Forum Moderators: LifeinAsia
I just met with a prospective subcontractor who has his own web design business. The business consists of him, and one other person who markets his business. He has a website for that business whose domain is the name of the business. He also has a website with his own name as the domain. He is an actor on the side, so when you go to that website, there are two links: 1. Actor, 2. Designer. Right now, when you click on "Designer", it goes to his web design company's site. However, he said that he would like to put up a portfolio on his personal site to show sites that he has developed for other companies.
We were talking about the fact that he would not be able to put the sites that he builds for my business in the portfolio of his web design business. He agreed, but he said that he would like to put those sites (screenshots with links to those sites) in the portfolio of his personal website. He said that he would leave the credits alone (all my company's sites say "Created by MyCompany.com" at the bottom of the homepage), but would like to have them on his site in his portfolio.
I initially said OK. However, I have had time to think about it, and I just am not comfortable with that. Whether they are on his web design site or his personal site, if people go there, they will see that he is the guy who developed some of the sites for my business, and they could go directly to him with business, which would save them money, seeing that I mark up the sites. Of course I offer other services as well which are of great value to my clients, such as promoting their sites, but some people may not want that or see a need for it...at least not in their eyes.
What is the common practice in the business? I assume that it is what my instincts are telling me, that my company owns the copyrights to it (which is a given), and that the designer is not to claim ownership of it in any form. It just makes business sense for that to be the case.
Anyone want to confirm or deny this?
Another question is do you give the subcontractor the ftp info so he can upload the site to the client's domain, or do you have the subcontractor email you the files so you can upload it? There's always that issue of trust when it comes to giving access to your server.
Does this fellow see the value added you are bringing to the table in the long term? I don't think he does and is positioning it as strictly a portfolio building exercise. I would have a chat with him on where he sees you and he two years from now or more.
Also, I would get an agreement in writing about him not approaching or doing work for your clients for period if he leaves you.
Good Luck,
Shane
I also am not sure how his prices are. I was talking to him about dealing in volume, and that I would like to price the sites at a level that gives the impression of both quality and value, but he was more interested in making a certain amount per day. I told him that I could have him working more days with a slightly less price than he was offering, but he said that he would rather deal with high end sites. I think it is a pride thing with him. He is good at what he does, but I am not sure if I am going to go with him because of these issues. I'm going to have to shop around and take a look at my options.
..... Shane
I actually just spoke to him, and he was not up for the NDA. He has his own web design company, so he is not used to developing sites and not being able to put them in his portfolio. He argument is that he does not want to work on sites that he can't show people and further his career. However, from my perspective, since we are in the same business, it is only business wise to have such an agreement.
He argument is that he does not want to work on sites that he can't show people and further his career.
Sounds like you've made the right decision. If you're sub contracting another designer you're certainly within your rights to request they don't promote that they did the work. A nice NDA and contract can usually sort that out. Having this agreed to up front is crucial.
Remember you're the one who got the client in, consulted with them, presented the work and billed them. The design part is easy - well not easy but just one aspect of the job if you know what I mean.
As someone else mentioned here it sounds like they were looking to build up their portfolio. Especially if they were then picking and choosing which sites they'd work on. You'd be better off finding someone good with a view to a long term relationship.
IMHO :)
Sounds like you've made the right decision. If you're sub contracting another designer you're certainly within your rights to request they don't promote that they did the work. A nice NDA and contract can usually sort that out. Having this agreed to up front is crucial.Remember you're the one who got the client in, consulted with them, presented the work and billed them. The design part is easy - well not easy but just one aspect of the job if you know what I mean.
As someone else mentioned here it sounds like they were looking to build up their portfolio. Especially if they were then picking and choosing which sites they'd work on. You'd be better off finding someone good with a view to a long term relationship.
Thank you for affirming that. We have already expressed to each other that the business relationship would not work out. I'm glad that this was addressed in the beginning and so quickly.
By the way, if you, or anyone else reading this, has some links to a great NDA and contract for doing work with subcontactors, I'd greatly appreciate it if you would either post them or PM them to me. Thanks.
