Website Developers: What you need in your client contract for web development
If you already build websites for clients, you are bound to have thought that there must be a simpler way to reach the desired outcome for both you and the client. One of the main concerns I see come up time and time again is that website developers find it hard to get the information required to create the website from their client, within the agreed timeframes. When you are relying on clients to provide photos, logos and copy, timings can start to slip and expectations from both sides can become problematic.
The best way to set expectations with your clients is to ensure you have a great format for a simple web development contract. In this article, I take a look at the core components of what you need in your client contract for web development.
Legal templates you can customise for your business needs:
Scoping
In my experience there are generally two types of web developers:
Those that just do the website build and don't offer ongoing maintenance; and
then there are those that build the website and then offer technical support, maintenance and hosting.
So, it's really important to be clear in your contract what you do and don’t offer so you can scope and price properly. A formalised Client Agreement is the way to do that and can be used as a reference point if there is any confusion arises throughout the process.
It is also important to be clear about what is not included in a website build. For example, you might want to clearly document and limit the number of revisions you offer as part of your service. That is an area that I’m sure you have experienced can blow out a project timeline. You will also want to specify how many pages are included, as well as the features in your design that are covered in your project price. In a Client Agreement you can document specifically if a project includes elements such as setting up specific forms or integrations.
It should also be clear to your client that, if they make changes to the website in the future that you as the developer need to do it. That being said, from a client perspective, I always think it’s best practice to be able to provide clients with the ability to make edits themselves such as add blogs and new pages to the site themselves. So including some training on how to make changes to the new site is something that can be included in your Client Agreement and scoped as part of your package.
Make clear what the client will provide
A client generally provides you with photos, video, logos, and the content to go on the webpages. Plus if it is an e-commerce site, the client would be expected to provide product info, website terms and policies, and possibly hosting, unless you offer that to your clients. As a website developer, you need to be clear what you do not provide and make it obvious that it is the clients responsibility to provide.
It is also important that your client is aware that when they provide you information, it is their responsibility to ensure the work is original and ownership belongs to them. For example, you need to know the client has not just gone to a competitors' website and taken information from them, or they have supplied you images that belong to someone else. So you want the client to give you an indemnity that if they have done the wrong thing and are caught, you won’t be liable for using someone else's intellectual property.
You also want to look at timelines for a client providing information to you. For example, you might like to specify in your Client Agreement that during the design process, the client has five days to look at the website and provide feedback, otherwise you will assume they are happy with it and move on to the next stage of the build. You might then take this further and consider having a clause along the lines of, “if the developers haven't heard from you within 15 days, you will terminate the contract”. This can help alleviate the problem of a project being delayed by the client for months on end.
While that is not the desired end to any working relationship, it can be necessary. One good way to keep a project on track is to pre-book milestone meetings with the client throughout the process. This can assist in helping them keep to the project timeline.
Getting paid
It is common for web developers to take 50% of their fee upfront as a deposit and not start work until the funds have hit their account. You as website developers have a bit of an advantage over other professionals in that you can keep the work on your servers until you have received all required funds. You have the ability to take the website down if your client has not settled their account and only when the full contracted amount is paid you can then hand over the admin rights for the website. But your agreement should make your payment expectations clear.
Mutual obligations and how to end work if things go bad
You as a developer can only build a website when your client gives you all the information you need. But if that doesn't happen, then there needs to be a clause in the contract to terminate the project and also to work out what is going to happen when it ends. For example, if your working relationship ends with the site half built, do you as the website developer keep it? Does the client forfeit their money or does the client get the half built website that someone else can finish building for them plus a partial refund?
The challenging part is that there is no real right or wrong answer to this. It is really down to what your preference is and the unique circumstances of the situation. This is where things can get messy. For example, if you hold the domain and have it on your servers arguably, you would be in possession of your client’s intellectual property. So it is really important to specify what happens in the case that their project ends for whatever reason.
Often your reputation can be at stake if you opt to completely shut down from coming to a reasonable solution. So coming to an agreement that ensures you are paid for the work done and the client is able to get a website live for their business, is key. Potentially you could have in your Client Agreement that you charge a fee for migrating assets to another developer, in any event. Set those expectations early.
What happens when a client changes their mind?
Often clients need to see a page of the website before they can properly visualise it and let you know what changes they want made. To make this process as streamlined as possible for all concerned, determine in your Client Agreement the number of revisions and the time limit you are prepared to give them to provide those revisions. As you may well know, some web developers offer a 30 day timeframe for the client to test the site once it's launched, to iron out any bugs or make any tweaks. Then after that time is up, any changes incur additional fees. Other developers will only migrate the site over to the client’s domain once the new site has been approved.
How you like to run your web development business is up to you. Documenting how it will occur in a formalised Client Agreement is the best way to ensure your clients can confirm they understand the details and expectations of the project and ensure a smooth process for all involved.
I hope these considerations for what to include in a web development contract have given you food for thought on how to ensure you are covered from a legal perspective and that your expectations are made clear throughout the website design process. If you need a Web Developer Client Agreement, you can access my template here.
Alternatively, if you would like expert advice on how to set up your web development business for success, you can book an obligation free chat here.
