Free Website Design Agreement

The design and programming services that the website designer will be providing should be stated clearly and in some detail. This information should be available from the website designer's proposal and the initial discussions between the website owner and the website designer. In addition to specifying the programming and design services, the services should include the following:

• How much training the designer will provide to the owner's employees regarding use and maintenance of the website.

• Whether the designer will be responsible for transferring the website to the owner's server.

• How much time will be devoted by the designer and owner to joint testing of the website.

• The maximum download time for pages on the website.

• The number of users who will be able to access and use the website at the same time.

• How the website will be integrated with the owner's other computer systems.

• What safeguards and security measures will be incorporated into the website.

• How the owner will be able to obtain and use information about users of the website.

Include the terms that will be required for payment. It is important to state how the fees will be calculated. For example, the designer may be paid on an hourly rate basis, that is, "$75 per hour". There may be different rates for different skill levels. For example, a project coordinator might have a higher hourly rate than a programmer.

The payment terms should also state how payments should be made. For example, the website designer might require that a portion of the total price be paid upon the signing of the agreement as a "deposit" or "advance". It is also possible that the designer and owner will agree that the designer should "submit monthly invoices which shall be paid in full by the Owner not less than [30 days] after the invoice date."

If any "out of pocket" expenses (e.g., travel expenses) will be paid by the Owner to the Designer, it may be desirable to include a provision which states that the "Owner shall reimburse the Designer for reasonable travel expenses, if a reasonable estimate of the amount of travel expenses is approved by the Owner in advance."

This Agreement includes a provision that the website owner will become the owner of the programming and other design services provided by the website designer. However, in many website design situations, the website designer will have developed programming code that the designer uses to some degree in all or most of its website design projects. The designer will want to retain ownership of such underlying software code that may become part of the website. Therefore, this program allows the option of including a provision that specifies the designer's intent to retain full ownership of such special software code. This provision also states that the designer grants the website owner a license to use such code.

1. The Website Design Agreement should be signed by both parties and becomes effective as of the date specified in the Agreement. It is not necessary that the signatures be witnessed or notarized.

2. It is advisable to sign two copies of the Agreement so that each party will have a copy with original signatures. Original copies should be kept in a fire-proof and safe location.

3. A lawyer should be consulted regarding any issues not addressed by this program.

This Agreement allows for an optional paragraph that includes the agreement of the Owner and the Designer that they will not solicit the other party's employees to switch employment. For example, the Owner may become impressed with a programmer who is working on the Designer's design team, and may wish to make an offer of employment to that individual. Obviously, the Designer would be upset if the Designer's employees are being lured away by the Designer's clients (website owners). The provision included in this Agreement provides some protection for both the Owner and the Designer.

The Website Design Agreement should specify when the Agreement will end. If the parties know in advance when the services of the Designer will no longer be needed, that specific date can be entered.

Frequently the parties may contemplate an ongoing relationship. If that is the case, the second option can be used. The Agreement will continue in effect until one of the parties elects to terminate it. This gives the parties the flexibility to agree to a long term commitment while retaining some freedom to end the Agreement when necessary.

The Agreement also provides that either party can terminate the Agreement if the other party is in default. In such cases, the Agreement does not end until the party in default has been given the opportunity to take corrective action, but has failed to do so.

The Website Design Agreement is a document under which a website designer contracts to provide design and software programming services for the development of a website for a business or individual -- the website owner. The agreement describes the services to be provided, explains the schedule for completing the services, and provides for the payment terms.

In addition, this Agreement includes standard warranty and indemnity provisions to protect the copyright and other intellectual property rights of the website owner. Further, it includes a provision that obligates the website designer to protect and not disclose the owner's proprietary or confidential information. "Confidential Information" is information that is unique, and for which there would be harm if it was disclosed. Upon completion of the project, the designer is obligated to return information and records to the owner.