to provide content can be one of the most disturbing aspects of any project. Your contract should deal with the issue of what will happen if the client delays. One approach is to specify any timelines are contingent on receiving the material from the client.
  
  
  
  • Example:
    The project shall be completed and online within 45 days of the client agreeing with design concept, receipt of all content, and Client’s participation.


• Legal Clauses
  Legal type clauses such as Limitation of Liability gives you the chance to limit the amount of risk and liability that can occur with the project.
  
  
  
  • Limited Liability
    A standard limitation in your contract should be the exclusion of resulting damages. Damages or losses can occur from the act of one of the parties. In the lack of such a phrase, your financial liability can be substantial.
    
    
    
    • Example
      Web Designer will not be liable to the client, or to anyone who may claim any right due to a relationship with the client, for any acts of omissions in the performance of services under the terms of the Agreement or on the part of employees or agents of Web Designer unless such acts or omissions are due to willful misconduct. Client will indemnify and hold Web Designer free and harmless from any obligations, costs, claims, judgments, attorney's fees, and attachments arising from, growing out of, or in any way connected with the services rendered to client under the terms of this Agreement, unless Web Designer is judged by a court of competent jurisdiction to be guilty of willful misconduct.
  
  
  • Copyright Assignment
    Whether or not to transfer copyright to the client is probably the most controversial subject among Web professionals. It will aid you to understand how the copyright laws work.
    
    
    
    • If the client is paying you, they will likely assume they own the web site once it is paid for. Your client may be taken aback when they find out they do not own all the web site copyrights. Some clients require you add a clause to assign them full ownership of the web site.
    
    
    • If you decide to assign ownership to the client, then you, as the copyright owner, must specifically transfer ownership to the other party in writing. Be very clear which portions you are transferring and which you are not.
      
      
      
      • Example:
        Any and all graphic and HTML layouts and supporting navigational icons completed by Web Designer for the client's web site shall be considered "Work For Hire" and will be the sole property of the client. Any scripts or programs shall remain the property of Web Designer, and the client shall have “Inclusive User Rights.”
    
    
    • Description of “Work For Hire”
      As default, contractors own their work. If a written agreement with a contractor sets forth that the work is “Work For Hire,” then the person paying for the work in most cases will own the work.
    
    
    • Description of “Inclusive User Rights”
      A client on a limited basis can use services and copyrighted material. Client cannot delegate user rights to another without written authorization by owner of property and/or services.


• Client and/or Third Party Page Modifications
  Be sure your contract states that you are not responsible to repair any damage done to the site by the client or any other party if they attempt to modify it (at least, not for free).


• Maintenance and Technical Support
  Limit the time the client can requests maintenance and technical support, like two weeks after launch. Unless you enjoy repeated calls from clients who have forgotten their passwords, again.


• Payment Terms
  You do not want to be vague about when and how often you will get paid. A percentage up front (down payment) and the balance on or near completion date are standard practices.