If you are wondering if you “should” have one…the answer is a loud YES!
If you’ve been in business for any length of time you probably know that you will run across a client that essentially will not live up to their end of the website design agreement. Oh, you thought they would, perhaps you even knew them personally…but lo’ and behold you could get left having completed quite a substantial amount of work and not seen a red cent from your end.
So it is definitely good business to have a signed agreement. Whether it’s the business owner downtown to your friend, turned business owner themselves.
While fortunately I’ve only been not paid just once for a project, I have to admit it was one doozy of a project to not have gotten compensated for! But…live and learn. So, get a signed agreement.
It not just protects your business…it will also protect your client as well. It’s just plain good business practice. Pure and simple.
It is good advice (remember I’m not an attorney, so be sure to talk to an actual business law attorney) to READ any agreement BEFORE you sign! Goes both ways. As a business owner you want to protect yourself but please keep in mind that the agreement shouldn’t just protect you and your rights…the client is paying for your services and it’s in everyone’s best interest for the agreement to be designed that actually favors both business and client. (An attorney may advise you otherwise, however I can only speak from my own conscious and practice).
Take responsibility for YOUR work and just as you would like your client to do, live up to your word. In the event something arises that was unforseen and unpreventable, discuss it with your client before it goes any further. This will eliminate any unncessary frustration and money lost by either party.
Here are a few issues that must be tackled in your agreement:
The Payment Terms
Pay special attention to the payment terms. Make certain that if it is called for, detail the number of pages or hours your agreement pertains to, and if needed the terms can specify if authorization is required prior to any additional work to be provided over the contracted price. Also, if payment is expected within a certain time frame be sure to spell this out as well. (One ongoing issue we have always dealt with is payments not made on time and as specified, perhaps this is a designers job hazard? LOL)
Scope of the Services
Be certain that the agreement covers specifically what is expected from not only your business, but the responsibilites of the client as well. Be sure to include all requests and agreements to honor such requests (if applicable) in this section as well.
Completion Date
If possible, specify the completion date. This can get complicated and messy if it’s not specified especially if the client was to supply your company with necessary information within a certain time frame and hasn’t for whatever reason.
Final Approval
From a business owner’s standpoint and especially if you are waiting on final payment, be sure the client signs off on the final approval. We recommend that approval is made throughout the entire site design process so as not to complicate matters in the end. There are many revisions made during a design and it’s not advisable for the client not to know what is going on and be surprised at the final stage. For the majority of clients, we have found that working directly with the client throughout the entire process prevents any surprises and for most projects as the design process unfolds, clients will change their mind about a few things along the way after getting a visual of the project and if we keep the client fully involved, it can prevent any headaches along the way.
Of course….there may be copyright issues as well and again this is just another reason to have your attorney look over your website design agreement to make certain that not only is your business or you personally are protected, but to prevent a client from making a serious copyright violation as well. Again…good business practice.
There are many resources online about the proper formatting of website design agreements and this may be an option for your business, especially a small business owner just getting into the market…but before you sign and your client signs…HAVE AN ATTORNEY LOOK OVER THE AGREEMENT!
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