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Legal disclaimers, timeframe, terms and conditions and contracts

         

Marcia

2:56 pm on Oct 9, 2001 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



What are generally reasonable time expectations for projects? One major issue is delay on the client's end, which creates a difficulty if fixed time has been written into an actual contract based on original expectations. The wait 3 weeks, "need it yesterday" syndrome is not unheard of. What's the most effective way of giving this issue clear definition?

There are web designers who say they get sites done within a couple of days once client deposit and materials are received. That's very do-able with reasonably small sites, design only. If it's open the editor, copy and paste text to a template, put the pages in the root directory, name them page1.html, page2.html and products.html, do meta tags and open the FTP program, upload and do the submission, barring last minute client changes_of_mind, it's quick enough work.

Doing research, including keywords and competition, pre-checking the Directories, etc., setting up a proper site directory structure, editing all the text, or researching/writing it from scratch, going through alt tags, naming pages, all the details involved, are do-able in a few days with a very tiny site. I've done one or two product sites in a week or so, once the concept is approved. However, it's not a 2 day quickie affair once it's a site beyond just a few pages that'll be optimized. I'm trying to find what the reasonable parameters "normally" are for various stages. I believe that some clients have pre-conceived notions, based on promises they've seen regarding quickie design-only sites.

What I'm thinking of doing is setting up some kind of preliminary document spelling a few things out in advance, to be acknowledged prior to even actually considering working on a project. Kind of a Terms and Conditions that's not binding prior to an actual contract being done, but which could possibly be included if and when an official contract is signed.

So I'm trying to put together a bullet-list of what should be included. The purpose is to avoid unnecessary pressure from day one, as well as to leave no room for misunderstanding.

I'm also preparing a new contract this week, in which all this will have to be clearly spelled out. Things would have been simplified considerably at this point had certain things been spelled out in a preliminary document in advance. I'm not sure this is the way to go, but at this point it seems that it's worth giving serious consideration.

Another very important issue - what type of legal disclaimers are absolutely necessary to be put into standard contracts for design and/or seo? For example, server or network failures, expectations vs. guarantees (their products may or may not be attractive to customers), whether or not clients implement recommendations, etc. What are the bare essentials so it's kept within reasonable limits, while at the same time making sure all bases are covered without going overboard? It's awful easy to miss important points and pay the price later.

Marshall

8:55 pm on Oct 9, 2001 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



Marcia,

I know what you mean about delays. When inspired, I can whip out a design in one night - artistically speaking, but then find myself waiting for the content from the client. Here's a web address that has "a contract for every occasion"

[builder.cnet.com...]

You can also check [lawforinternet.com...] which is where the above list is compiled from.

As for when you're delayed due to the client's failure to provide information in a timely manner, I have that generic, catch-all clause about "Not responsible for delays beyond our control." However, I know a designer who had scheduled two designs back-to-back. The first one delayed getting him the content and he had to start the second one. No, it wasn't me. Anyway, the result was the first one didn't make the promised completion deadline. Being as I'm not sure if my catch-all clause would cover that, I thought adding something like "For every day the client delays providing necessary content, the final deadline will be extended by five days." Of course, you can pick how many days are appropriate. But this type of clause may motivate the client more. Just a thought.

P.S. Get my last StickyMail ;)