The Ultimate Guide to Web Design Agreement Templates

Web Design Agreements: What You Need to Know

A web design agreement template is a contract between you and your designer. It is the document where you and your designer agree upon what the designer will do for you, what you will do for your designer, what payment will be made, and when payment is due. A good contract will help both you and your designer clearly understand the obligations of both parties . This helps both parties as it sets out what is to be provided under the contract so the relationship does not sour because one party believes the other did not live up to their end of the bargain.
A web design agreement template sets forth the rules and guidelines for both parties to follow. As a web design contract is enforceable by law, it is important to understand what it means and how it protects both parties.

Web Design Agreement Template Essentials

Despite the apparent simplicity of web design agreement templates, these documents are typically quite complex and need to include many crucial components. The key elements that should always be present in a web design agreement template include:
Scope of Work – The template should clearly define the work being contracted. Scope details should include the type of design services being rendered; detailed explanations of design jobs, content writing, coding, and the use of licensed materials; and an outline of any additional work requested beyond the original scope of work.
Payment Terms – A standard template should include payment specifications such as pre-payment requirements and whether the designer/publisher accepts credit cards and/or electronic payments. The designer should also detail what design work should be completed before payment is due. This is particularly important for customized designs.
Reference Digital File – While not every website will require reference digital files, many large-scale or commercial sites do. The design agreement template needs to clarify whether any reference digital files will be provided to the customer, and if not, why. Providing reference digital files is an added expense, and some designers, especially those of smaller-scale sites, make revisions to their own design templates so that reference digital files will not be necessary.
Timelines – The customer and the service provider should be clear on what the timeline is for the delivery of design and publishing services. The agreement template must include details such as what happens if the customer doesn’t make the deadline, or the designer isn’t able to meet the timeline.
Intellectual Property Rights – Website design agreement templates should list all of the rights that the designer is giving up when they hand over a finished product. These rights usually include royalties, copyright, appraisal rights, and the right to approve alterations and the final product.

The Benefits of Using a Template for Web Design Agreements

A web design agreement template can save time, ensuring that you include all the essential contract terms for your project. It also saves time for clients, helping them get the information they need without having to create an entirely new agreement each time. An essential element of any business is consistency, and a contract template confers that upon your web design contracts. Having a set boilerplate base gives you a starting point for quickly and efficiently creating contracts.
A web design agreement template can also reduce the potential for dispute. Your web design contract template will have all the basic commercial elements that you use in every contract, so you can avoid the endless back-and-forth negotiation over basic commercial terms. A contract template does not only save time; it also helps you avoid the costs, lost opportunities, and headaches associated with unresolved disputes.

Editing Your Web Design Agreement Template

Just as you would not use a DIY garage sale sign on your store front, or a flyer for a car wash promotion on your wedding invitations, you need to be sure that the web design agreement template you use is appropriate for your project. It is not enough to simply use a standard template without thinking through its application and customizing it to meet the specific needs of the project and client.
For example, you may be starting up as a freelance graphic designer and doing everything from logo designs to email marketing. In this case, a general template that covers all types of projects may be appropriate. Or you may have started out by taking any job you could get, but now only take commissions from clients that you know will give you paid advertising space on browsers or newspapers because you are offering a more targeted, niche blog for your local area (and are, accordingly, using your site to promote local merchants instead of taking on every job that comes your way). You can go in and change the template to include a value proposition that only covers advertising on your blog, while leaving other sections of the template intact.
In some cases, you may use a contractor for some of your work. In these cases, the standard template may need some revision to create contractor agreements between yourself and your subcontractor. Or you may be handling the entire project yourself, gathering a team of subcontractors. If that is the case, you can revise the standard template to reflect this.
Your template should include sections such as information about ownership, whether an exclusive license will be granted and if so, to whom, when payment will be made, when payment will be due, and what happens if either party defaults on the agreement.

Pitfalls to Watch Out For

Common mistakes surrounding web design agreement templates generally occur because of an incomplete understanding of the parties’ obligations and rights. Most mistakes are related to incomplete language which does not clearly define the parties’ roles, particularly in regard to terms related to independent contractor liability and intellectual property ownership. Other mistakes might include forgetting to add clauses related to termination rights, payment terms and deliverables.
In some cases, a designer will use the free and very short contract available at a website or addendum section of a web design communities website. The problem with this course of action is that a free template cannot and should not be taken as a starting off point or guide unless the person using the contract is proficient in contract law , understands their business and services to be provided and is able to discern which provisions are designed to protect his or her best interest, along with those of the client. Typically, a designer who is given a template for a new client should always add provisions that detail the particular services to be provided, the scope of work, compensation to be received and other elements that are unique to that customer. For example, if an individual is speaking at an event and needs to have presentation slides prepared, there should be a contract between the designer and the client that lays out the parameters of the project and validates that the designer has been provided with all information necessary to perform the task.

Legal Issues with Web Design Agreements

Both parties should be aware of all legal issues before entering into a web design agreement. For example, contracts become legally binding as soon as the offer is accepted by both parties, regardless of whether a web designer has received a deposit or whether there is a signed contract. As it stands, there are also certain legal requirements for a website itself such as including a privacy policy, terms of use, and anti-spam disclosures.
From the beginning of contract negotiations, there should be language included that specifically details how potential liability and losses will be handled. It is preferable to draft a cap on liability. However, release, indemnification and insurance clauses are almost always included in the contract.
It is also common to include confidentiality obligations to ensure that sensitive corporate information is kept confidential so it cannot be used or disclosed. This would include anything that is part of trade secrets, proprietary information, or general company business strategy.
When it comes to anti-bribery, there are typically clauses included to make sure that neither party is engaged in corrupt activities or any form of bribery, which is treated seriously under international law. Finally, it is most common to see various dispute resolution mechanisms whereby two parties agree to resolve any potential disputes by negotiation, arbitration, or civil court action.

How to Locate and Select the Appropriate Template

When searching for reliable web design agreement templates, there are several sources you can turn to. First and foremost, relying on templates provided by trusted industry associations such as the International Association of Designers or the American Institute of Graphic Arts can be a good starting point. These organizations often have a database of templates that have been vetted by professionals in the field.
Additionally, numerous websites offer free template downloads, but it is important to thoroughly review the provisions and terms to ensure they align with the specific needs and requirements of your design service offering. Websites that specialize in providing sample business documents often have extensive resources, but make sure to verify the credibility of the website and the validity of the templates offered.
Local small business associations may also offer web design agreement templates or links to reliable providers of templates. Seeking recommendations from peers in the industry can also help you narrow down your choices and find a reliable source.
When choosing a web design agreement template , it is essential to consider the scope of services you are going to provide. If your services involve any specialized features or functions, then you will need a more detailed template that addresses those specific needs and requirements. The template you choose should also allow for customization, whether it is electronically, via printed hard copies, or a combination of both.
Finally, make sure to pay attention to the level of detail included (or needed) in a web design agreement template. A basic template may not be appropriate if your services are more involved; in that case, you would want to look for an agreement template that has more complex clauses for specific services or responsibilities and covers all potential contingencies.