Q. I am using a web designer to build a website for my business. The contract is written in gobbledegook and I have no idea what sort of things I should be looking out for. Can you help?
A. A properly drafted website development contract is vital as it will minimize the potential for future disputes between you and the designer. In addition to setting out your requirements in terms of content, branding and performance (i.e. the gobbledegook bits), it will assist you and the designer in ensuring that the website is delivered within budget and on time.
It should allow for pilot tests to assess users' reactions to the site and provide for you to own all of the rights in the design of the web pages and the underlying software (at law, the designer will be the owner of these rights unless the contract provides for them to be transferred to you). By ensuring that you own these rights you can transfer the website to another designer where, for example, your current designer is not performing.
The contract should also provide you with an indemnity from the designer (to protect you against any liabilities should any photographs, video clips or music belonging to others be used without permission) and it should cover what would happen if the contract is terminated (would the designer still then be permitted to place a credit on the site, for example?). Finally, it should also set out how the site is to be maintained and updated after it has been launched what the ongoing costs of this will be.
Businesses are using web designers with increasing regularity and if you value your business and its reputation it is vital that you protect yourself by using a comprehensive website contract. Please contact us at ks@gobbledegook.com (alright I made that one up) or ks@pgslaw.co.uk should you require any further help.
