Standard agreement for fixed price web development work. This is intended for people operating as freelancers. Based on the popular contract by Dan Wong with a focus on web development and inclusion of sections about ecommerce, hacking, revisions and website launch.
Agreement for Web Development Works
Between Sender Name at Sender Company (presented as "I" or "me") and Company Name as represented by Client Name (presented as "you" or "client").
I will always do my best to fulfill your needs and meet our goals, but it’s best to have a few simple things written down so that we both know what is what, who should do what and what happens if things go awry. In this contract you won't find complicated legal terms or large passages of unreadable text. I have no desire to trick you into signing something that you might later regret. I do want what's best for the safety of both parties, now and for future projects.
You, Client Name representing Company Name, are hiring Sender Company to perform web development work for the estimated total price of $Project Value as outlined in my previous correspondence. The agreed payment plan is at the end of this document and more detail on the services to be provided is below.
What do both parties agree to do?
- have the power and ability to enter into this contract on behalf of your company or organisation;
- agree to provide me with everything that I need to complete the project including text, images and other information as and when I need it and in the format that I ask for;
- agree to review my work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together;
- also agree to stick to the payment schedule set out at the end of this contract.
- have the experience and ability to perform the services you need from me and I will carry them out in a professional and timely manner;
- will endeavour to meet all the deadlines set but I can't be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off my work on-time at any stage;
- will also maintain the confidentiality of any information that you give me.
Details of the Works
I will Project Details. At any point in time, if you are unhappy with the progress of the project, you may
Text content and photography
I am not responsible for writing or inputting any text copy unless I specified it in the original estimate. I'll be happy to help though where I can.
Changes and revisions
Fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. I don't want to limit either your options or your opportunities to change your mind. If you do want to change your mind, add extra pages or templates or even add new functionality, that won't be a problem. You will be charged my standard hourly rate as mentioned above. Along the way I might ask you to put requests in writing so I can keep track of changes.
I am committed to fixing any code bugs associated with the code I have produced within a calendar month (up to 31 days) after completion of the project. If a support plan is not signed beyond this time, I am happy to quote to perform fixes or modify the site.
I can't guarantee that the functions contained in any webpage templates or in a completed website will always be error-free and so I can't be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other webpages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Cancelling this contract
If you choose to cancel this contract, I will retain the initial payment and may require an additional payment to be made to cover the work I have done up until the cancellation date. I will own the copyright to all materials produced up until that date and these can be transferred to you for an agreed set fee.
All other clauses in this contract will remain in place.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by your good selfs, or that you have permission to use them.
When I receive my final payment, copyright is automatically assigned as follows:
- You own the graphics and other visual elements that I create for you for this project.
- I will give you a copy of all files at your request and you should store them safely as I am only required to keep them or provide any native source files that I used in making them for a period of one calendar month (up to 31 days) from the launch of the website.
- You own text content, photographs and other data you provided, unless someone else owns them.
- I own any customized markup and development scripts and I license it to you for use on only this project. Should you need to re-use it in the future, we can discuss this.
- It is possible that I will use plugins and code from external sources (jQuery for example). In this case, the ownership of that code will be based on the license it is provided with.
I love to show off my work and share what I have learned with other people, so I would like the opportunity to display and link to your completed project as part of my portfolio and to write about the project on websites, in magazine articles and in books.
I am sure you understand how important it is as a small business that you pay the invoices that I send you promptly. As I'm also sure you'll want to stay friends, you agree to stick to the following payment schedule, which will be as follows, but may be revised based on further conversations between us.
Initial Payment Percentage% of total estimated fee payable prior to work commencing: $Initial Payment Amount
Secondary Payment Percentage % of total estimated fee payable upon first deliverable of the website
Remainder of fee payable prior to handover of the completed files and/or website launch: $Final Payment Amount
- Any additional work required for this project will be at a rate of $Standard Hourly Rate and charged either at the time or as part of the final invoice, whichever I deem more appropriate
I do not place any interest on late payments because that’s no fun for anyone, but reserve the right to stop work on the project and withdraw any staging site or otherwise up until the time any outstanding amount is settled. Hopefully this will not be the case.
But where is all the horrible small print?
Just like a parking ticket, you cannot transfer this contract to anyone else without my permission.
This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document.
Please keep a copy once signed for your records and let's get this website going.