Do you have a proper web design contract to work with your clients as an independent contractor?
When you’re a freelancer in the web design industry, it’s really easy to get sucked into working for clients without any existing contract in place.
You may be afraid that a contract may scare potential clients off.
But that’s not the right way of thinking about things because a problem regarding scope, payment, or intellectual property often comes up.
And if you don’t have the right contract in place, you risk losing money or having a client tarnish your reputation.
In a perfect world, we wouldn’t need contracts at all because all business relationships would run smoothly.
But, unfortunately, it’s not a perfect world, and business relationships can really go wrong if you don’t have a contract that legally binds both parties to the agreement.
As a business lawyer and seven-figure blogger, I personally know what the tragic results of a lawsuit can do to families.
My father had his own small business when I was younger, and a freelancer who worked for him sued him for $90,000. It was devastating for our family.
Growing a profitable business is hard enough without all the frightening legal issues that could arise!
So in this guide, I’ll explain:
- what a web design contract is,
- how to use one as a web designer working with new clients,
- and the legal terms of a contract you must know to avoid issues.
Plus, I have the perfect solution for creating your own contract that is much more affordable than hiring an expensive lawyer – my web design contract template here.
Although I’m a lawyer by profession, this is not legal advice but rather best practices and the best way to ensure your business is protected.
Table of Contents
What is a Website Design Contract?
A web design contract is a legally binding agreement between a client and a web designer.
It’s a legal document that lays out the terms and conditions of the project and defines the business relationship between a client and a web designer.
The client makes promises of payment, and both parties agree on the timelines deadlines, and project scope before working together.
If you’re an independent contractor or freelancer in the web design industry, then you should have this type of document.
This contract will protect you from clients who might want to change the scope of work, not pay you on time, or try to get out of paying altogether.
You may find that a client inevitably comes back with some sort of issue regarding scope, payment, or another detail they are unhappy about. If you don’t have a contract, you could be doing a lot of work for free.
You may have also heard the term “letter of agreement.” It refers to a shorter, simple contract that describes the project deadline and schedule, what the project is, fees, and terms and conditions.
These legal contracts may not include all the key clauses and sections you need. And beware of free legal contracts as they don’t fully protect you either.
Who Needs a Web Design Contract?
A web design contract is essential for every web design business that works with clients.
If you or your business offers website design services, you should use a Web Design Agreement to protect your creative work and maintain professional relationships with your clients.
This includes freelance designers, small design agencies, and even larger firms that offer web design as one of their services.
Having a well-crafted contract is crucial for protecting your interests and maintaining clear communication with clients.
It also adds a level of professionalism to your business and sets the tone for a successful working relationship.
Not having a web design agreement in place can lead to lawsuits, scope creep, and other problems between you and your client.
Example of a Recent Web Design Legal Issue
Let me give you a recent example of a web design legal issue one of my customers faced.
She designed a beautiful website for her client but didn’t make it accessible with the ADA (Americans with Disabilities Act).
She also didn’t have any provision in her contract protecting her against ADA liability, meaning no guarantee clause.
So when her client got sued for non-compliance, she threatened to come after her for legal damages!
Yes, that can happen to any web designer who is not taking the time to use the right web design contract.
This is one of the reasons I put together this template and it includes the important language you need to protect yourself from this legal liability.
Also, pro tip: you should always refer your clients to this ADA website legal compliance bundle instead of guaranteeing compliance on your own.
Contracts are simply tools used to protect your business interests and your clients’ too!
Not having one in place can seriously hurt your business when it’s time to go after a client for payment or resolve any issue that might arise during the course of working together.
Things will take much longer and be far more complicated if you don’t have documents in place outlining what is expected from each party involved.
Don’t take any risks with your creative work – invest in a Web Design Agreement template today and confidently take on new projects without worrying about legal issues.
Protect your business, protect your creativity – download now and start designing with peace of mind!
When Should You Use a Website Design Contract?
You should use a web design contract BEFORE you start work on any web design project for a client.
When you define the relationship and project details, you’re protected from the client who wants constant changes for free and other legal issues if they arise.
Plus, a contract is legally binding and lets you take legal action against those clients that don’t pay.
Imagine not getting paid for your hard work.
This is one of the many issues you may face without a web design contract.
How Do I Create a Web Design Contract? (What to Include)
Creating a web design contract is easy with my affordable web design contract template here.
A good contract includes the following essential elements.
Introduction Statement
The introduction to the contract should include a short description of what you’re doing and who is involved.
A clear introduction saves time later when people say, “Wait…what were we talking about again?”
It defines the relationship between the parties and the following information:
- Your name as a freelancer
- The company name if you’ve got one
- Your client’s name
- And your client’s company name
Then you write a short statement that describes the services and deliverables you will provide to your client.
After that information, you document the start date of the project like you would in any other freelance contract agreement.
Scope of the Project / Services
The project scope refers to all the work you will do related to the project.
For example, when designing a website for your clients, you need to choose a theme, create specific web pages, add content, and do other important tasks.
Write out what needs to be done under the project scope or services section.
You can use bullet points or numbers but keep it simple so that there are no misunderstandings later on in the project, AND you can avoid scope creep.
Scope creep is when the client asks for more tasks to be completed after the contract is agreed upon.
Or the client wants you to do an additional task without paying any additional fees. Scope creep can happen at any time during a project if the client is given enough opportunity.
Related Video: 5 Must-Have Business Contracts
Compensation and Payment Method
The payment terms of your work are explained under this section.
You can charge an hourly rate or a fixed price for what you do and how much it will cost them to get the project completed.
Some freelancers also choose to ask their clients for monthly retainer payments that include certain deliverables. Or you may require a deposit before you begin work.
In any website design agreement, you want to include how your client will pay you, like “$3000 via PayPal once the project is completed.”
This section would also include the payment schedule if your client is making multiple payments for the design.
Don’t worry, my template here gives you the different payment options to consider.
Late Payment Fee
If your client fails to pay you by the deadline, then there should be a late fee that is added. It’s as simple as that.
The late fee can vary depending on your hourly or project rates and how much more time it takes for them to complete payment. A good rule of thumb is something like “if they don’t make their first monthly retainer payment within 14 days, then they will be charged a $100 late fee.”
Trust me; eventually, you will have a client who likes to pay late, and you’ll be thankful for this provision because you have your own bills to pay, right?
Deposits and Advanced Retainers
I recommend adding an advanced deposit fee for your services if you do them in installments. The advanced retainers are not required, but it’s helpful to have a deposit on hand before beginning work with the final payment due later when the project is complete.
Many freelancers often ask for a deposit upfront or a monthly retainer fee on large products and the services they offer.
Changes or Revisions
This section describes how many changes and revisions you and your client can expect to make without additional costs.
For example, if you offer unlimited revisions, then add that here in the contract with a clause like:
“Changes or modifications will be documented on our change request form (see attached). Client agrees to pay for all changes unless they are approved in writing by the freelancer.”
You can also lay out that changes to the project and business relationship are allowed as long as both parties agree.
So, if your client wants to add additional services, you can easily do that as long as both parties agree.
Exclusive Rights to Display Deliverables and Ownership of Files
Many web designers put their heart into each design project they work on, so it’s important to include this in your contract agreement.
This section tells your client who retains exclusive rights over all finished designs, graphics, code, etc. even if you don’t keep any copies for your portfolio.
If you work on a project with someone else like an agency, then be sure to include who owns the files and what will happen if one of the co-workers leaves or changes their mind about giving up their rights.
U.S. copyright law says that the ownership goes to the creator, but in the case of web design services, the intellectual property rights should go to the client.
Not all web design contract templates include this, but my agreement template provides both options for free.
Project Timeline and Turnaround Time
As a service provider with a web design business, deadlines dictate how much time you have to work on your projects.
It’s a good idea to build in extra time in case of unforeseeable events like losing your internet connection during a hurricane or flash flood.
Whether you’re a freelance web designer or work for an agency, this part of a contract is important because it describes the timeline of the project.
In my template, you’ll also get a Force Majeure legal provision that protects you in case of emergencies you have no control over, including illness that could delay the project.
With this legal provision, you won’t have to worry about a breach of contract.
Confidentiality Agreement
A confidentiality agreement is a must for any business that does web design work.
If you’re working on projects for a business, you may be privy to their proprietary business secrets, customers, or processes.
Trust is a huge factor here for businesses sharing information that can be shared with others or misused.
For this reason, a confidentiality agreement or Non-Disclosure Agreement (NDA) is a good idea to include in the formal contract.
It’s common practice for most web designers and agencies to include a confidentiality agreement with their contract template.
That’s because much of their work is related to a business’s most important aspects that could hurt them if revealed or misused.
I’ve provided one in my website design contract that is both easy to use and legally binding because it was written by a lawyer – ME!
Termination Clause
Unfortunately, some agreements between parties just don’t work.
A termination clause, sometimes called a cancellation provision, tells you what happens if either party decides to cancel.
It may often include how many days’ notice the party needs to give as well as how and when outstanding payments will be taken care of.
If you’ve already started the design process, it’s not fair that you don’t receive at least some financial compensation for your work.
Signature of Both Parties
This part of a contract shows that both parties have read, agreed upon, and will abide by its contents, creating a legally binding document. It’s very important so you can’t forget it (which you won’t if you get my handy template)!
After you fill out the web design contract, make sure both parties sign it, and you give one to the client for their records.
Here are some tips to send contracts to clients for signing.
What Could Happen if You Don’t Have a Web Design Contract?
Many things can go wrong if you don’t use a website design contract agreement.
Here are some of the issues you may face without a website design contract:
- Misinterpretation: The client or freelancer can misinterpret the terms of the project and the working scope, which can result in nasty disputes.
- Non-Payments: Clients may refuse to pay you for the work or not pay you on time.
- Extra liabilities: The client can put extra work and liabilities outside of the agreed-upon contract, and that can result in frustration and a waste of your efforts.
- Legal troubles: Without an actual web design contract, you can’t prove you had an agreement in the first place, and there’s no legal recourse for you.
- Loss of money and time: If any dispute occurs, then you’re risking losing money and the most valuable asset – the time you put in working for that client.
How to Use a Web Design Contract Template (Written by a Lawyer)
So, how do you get past the issue of creating your own web design contract?
You use the super-easy web design contract I created here.
So you don’t need to worry about hiring an attorney or drafting your own.
My website design contract is easy to use, and you can have it customized and finished in 15 minutes or less.
I provide clear instructions on where to plug your web design business information in.
You also get instant access as soon as you purchase the template.
It’s a comprehensive legal template created with the best business practices in mind. The basic terms are easy to understand and help establish your business and legal relationship with your client.
Here’s what you get with this done-for-you legal solution:
- A detailed Website Design Contract that includes all the legalese you need to protect your business.
- A comprehensive legal template that’s going to protect you from all kinds of legal issues with running your freelance business.
- Drafted by an experienced lawyer who has more than 10 years of legal experience.
- It comes with easy idiot-proof instructions to customize the template based on your business in 15 minutes or less!
- Instant download so you can begin using the legal template right away!
- Lifetime access to free updates.
- Trusted by over 50,000+ bloggers, course creators, freelancers, my clients, and other business owners just like you!
- PLUS you’ll receive some incredible bonuses with it too!
Look at all the 100’s of 5-star reviews on my affordable legal templates on my Facebook business page.
Click here to grab this template plus receive 4 incredible bonuses worth $400 for free!
Join my Facebook group here for helpful business and legal tips on growing a successful business.
Watch my customer Michelle’s journey from a long, scary lawsuit to legally protecting her business.
FAQs on Web Design Contract
Below are answers to some common questions you may have about the web design contract and in general.
Is web design still in demand?
It is indeed!
The need for digital designers and web developers is expected to grow 13 percent from 2020 to 2030, per the Bureau of Labor Statistics.
Businesses everywhere rely on web designers and developers since almost every business in the world has a website.
How do you make a contract?
To make a contract, you need a template designed by an attorney that protects your business.
Hiring an attorney to draft a contract can be expensive, and if that’s what you want, you can book that service with me here.
My services are priced to sell, so I’ve kept them super affordable for business owners.
You don’t want to rely on a free contract to protect you.
I have legal contract templates for just about every online business (and brick-and-mortar ones) out there.
If you don’t see one that fits what you need in my legal store, you can schedule a call with me.
I can help you create a unique template that matches your business needs.
Related Post: Lawyer’s Guide to Form a Single Member LLC in Florida
Final Thoughts on Web Design Contract
Now you know what a website design contract is and how to use one for your web design business.
You know the essential elements each contract should have and what they entail.
You should check out my affordable, easy-to-customize web design contract agreement so you can get access to the awesome bonuses too!
And while we’re talking about legally protecting your business, do you know the three common website mistakes most entrepreneurs make?
Here’s a hint, there are three pages every website needs – a disclaimer, terms and conditions, and privacy policy.
You can purchase them at a discounted price in one of my most popular bundles, the Starter Legal Bundle.
DO YOU HAVE ANY QUESTIONS ON HOW TO USE A CONTRACT TEMPLATE?
OR HOW TO CREATE A WEB DESIGN CONTRACT FOR YOUR BUSINESS?
LET ME KNOW IN THE COMMENTS BELOW.
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