A web design contract is a legally binding agreement between a client and designer. It contains pricing, scope of the design work, timeline of deliverables (like wireframes or final design elements), payment schedule, intellectual property rights, and other legal terms.
Both the client and designer must sign the document for it to be considered legally binding.
One of the biggest mistakes freelance web designers make, is taking on new clients without signing a contract.
Usually, designers will make one of the following excuses when doing this:
"It's a small project, I don't need a contract for this."
"I don't want to scare this client away with a contract."
"I trust this person."
"I've never had a problem that needed a contract."
"A contract is too formal for this project."
The list goes on and on.
The problem is that none of these reasons help, when inevitably, a problem regarding scope, payment, or some other detail comes up.
The reality is that with the right approach, and the right contract, you can easily protect yourself from all sorts of problems.
Why is it so hard to find a great web design contract online?
Have you ever searched for one?
Most of them contain pages and pages of legal jargon that no one can understand. Most people don't/can't even completely read them. How is anyone supposed to customize and use these contracts?
When you're busy focusing on the work, the last thing you want to do is waste time putting your own legal documents together.
That's why when we created our own template, we had these goals:
If you've ever taken a look at the Terms and Conditions (T&C) made available by AIGA (or the Graphic Artist’s Guild), you'll feel instantly overwhelmed. Even the "Contract Killer" version, leaves a lot of holes and isn't the easiest thing to customize.
It's not a realistic option for most people that run a small business.
That's why we created two simple (and free) website sample contracts that you can download.
Building a good contract is easy to do once you have the right starting point.
Here's the easiest way to get started with your own design contract:
One key tip when customizing your own contract: It's critical to nail down the scope of your project. This means you want to be specific about the number of web pages, whether you're working with a developer, helping with web site hosting, and which source files you'll include.
This Website Design Agreement (the “Agreement”) is entered into ____________________ (the “Effective Date”) by and between ______________________ (the “Client”) located at ___________________________________ and _______________________ (the “Designer”) located at ______________________, also individually referred to as the “Party”, and collectively the “Parties”.
_______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________
TOTAL Project Cost: _____________________________________________________________________________
Initial Deposit (Due upon execution of the Agreement): _______________________
The remaining balance will be due upon the Designer’s completion and the Client’s acceptance of the Project.
Preliminary Design Due: ________________________________
Client Review Due: ________________________________
Final Design Due: ________________________________
Client FINAL Review Due:* ________________________________
Final Website Due: ________________________________
*The Client’s Final review must include any and all comments, requests, revisions, etc. This review period is the Client’s last chance to make any changes.
The Designer will continue to be available to the Client for ______ [days/weeks/months (choose one)] after the termination of this Agreement to provide the Client with reasonable technical support and to correct any possible errors or deficiencies.
This provision shall remain in full force and effect even after the termination of this Agreement, either by natural termination or for cause.
While the Designer will customize the Client’s Website to the Client’s specifications, the Client recognizes that websites generally have a common structure and basis. The Designer continues to own any and all template designs it may have created prior to this Agreement. The Designer will further own any template designs it may create as a result of this Agreement.
The Client can terminate the Agreement by giving written notice: (a) if the Designer commits any material breach of this Agreement and fails to correct the breach within ten (10) days of notice of the breach; or (b) if there is any repeated failure by the Designer to execute the Project in an acceptable standard and to the reasonable satisfaction of the Client.
The Designer can terminate the Agreement by giving written notice: (a) if the Client fails to make the payments required and set forth in Sections 2 and 3 within five (5) days of notice of failure to make a payment; or (b) if the Client commits any other material, non-financial breach and fails to correct the breach within ten (10) days of notice of the breach.
12. Severability. If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of the Agreement will still be enforceable.
13. Complete Contract. The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.
All notices under this Agreement must be sent by email with read receipt requested or certified or registered mail with return receipt requested. Notices shall be sent as follows: