Sample Web Design Contract by Mark Brumley

Below you will find a sample web design contract. I personally use this as a guide for all of my jobs. Feel free to copy and paste what you need. Make sure you do a "find/replace" to change the company name.

This contract has never been contested legally and I assume no responsibility for how the content is treated by the law. If you are concerned, please have a lawyer review your contracts. That being said, this contract has worked well for me a Web Design of Austin

WEBSITE DESIGN AGREEMENT

Web Design of Austin's desire is to completely satisfy the client. One way is to make clear our understandings with each other. These are the terms of our agreement together:

Authorization. The above-named client is engaging Web Design of Austin, a Sole Proprietor, located at (Your address here) as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on the client's web space on a web hosting service's computer. The client hereby authorizes Web Design of Austin to access this account, and authorizes the web hosting service to provide Web Design of Austin with "write permission" for the client's webpage directory and any other directories or programs which need to be accessed for this project. The client also authorizes Web Design of Austin to publicize their completed website to Web search engines, as well as other Web directories and indexes.

Website Package Elements. This project is an advanced website package. Project will include the following elements:

Put your package elements here.

Package Additions and Modifications.

Logo Design

Not Included. Items discussed in client meeting but not included in this contract and requiring a separate agreement.

Put not included items here...

Text. Text supplied by the client and must be sent in Word document. Each webpage requires a separate Word document.

Links. Client will supply links to external pages, as needed.

Graphics. All graphics to stay within general look and feel of the site and to be subject to Client's approval which approval shall not be reasonably withheld. Photos and other misc. graphic images must be supplied by client. Graphics not supplied by client and purchased from companies such as iStockPhoto.com will be charged at photo cost plus image editing fee. (PUT YOUR PRICE) This will be added to the package price of the site.

Model Release. If client uses his/her own images, it is the sole responsibility of the client to obtain model releases and any other licensing agreements from models and/or photographers.

Installation. Web design of Austin will install all webpages on the client's established web hosting service or Netspeed Hosting. All server technical issues are to be handled by client's web hosting company unless otherwise noted amongst all parties.

Access. Web Design of Austin will require username and password to the client's web hosting account. All information will be held strictly confidential during the term and thereafter.

Maintenance and Hourly Rate. During site development, minor updates and changes will be carried out subject to the limits outlined below. Additional changes billed at hourly rate.

This agreement includes minor webpage maintenance to regular webpages over a two week period, including updating links and making minor changes to a sentence or paragraph. If the client or an agent other than Web Design of Austin attempts updating the client's pages, time to repair webpages will be assessed at the hourly rate, and is not included as part of the updating time. The two week maintenance period commences upon the date the client's web site is officially published to the web.

Changes requested by the client beyond those limits billed at the hourly rate of (PUT YOUR RATE). This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, webpage design, editing, Flash animation design or re-design, modifying product pages and databases in an online store, and art, photo, graphics services. PHP programming charges (if any) are not included in this rate.

After the two week period is over, the Maintenance Agreement, described below, will be in effect.

Maintenance Agreement. No maintenance agreement requested.

Search Engines. Site will be submitted to all major search engines.

Web Hosting. 12 Months hosting with Netspeed Hosting included. Client will need to sign up with Netspeed Hosting and pay for 12 months of hosting. Web Design of Austin will credit this amount to the price of the web design package. After 12 month period, client must renew hosting subscription or subscription will end.

Completion Date. Web Design of Austin and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website in a timely manner.

Payment of Fees. Fees to Web Design of Austin are due and payable on the following schedule: 50% upon signing this contract, 50% due over 12 months when the webpages have been constructed and proofed according to the client's original written specifications unless other arrangements have been agreed upon.

In case the client has not secured Web space on a web hosting service by the time the webpages are completed, the webpages may be delivered to the client on disk or attached to an e-mail message.

Legal. Web Design of Austin does not warrant that the functions contained in these webpages or the Internet website will meet the client's requirements or that the operation of the webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the webpages and website is with client. In no event will Mark Brumley, Web Design of Austin be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, even if Web Design of Austin has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyrights and Trademarks. The client represents to Web Design of Austin and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Web Design of Austin for inclusion in webpages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Web Design of Austin from any claim or suit arising from the use of such elements furnished by the client.

Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Web Design of Austin and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

Copyright to Webpages. Copyright to the finished assembled work of webpages produced by Web Design of Austin is owned by Web Design of Austin. Upon final payment of this contract, the client is assigned rights in perpetuity to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Web Design of Austin retains the right to display graphics and other Web design elements as examples of their work in their portfolios.

Payment of fees. In order for Web Design of Austin to remain in business, payments must be made promptly. Delinquent bills will be assessed a $25 charge if payment is not received within 10 days of the due date. Web Design of Austin reserves the right to remove webpages from viewing on the Internet until final payment is made. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency and the website will be "turned off from public viewing with a Splash Page stating that the web site is undergoing routine maintenance. Any statement from the client that payment will not be made in the future, then Web Design of Austin reserves the right to "turn off " the web site at any given time past the actual due date. If an amount remains delinquent 60 days after its due date, all files will be removed from the server and no duplication rights or usage will be granted. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This Agreement becomes effective immediately upon web site publishing and clients are encouraged to read Agreement terms carefully and thoroughly and ask questions to Mark Brumley, Web Design of Austin if they should arise. Regardless of the place of reading / signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Travis County, Texas, and any dispute will be litigated or arbitrated in Travis County, Texas. Please pay on time.

16. Sole Agreement. The agreement contained in this "Web Site Design Agreement" constitutes the sole agreement between Mark Brumley, Web Design of Austin and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for 12 months after all parties sign this contract. Continued services after that time will require a new agreement.

Initial Payment and Refund Policy.

The total amount of this Agreement is $$$$.

This agreement begins with an initial payment of $$$$.00

If the client halts work and applies by registered letter for a refund within 30 days, to the Sole Proprietor of Web Design of Austin, ADDRESS HERE, Phone - 555-555-5555, work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract. The above also applies to upfront hosting fees. No refunds for hosting will be made after 30 days.

The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.

On behalf of the client (authorized signature):

Put a signature line for you as well.