A Website Design/Development Agreement is a document through which two parties - the web professional (the individual designing and/or developing the website) and the client - can create a business relationship between them for the provision of services for a website. The website belongs to the client, who then decides to hire a web professional to assist with whichever aspect of the website needs work.
A website designer generally focuses on the aesthetic elements of a site: things like overall appearance, color selection, flow of the page, etc. A developer can do these things as well, but usually is more focused on building something, like a custom website or custom element. A website designer can work with templates, whereas a developer usually does not. Often, the web professional is a party that does both website design and development.
Here, the parties will outline the most important elements of the working relationship. Things such as the actual project details, the deadline dates, and maintenance information will be included.
How to use this document
This document can be used by either party in a prospective web design or development relationship - the website designer/developer or the client. The party filling out the document will need to know all of the details of the terms the parties agreed on for the agreement such as payment terms, milestones, and deliverable dates.
This document may also be used for a website designer or developer looking for a template to provide to all clients. In that case, the designer/developer would fill out the terms that would be the same across all client relationships and then keep several copies to update as new clients come in.
Within this document, all the details of the parties' relationship will be covered: not just the terms applicable to the actual work, but also general contractual provisions like indemnity and governing law.
When this document is filled out, ideally, it should be printed out and signed by both parties and then a copy kept with each.
Website Design/Development Agreements are normally subject to individual state laws, governing general and commercial contract principles. Federal rules and states, such as those promulgated by the Federal Trade Commission, will also apply to govern the website itself, such as with e-commerce or privacy.
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