Creating a Professional Web Developer Contract

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

Creating a professional web developer contract is essential for any web development project. Without an agreement, both clients and web developers can be at risk of losses without any means of resolution or compensation. To ensure that everyone involved has the utmost protection, the Genie AI team has put together a guide on how to create your own contract.

This guide is suitable for all levels; from those unfamiliar with legal documents to experienced professionals. With it, you will be able to outline the scope of work for the web development project, protect both parties’ interests in intellectual property and other rights, and provide a means for resolving future disputes quickly and fairly.

Firstly, it is important to understand what should be included in a web developer contract. As each project may have different demands and needs, contracts should be tailored accordingly - outlining tasks that the developer will complete as well as expectations such as deadlines or deliverables that are expected by the client. This helps to ensure that both parties have an understanding of what must be completed before beginning work on the project.

Additionally, there must also be terms written into the contract in order to protect both parties’ interests - such as ensuring that the client’s intellectual property rights are not infringed upon by either side or outlining how much payment will need to be made before commencement of work on the project. Furthermore, if any dispute arises between either party then there should also be clauses written into this agreement which outline how each disagreement can best be resolved quickly and fairly without any undue losses suffered by either side.

Finally, don’t forget about using our free templates! Combining thousands of data points from community-generated templates stored within Genie AI’s open source library not only increases accuracy but saves time too! After choosing your template from our vast selection crafted by highly qualified experts, you can customize it according to your needs while still maintaining high quality legal documents - completely free! Plus no Genie AI account is required - just click on read more below for our step-by-step guidance and information on accessing our template library today!

Definitions (feel free to skip)

Agreeing on the scope of the project: This phrase means to come to an understanding of the details of the project and what is expected of each party.

Setting the budget: Establishing an amount of money that is allocated for the project, as well as any additional costs associated with it.

Identifying the deliverables: Specifying the items that must be produced or completed as part of the project.

Outlining any additional services: Describing any extra work that may be necessary in order to complete the project.

Defining the payment schedule: Establishing when payments are due and the amounts that are to be paid.

Establishing any payment milestones: Dividing the project into stages and setting payment amounts for each stage.

Identifying start and end dates: Setting dates for when the project should begin and when it should be completed.

Clarifying any deadlines for the project: Setting dates by which certain tasks must be completed.

Defining the roles and responsibilities of both the client and the web developer: Outlining what each party must do in order to ensure the success of the project.

Determining who will own the copyright for the work: Deciding who has the legal right to the intellectual property created by the project.

Identifying any restrictions on the use of the work: Setting limits on how the product can be used and distributed.

Defining any applicable warranties: Establishing any guarantees relating to the quality and reliability of the product.

Identifying any applicable dispute resolution procedures: Setting out processes for resolving disputes in the event of a disagreement.

Establishing the process for resolving any disputes: Describing the steps that must be taken to address any disputes.

Identifying the liabilities of both the client and the web developer: Defining the risks associated with the project and who is responsible for them.

Setting out the conditions for testing the work: Establishing rules for testing the product before it is completed.

Finalizing the agreement and signing the contract: Making any necessary changes to the agreement and officially signing it.

Contents

• Defining the project and expectations
• Agreeing on the scope of the project
• Setting the budget
• Identifying the deliverables
• Outlining any additional services
• Establishing payment terms
• Defining the payment schedule
• Establishing any payment milestones
• Establishing the timeline for the project
• Identifying start and end dates
• Clarifying any deadlines for the project
• Identifying the responsibilities of the client and the web developer
• Defining the roles and responsibilities of both the client and the web developer
• Clarifying the copyright and intellectual property rights
• Determining who will own the copyright for the work
• Identifying any restrictions on the use of the work
• Identifying the warranty terms, if any
• Defining any applicable warranties
• Setting out the dispute resolution process
• Identifying any applicable dispute resolution procedures
• Establishing the process for resolving any disputes
• Agreeing on indemnification
• Identifying the liabilities of both the client and the web developer
• Establishing testing conditions
• Setting out the conditions for testing the work
• Signing the contract
• Finalizing the agreement and signing the contract

Get started

Defining the project and expectations

• List all parties involved in the project and establish their roles
• Outline the timeline of the project and expectations for completion
• Discuss any specific requirements or expectations for the project
• Review any additional resources or materials that will be necessary for the project
• Establish payment details and agreement
• Create a contract that outlines the project and expectations

Once all of the above has been established, you can move on to agreeing on the scope of the project.

Agreeing on the scope of the project

• Create a list of the specific tasks and deliverables that the web developer is expected to complete as part of the project
• Discuss and agree on the timeline for the project and the individual tasks
• Make sure that both parties understand the scope and parameters of the project, and that no further tasks will be added without prior agreement and additional payment
• Agree on the method and frequency of communication throughout the project
• Create and sign an official contract with the scope of the project, timeline and payment details included
• Once both parties have signed the contract, the scope of the project has been agreed upon and you can move on to the next step.

Setting the budget

• Discuss the budget with the client, including total cost, payment schedule, and any additional expenses for extra features not included in the scope of the project
• Negotiate terms and conditions if needed
• Set a budget for the project, taking into account the scope of work, timeline, and any other factors that may affect the cost
• Confirm the budget with the client, including the payment schedule
• Record the budget in the contract, including any additional expenses for items not included in the original scope of the project
• When you have reached an agreement with the client, you can check this step off your list and move on to the next step.

Identifying the deliverables

• List out the specific deliverables that are expected in the contract
• Be as detailed as possible, and include information such as expected deadlines for each deliverable
• Ensure that the deliverables are achievable and realistic in the time frame given
• Once all of the deliverables have been listed, this step can be marked as complete.

Outlining any additional services

• Consider any additional services that the client may require, such as ongoing maintenance, bug fixing, or content updates
• List any additional services the client may require and their associated costs
• Outline how any additional services will be provided, including turnaround times and milestones
• When all additional services have been outlined, you can check this step off your list and move on to the next step: Establishing payment terms.

Establishing payment terms

• Establish payment terms in the contract, such as a flat fee, hourly rate, or retainer
• Include a clause on when payment is due and what happens if payment is not received
• Specify in the contract if the payment will be made in installments or all at once
• Include a clause on what happens if the project is terminated before completion, and if any payments are refundable
• Make sure you are clear on the methods of payment that are accepted
• When you are satisfied with the payment terms, you can move on to the next step of defining the payment schedule.

Defining the payment schedule

• Decide if the payment should be done in one lump sum or in installments
• Set a timeline for when the payments should be made
• Include language that clarifies if any payments are late, and how late fees will be handled
• Specify how much each payment should be, as well as when each payment is due
• Outline the payment method and how it should be completed
• Once the payment schedule is finalized, include it in the contract and both parties should sign off on it
• You can check this off your list and move on to the next step once the payment schedule is agreed upon and included in the contract.

Establishing any payment milestones

• Discuss the payment milestones with the client and add them to the contract.
• Make sure the milestones are related to the scope of work and are achievable.
• Agree on a timeline for each milestone.
• Include the payment amount for each milestone.
• When all the payment milestones have been agreed upon, add them to the contract.
• Check that the milestones are reasonable and the expected payment amounts are in accordance with the scope of the project.
• Once you and the client have agreed on all payment milestones, you can move on to the next step.

Establishing the timeline for the project

• Agree on a timeline for the project and all associated tasks
• Determine a start date and end date for the project
• Discuss any deadlines for the project, such as when work needs to be completed by
• Decide how often you’ll communicate with each other throughout the project
• Outline any changes to the timeline that will require discussion and agreement
• Set out expectations for how any delays or changes in scope will be handled
• Have both parties sign off on the timeline and any agreed upon changes

When you can check this off your list and move on to the next step:
When both parties have agreed to the timeline and any changes and have signed off on it.

Identifying start and end dates

• Determine the start date of the project by mutually agreeing on a timeline between the web developer and client
• Specify the date in which the development project must be completed by
• Make sure that both parties are in agreement to the timeline that was established
• Once the start and end dates have been agreed upon, the web developer contract should be updated to reflect the identified timeline
• Both parties should sign and date the contract to finalize the agreement

How you’ll know when you can check this off your list and move on to the next step:

• Once both parties have signed and dated the contract, you can move on to clarifying any deadlines for the project.

Clarifying any deadlines for the project

• Clearly define any deadlines for the project in the contract, including the date of completion and any necessary milestones along the way.
• Outline any penalties or incentives if the deadline is not met.
• Make sure the client and web developer agree on the timeline and any deadlines.
• Once the timeline and deadlines are agreed upon and included in the contract, this step is complete.

Identifying the responsibilities of the client and the web developer

• Draft a document outlining the scope of the project, the roles and responsibilities of the client, and the roles and responsibilities of the web developer
• Ask the client for feedback on the project scope, timeline, and payment terms
• Negotiate changes to the project scope, timeline, and payment terms if needed
• Have the client sign off on the draft document
• You can check this off your list when the client has signed off on the draft document.

Defining the roles and responsibilities of both the client and the web developer

• Clarify the scope of the project and the timeline for completion
• Define the roles and responsibilities of both the client and the web developer
• Outline the expectations for communication and feedback
• Establish how changes to the project will be handled
• Establish a payment plan and the terms of payment
• Specify the process for dispute resolution
• Specify the process for feedback and changes
• Clarify the process for revising and updating the contract

You’ll know you can move on to the next step when you have clarified the roles and responsibilities of both the client and the web developer and outlined all expectations for communication and feedback.

Clarifying the copyright and intellectual property rights

• Discuss who will own the copyright for the work, including any components that are transferred or licensed to the client
• Determine who will own the intellectual property rights and any future modifications to the work
• Specify if the web developer retains any rights to the work, such as being able to use the work in portfolio pieces
• Include a statement that the web developer waives all moral rights to the work
• Check that the contract accurately reflects all parties’ agreements regarding copyright and intellectual property rights

Once all agreements regarding copyright and intellectual property rights have been made and included in the contract, you can move on to the next step.

Determining who will own the copyright for the work

• Review the terms of the contract to determine who will own the copyright for the work being produced.
• Identify the parties involved in the contract and negotiate the terms of the copyright.
• Determine who will have exclusive rights to the work and who will have non-exclusive rights.
• Outline the rights of each party in relation to the work, including the right to modify, reproduce, and redistribute the work.
• Define the length of the copyright and who will be responsible for its renewal.
• When the terms of the copyright are agreed upon, include it in the contract.

How you’ll know when you can check this off your list and move on to the next step:
Once the terms of the copyright have been determined and included in the contract, you can move on to the next step of identifying any restrictions on the use of the work.

Identifying any restrictions on the use of the work

• Read through the contract and identify any restrictions on how the work will be used
• For example, the contract may specify that the work must not be used for any commercial purposes
• Make a list of any restrictions and include them in the contract
• Once you have written down all the restrictions, you can check this step off your list and move on to the next step.

Identifying the warranty terms, if any

• Review the contract to determine if any warranties are expressed in the agreement
• Determine if any warranties are implied in the agreement
• When applicable, determine the duration of the warranty expressed or implied in the agreement
• Specify the warranty terms and conditions in the contract
• When the warranty terms and conditions have been specified, the step can be completed and you can move on to the next step.

Defining any applicable warranties

• Understand the applicable warranties that may be included in the contract.
• Identify any warranties for the developer’s services or the website itself.
• Outline the warranties in the contract in clear and specific language.
• Ensure that the warranties are applicable to the services and/or products that are being provided by the developer.
• Include a clause in the contract that states that any warranties are limited and subject to any laws that are applicable in the state or country in which the contract is being signed.
• When finished, make sure to review the warranties to make sure that they are in accordance with the agreement and that all parties involved are aware of their responsibilities.

You can check this off your list and move on to the next step when you feel that you have outlined the warranties in a clear and specific way and that all parties involved are aware of their responsibilities.

Setting out the dispute resolution process

• Consider the applicable law for dispute resolution - will the contract be governed by domestic or international law?
• Include a clause that states the parties will attempt to resolve any dispute amicably.
• Include a clause that states the parties agree to enter into binding arbitration or, if necessary, court proceedings.
• Specify the venue of the proceedings and any applicable laws or regulations.
• Ensure both parties agree to bear their own costs of arbitration or court proceedings.
• When all of the above has been included, the dispute resolution process can be considered complete and the next step can be taken.

Identifying any applicable dispute resolution procedures

• Research applicable dispute resolution procedures relevant to the contract such as arbitration, court proceedings, or mediation
• Depending on the jurisdiction, consider including a clause that allows either party to pursue an alternate dispute resolution procedure
• Determine whether any legal fees will be paid by one party or split between both parties
• Make sure any dispute resolution procedure is compliant with applicable laws and regulations
• Once all applicable dispute resolution procedures have been identified and included in the contract, this step is complete and can be checked off the list.

Establishing the process for resolving any disputes

• Decide how any disputes between the parties involved in the contract should be resolved.
• Determine if the parties prefer to use mediation or arbitration for dispute resolution.
• Consider including a clause that requires the parties to come to a resolution through negotiation before taking legal action.
• Agree on whether the parties will need to go to court if they can’t come to a mutual agreement.
• Outline the steps that will be taken if a dispute occurs.

You can check this off your list and move on to the next step once the parties have agreed on a dispute resolution procedure.

Agreeing on indemnification

• Agree on who is responsible for any losses that may arise due to a breach of contract.
• Determine which party is liable for legal fees if a dispute arises.
• Discuss the circumstances under which one party can be held liable for errors or omissions.
• Specify which party will be responsible for any damages caused by their negligence.

When you can check this off your list:

• When both parties have agreed on the indemnification terms and it is added to the contract.

Identifying the liabilities of both the client and the web developer

• Ensure that both parties understand the scope of the project and the payments associated with it
• Take time to understand any additional liabilities the client or web developer may have
• Outline the liabilities of the client in the agreement, such as providing all necessary materials, approving project stages and paying fees on time
• Outline the liabilities of the web developer, such as designing the website, hosting the website and making necessary updates
• Make sure to document any expectations for the project and the roles of each party

When you can check this off your list:

• Once you have identified, documented and agreed upon the liabilities of both the client and the web developer, you can move on to the next step.

Establishing testing conditions

• Set out the conditions for when the client and web developer can test the work
• Agree on the conditions for when the work can be tested by both the client and the web developer
• Specify the testing process and the timeline for when the testing should be completed
• Outline the steps for when the web developer and client need to be available for testing
• Decide on the criteria for when the work is considered to be tested and approved
• Agree on how the client and web developer will communicate during the testing process
• Specify the timeline for when the work should be completed
• Once all of the above steps have been agreed upon and documented, the testing conditions will be established and the client and web developer can move on to the next step.

Setting out the conditions for testing the work

• Set out the conditions for testing the work in the contract, including details about the duration of testing, the types of tests, and who is responsible for carrying out the tests
• Ensure that the conditions for testing the work are clearly laid out in the contract, are legally binding, and are comprehensive enough to cover all aspects of the project
• If applicable, include a clause in the contract that details how any changes requested during the testing process will be handled
• When all of the testing conditions are laid out in the contract and are agreed upon by both parties, you can check this step off your list and move on to signing the contract.

Signing the contract

• Have both parties sign the contract
• Make sure to include the date when both parties signed
• Provide copies of the signed contract to each party
• Once both parties have signed and provided copies, the contract is officially in effect
• Make sure to securely store a copy of the signed contract for future reference
• Check off this step and move on to the next step: Finalizing the agreement and signing the contract

Finalizing the agreement and signing the contract

• Ensure that both parties have read and agree to the terms in the contract
• Make sure that any changes that were agreed upon have been included in the final version
• Have both parties sign and date the contract
• Both parties should keep a copy of the contract for their records
• Once the contract has been signed, you will have a legally binding agreement in place
• Check this step off your list and move on to the next step!

FAQ:

Q: Do I need a contract if the web developer is based in the UK?

Asked by Emma on April 1st 2022.
A: Generally speaking, if you are engaging with a web developer who is based in the UK and you are entering into an agreement for services then it is best practice to have a contract in place. Even though there may not be a legal requirement to do so, having a contract in place helps to ensure that both parties understand the scope of the service being provided and can help to avoid disputes further down the line. It also ensures that both parties know the conditions under which they can terminate the agreement, should that become necessary.

Q: What are some key points I should consider when creating a professional web developer contract?

Asked by Andrew on June 15th 2022.
A: When creating a professional web developer contract, there are several key points that you should consider. Firstly, you should ensure that both parties are clear on the scope of services that is being provided and any associated deadlines. Secondly, you should think about what payment terms will be included in the agreement and whether any additional costs may be payable. Thirdly, you should consider any intellectual property rights that may be included in the agreement and what obligations either party has with regard to them. Finally, it is important to include provisions around termination of the agreement and any associated liabilities or obligations.

Q: Are there any differences in terms of contracts for web development between UK and EU jurisdictions?

Asked by Abigail on February 26th 2022.
A: There can be some differences between UK and EU jurisdictions when it comes to contracts for web development services. For example, in some EU jurisdictions, such as France or Germany, there may be additional regulations or laws relating to data protection which must be taken into account when creating a contract for web development services. Additionally, there may be different rules relating to intellectual property rights which could affect how these rights are handled in a contract for web development services. It is therefore important to take into account any local laws or regulations when creating a contract for web development services in different jurisdictions.

Q: What if I am providing services as a web developer under a SaaS business model?

Asked by William on March 9th 2022.
A: If you are providing services as a web developer under a SaaS (Software as a Service) business model then it is important to ensure that your contract reflects this fact. This means ensuring that any intellectual property rights associated with your services are clearly defined and that all other obligations related to your services are clearly set out. Additionally, you should consider what restrictions may be imposed by your customer’s own service agreements and make sure they are taken into account when drafting your own contract. Finally, you should ensure that any payment terms reflect the nature of a SaaS service and are fair and reasonable for both parties involved.

Q: What if I need additional help after signing the contract?

Asked by Sarah on January 12th 2022.
A: If you need additional help after signing the contract then it is important to ensure that this is provided for in the contract itself. This could include provisions around additional costs or fees if more time or assistance is needed beyond what is outlined in the initial agreement. Additionally, you should make sure that you have agreed upon an appropriate dispute resolution procedure so that any disputes which arise can be dealt with promptly and fairly. It is also important to ensure that both parties have access to legal advice if needed so that their interests can be properly protected throughout the entire process.

Example dispute

Suing a Web Developer for Breach of Contract

• Plaintiff must have evidence that they entered in a legally binding contract with the web developer.
• Plaintiff must show that the web developer did not fulfill their obligations as outlined in the contract, and thus breached it.
• Plaintiff must show that they were damaged in some way as a result of the breach of contract, such as through lost profits, increased costs, or other financial losses.
• Plaintiff may bring a claim for breach of contract, seeking damages and/or equitable remedies such as specific performance or rescission.
• Plaintiff may also be able to seek punitive or exemplary damages in some cases.
• In order to calculate damages, the plaintiff must be able to demonstrate the extent of their losses.
• Settlement of the dispute could involve the web developer agreeing to perform the services as outlined in the contract, or paying damages to the plaintiff.

Templates available (free to use)

Web Developer Contract
Web Development Contract Customer Friendly

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