What's a Web Design Contract?
A web design contract is a legally binding agreement between a client and designer. It contains pricing, scope of the design work, timeline of deliverables (like wireframes or final design elements), payment schedule, intellectual property rights, and other legal terms.
Both the client and designer must sign the document for it to be considered legally binding.
How to Create a Web Design Contract
One of the biggest mistakes freelance web designers make, is taking on new clients without signing a contract.
Usually, designers will make one of the following excuses when doing this:
"It's a small project, I don't need a contract for this."
"I don't want to scare this client away with a contract."
"I trust this person."
"I've never had a problem that needed a contract."
"A contract is too formal for this project."
The list goes on and on.
The problem is that none of these reasons help, when inevitably, a problem regarding scope, payment, or some other detail comes up.
The reality is that with the right approach, and the right contract, you can easily protect yourself from all sorts of problems.
The Problem With Website Contract Templates
Why is it so hard to find a great web design contract online?
Seriously.
Have you ever searched for one?
Most of them contain pages and pages of legal jargon that no one can understand. Most people don't/can't even completely read them. How is anyone supposed to customize and use these contracts?
When you're busy focusing on the work, the last thing you want to do is waste time putting your own legal documents together.
That's why when we created our own template, we had these goals:
- It must cover the most common problem areas (scope, payment, ownership, and more).
- It has to be the easiest design contract to read, understand, and customize.
- It should be free.
If you've ever taken a look at the Terms and Conditions (T&C) made available by AIGA (or the Graphic Artist’s Guild), you'll feel instantly overwhelmed. Even the "Contract Killer" version, leaves a lot of holes and isn't the easiest thing to customize.
It's not a realistic option for most people that run a small business.
That's why we created two simple (and free) website sample contracts that you can download.
How to Put Your Contract Together
Building a good contract is easy to do once you have the right starting point.
Here's the easiest way to get started with your own design contract:
- Download the contract template we provide for free.
- Add your own information to the contract (because this doesn't change often).
- Read through and add, remove, customize the contract as necessary.
- Make sure you seek legal advice from a contract attorney.
- Get your contracts electronically signed for faster turnaround time.
One key tip when customizing your own contract: It's critical to nail down the scope of your project. This means you want to be specific about the number of web pages, whether you're working with a developer, helping with web site hosting, and which source files you'll include.
Simple Web Design Contract
This Website Design Agreement (the “Agreement”) is entered into ____________________ (the “Effective Date”) by and between ______________________ (the “Client”) located at ___________________________________ and _______________________ (the “Designer”) located at ______________________, also individually referred to as the “Party”, and collectively the “Parties”.
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Project Description. The Client wishes to hire the Designer to create a Website. The specific requirements and necessary details are as follows (the “Project”):
_______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________
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Cost & Payment. The Parties agree to the following Payment and Payment Terms:
TOTAL Project Cost: _____________________________________________________________________________
Initial Deposit (Due upon execution of the Agreement): _______________________
The remaining balance will be due upon the Designer’s completion and the Client’s acceptance of the Project.
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Revisions. The Client shall be entitled to ____ revisions. Any revisions beyond ____ shall be charged at a rate of $_______.
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Schedule. The Parties agree to the following schedule:
Preliminary Design Due: ________________________________
Client Review Due: ________________________________
Final Design Due: ________________________________
Client FINAL Review Due:* ________________________________
Final Website Due: ________________________________
*The Client’s Final review must include any and all comments, requests, revisions, etc. This review period is the Client’s last chance to make any changes.
The Designer will continue to be available to the Client for ______ [days/weeks/months (choose one)] after the termination of this Agreement to provide the Client with reasonable technical support and to correct any possible errors or deficiencies.
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Copyright Notice. A Copyright notice that states “©_________________________” will be displayed on the bottom of each page of your website.
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Confidentiality. During the course of this Agreement, it may be necessary for the Client to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to the Designer in order for the Designer to complete the Website in its final form. The Designer will not share any of this proprietary information at any time, even after the Agreement is fulfilled. The Designer also will not use any of this proprietary information for the Designer’s personal benefit at any time, even after the Agreement is fulfilled.
This provision shall remain in full force and effect even after the termination of this Agreement, either by natural termination or for cause.
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Ownership Rights. The Client continues to own any and all proprietary information it shares with the Designer during the term of this Agreement for the purposes of the Project. The Designer has no rights to this proprietary information and may not use it except to complete the Project. Upon completion of the Agreement, the Client will own the final website design.
While the Designer will customize the Client’s Website to the Client’s specifications, the Client recognizes that websites generally have a common structure and basis. The Designer continues to own any and all template designs it may have created prior to this Agreement. The Designer will further own any template designs it may create as a result of this Agreement.
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Assignment. The Parties may not assign their rights and/or obligations under this Agreement unless both Parties agree to the assignment in writing.
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Termination. Either Party may terminate the Agreement at any time by providing the other Party ____ days prior written notice.
The Client can terminate the Agreement by giving written notice: (a) if the Designer commits any material breach of this Agreement and fails to correct the breach within ten (10) days of notice of the breach; or (b) if there is any repeated failure by the Designer to execute the Project in an acceptable standard and to the reasonable satisfaction of the Client.
The Designer can terminate the Agreement by giving written notice: (a) if the Client fails to make the payments required and set forth in Sections 2 and 3 within five (5) days of notice of failure to make a payment; or (b) if the Client commits any other material, non-financial breach and fails to correct the breach within ten (10) days of notice of the breach.
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Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT, LOST BUSINESS, OR COSTS OF DELAY.
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Dispute Resolution.
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Choice of Law. The Parties agree that this Agreement shall be governed by the State and/or Country in which the duties of this Agreement are expected to take place. In the event that the duties of this Agreement are to take place in multiple States and/or Countries, this Agreement shall be governed by _____________________________ law.
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Negotiation. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation.
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Mediation or Binding Arbitration. In the event that a dispute cannot be resolved through good faith negotiation, the Parties agree to submit to binding mediation or arbitration.
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Attorney’s Fees. In the event of Arbitration and/or Mediation, the prevailing party will be entitled to its legal fees, including, but not limited to, its attorneys’ fees.
12. Severability. If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of the Agreement will still be enforceable.
13. Complete Contract. The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.
14. Notices
All notices under this Agreement must be sent by email with read receipt requested or certified or registered mail with return receipt requested. Notices shall be sent as follows:
Designer
________________________________
________________________________
________________________________
________________________________
Client
________________________________
________________________________
________________________________
________________________________
The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:
Designer
Signed: _____________________________________
Name: _____________________________________
Date: _____________________________________
Client
Signed: _____________________________________
Name: _____________________________________
Date: _____________________________________
Small Web Design Agreement
This Website Design Agreement (the “Agreement”) is entered into _____________ (the “Effective Date”), by and between _________________, with an address of ______________________________ (the “Client”) and _________________, with an address of _______________________________, (the “Designer”), collectively “the Parties.”
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Project Description. The Client wishes to hire the Designer to create a Website. The specific requirements and the details as stated by the Client are as follows:
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
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Schedule (Optional). The Parties agree to the following schedule:
Initial Design Date: ________________________
Client Comment/Approval Date: ________________________
Final Design Date: ________________________
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Revisions. Client shall be entitled to _____ revisions. Any revisions beyond _____ shall be chargeable at a rate of $_______.
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Payment. The Parties agree to the following Payment and Payment Terms:
Total Fee for Services: _______
Upfront Fee (Due Before Project Start Date): _______
Remaining Balance Due: _______
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Confidentiality. During the course of this Agreement, it may be necessary for the Client to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to the Designer in order for the Designer to complete the Website in its final form. The Designer will not share any of this proprietary information at any time, even after the Agreement is fulfilled. The Designer also will not use any of this proprietary information for his/her personal benefit at any time, even after the Agreement is fulfilled.
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Ownership Rights. The Client continues to own any and all proprietary information it shares with the Designer during the term of this Agreement for the purposes of the Project. The Designer has no rights to this proprietary information and may not use it except to complete the Project. Upon completion of the Agreement, the Client will own the final website design.
While the Designer will customize the Client’s Website to the Client’s specifications, the Client recognizes that websites generally have a common structure and basis. The Designer continues to own any and all template designs it may have created prior to this Agreement. The Designer will further own any template designs it may create as a result of this Agreement.
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Representations and Warranties.
Designer. The Designer represents and warrants that he/she has the right to enter into and perform this Agreement. The Designer further represents and warrants that he/she has the right to utilize and distribute the designs created for the Client and that such designs are not owned by anyone else to the Designer's knowledge. In the event that the Designer does not have these rights, the Designer will repay any associated damages the Client may experience or will take responsibility so that the Client does not experience any damages.
Client. The Client represents and warrants that it has the rights to use any proprietary information, including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, content, and the like that it may provide to the Designer to be included in this Website. In the event that the Client does not have these rights, the Client will repay any associated damages the Designer may experience or will take responsibility so that the Designer does not experience any damages.
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Disclaimer of Warranties. The Designer shall create a Website for the Client’s purposes and to the Client’s specifications. THE DESIGNER DOES NOT REPRESENT OR WARRANT THAT SAID WEBSITE WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. THE DESIGNER HAS NO RESPONSIBILITY TO THE CLIENT IF THE WEBSITE DOES NOT LEAD TO THE CLIENT’S DESIRED RESULT(S).
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Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY.
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Legal Fees. In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
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Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Agreement.
The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:
Designer
Signed: _____________________________________
Name: _____________________________________
Date: _____________________________________
Client
Signed: _____________________________________
Name: _____________________________________
Date: _____________________________________
