There are several aspects to site development agreement, particularly if there are to be on-going issues for the designer to do as soon as the web site has been set up. The core issues that should be considered are set out as follows…


Functional Specification

The Functional Spec defines what the software home is necessary to deliver. Approproate provisions need to be built into the contract to guarantee that the software developer has promised to deliver – the functional specification ought to delinate this work clearly. This naturally implies that the specification really should be in writing – it is extremely desirable to have a detailed written specification for your site agreed between you and the designer, so that everyone knows where they stand from the beginning. This makes positive that the designer knows what he has to do for his fees, particularly if they are fixed. You also want to take into account what items may be extras and how significantly they will cost.



Registration of Domain Names

Guarantee that the internet designer is obliged to register the domain name (if he/she is performing so) in your name, not his own name. Also ensure that you are not merely hiring the name from the designer.


Full Title Guarantee – Warranty

Ensure that the contract consists of a warranty by the designer that all content he/she supplies is totally free of third party intellectual property rights and that he will indemnify you on a “full indemnity basis” against any expenses, claims and liabilities arising from breach of that warranty.


Assignment of Copyright

Try and make sure that you get copyright in the site. It is reasonable for the designer generally to insist on payment before copyright is acquired. On larger projects you may possibly like to incorporate a provision whereby the copyright in material produced up to specific agreed milestones passes to you when the invoice for that particular milestone has been paid. This way you do not have a total loss scenario if you fall out with the designer during the contract.


System and Software Performance and Legal Requirements

Where there are certain legal requirements for your web site, make sure that the designer understands these and make sure also that they are obliged to guarantee that whatever they have to do will work legally. You ought to not anticipate the designer to advise you or guarantee legal compliance but you ought to expect any certain instructions you give on that subject (having first consulted with your solicitor on the subject) to be followed and for that function to be guaranteed. This might include such matters as preventing orders becoming processed without having the customer 1st accepting your terms of enterprise utilizing a pop-up window.


Maintenance Obligations

Where there are on-going maintenance obligations on your designer, you need comparable provisions regarding further developments of the website (e.g. concerning copyright, and so on). Where they are also hosting your site you need to have warranties regarding security of details when taken from web site visitors and also when it is stored by the hosting firm and also when it is onwardly transmitted to your own servers/PC. You will also want some type of service regular agreed for downtime (if they can not guarantee their services are up at least 97% of the time in any given month you should probably look elsewhere) and response to requests for support and for handling emergencies.


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Copyright Assignment