client web development contracts

what should contracts cover/examples

[hardknocks29]

In just getting into this business, I would love to get the input of experienced people in regards to what you use in regards to a contract with a client. Points it should cover, Service Level expectations, legal aspects, timeframes, etc. Additional items? Deletions?

Thanks for your responses.

[rocknbil]

There are quite a few automated contract builders out there, you should be able to glean a unique one for yourself by example.

My agreements include:

- Define the entities (me "provider," them "client, defining these terms throughout the agreement)

- Recital/summary - general description "The Client wishes to be provided with the Services (defined below) by the Service Provider and the Service Provider
agrees to provide the Services to the Client on the terms and conditions of this Agreement."

- Services - precise list (i.e.: here is exactly what I am agreeing to do.)

- Delivery - start/end date, outline of project milestones.

- Site/location - where the development is to take place

- Payment - describe terms of payment, intervals, amounts

- Intellectual property rights - describe ownership or licensing of materials, generally that whatever deliverables I provide do not violate any existing copyright and am granting client full license to do as they see fit with the deliverables (or other possible terms, if it's a license)

- Warranty - what you guarantee and most importantly, what you DON'T guarantee

- Limits of liability - what you can't sue me for. :-)

- Term and Termination - if the project is canceled mid stream

- Relationship - mine is basically that I'm not an employee, but independent contractor

- Confidentiality - basically a non-disclosure clause

- Notices - terms of requirement of physical notice in the event of change of scope or termination

- Miscellaneous - a few items in respect that the contract can change without agreement of both parties, this agreement is the agreement in it's entirety and verbal discussions have no bearing on the project, and minor items specific to the project at hand.

I AM NOT A LAWYER and this is not legal advice. But the above outline has worked for years, and often changes from client to client.

[vincevincevince]

- What happens in the case of non payment (e.g. that the client agrees to you taking down the site until payment is made, that interest is due according to XYZ, ...)
- What happens in the case of a disagreement about a milestone or completion (e.g. independent arbitrator? coder's decision is binding? client can keep grumbling about nothing for years to avoid payment?)
- Refunds: under what circumstances you allow part of an already-made payment to be returned to the client, in whole or part (no right to refund of any payment made? refund at sole discretion of coder? refund of sums paid in advance of current milestone?)
- Disclosure clause! - permission or framework allowing you to disclose that the client is your client, and the site was developed by you