Web Design Contract Sample

Hi all,

I am Just Curious about the Sample Website Design Agreement that comes with the Web Design Business Kit and i have couple of Questions regarding it before i go ahead of using it and getting it confirmed by a lawyer friend of mine

in the sample contract there is a Line saying this

(Web development company name) will take the following steps to ensure the security of the Facilities (insofar as the use of (Web development company name)'s systems and the Means of Access are concerned):

a) ensuring that no passwords are stored in easily recognizable form on
(Web development company name)'s own systems in circumstances where a breach of (Web development company name)'s own internal security may reveal them;

b) ensuring that only those employees and contractors of (Web development company name) who are required to access the Facilities using (Web development company name)'s systems and the Means of Access are able to do so;

c) ensuring that the Facilities are not capable of being accessed by a system or user, which transits (Web development company name)'s own systems, except as permitted by this Agreement.

  1. The Customer indemnifies (Web development company name) against any loss or damage arising directly or indirectly from any unauthorized use of the Facilities to which (Web development company name) has been granted remote access, provided that such unauthorized use has not arisen as the result of any material breach by (Web development company name) of its own obligations under Clause 10 of this Agreement.

What do those lines mean do they mean if i access the clients hosting account without permsiion im not allowed and no passwords are easily reconisable what does it mean by that? in paper or having a record of it on file?

How would you keep a record of a clients account details?

I am also assumming that on line 11 it means that if the website no longer functions or the client can indenifies me so basically if somthing goes wrong i will have to reimburse them if somthing goes wrong with their website or hosting if the hosting is included in the propsoal?

Another thing i would like to discuss is this

If the Customer fails to pay any invoice by the due date for payment, then without prejudice to (Web development company name)'s rights under this Agreement, the Customer shall also pay (Web development company name) interest on the outstanding amount at the rate of 2% per month.

Instead of it being per month would it be better to be per week?

Along with the assitances and Facilities what does it mean by this

The Customer will provide (Web development company name) with all reasonable assistance and facilities free of charge (including without limitation of the Means of Access and the other Items referred to in the Schedule, office facilities, and liaison with the necessary officers and employees of the Customer) in order to permit (Web development company name) to efficiently provide the Services.

Why would the customer Charge for this it doesnt really make any sense?

Those are all i have to Ask for now,

I hope someone can answer some of these?

Basically, when the client gives you their site’s passwords, you agree to store them so they cannot be read by unauthorised parties. So don’t leave them lying around on bits of paper - preferably store them in an encrypted password manager. If they are stored in an online database, make sure they are encrypted and not in plain text.

Assuming you’ve done that, clause 11 tells the client you are not liable for any intrusions on their server.

Instead of it being per month would it be better to be per week?

2% per week works out at quite a high APR! You’ll probably be limited by law on how much interest you can charge. TBH, it’s better to work on ways to encourage quick payments, such as a reduction in the invoice if paid by a certain date. Also consider some clients may always pay late but still be good clients, so penalising them for being a couple of weeks late seems counter productive.

Why would the customer Charge for this it doesnt really make any sense?

No idea, this contract seems full of unnecessary legal waffle :eek: Contracts should be simple and in plain English and kept as short as possible. You have a lawyer friend, so I suggest you use that friendship and get a nice short contract drawn up that both you and your client can understand :slight_smile: