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Website Development Contract

Website Development Contract Template for Germany

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Key Requirements PROMPT example:

Website Development Contract

"I need a Website Development Contract for an e-commerce platform development project starting March 2025, including maintenance terms and payment structure for a phased delivery over 8 months, with specific provisions for GDPR compliance and third-party payment gateway integration."

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Document background
The Website Development Contract is essential for businesses and organizations engaging professional developers to create or substantially redesign their web presence under German law. This agreement is particularly crucial in today's digital economy where web presence is fundamental to business operations. The contract should be used whenever commissioning website development services in Germany or under German jurisdiction, as it incorporates specific requirements from the German Civil Code (BGB), data protection laws (GDPR and BDSG), and digital service regulations (TMG). It provides comprehensive coverage of project specifications, intellectual property rights, payment terms, acceptance criteria, and warranty provisions while ensuring compliance with German legal standards. The document is structured to protect both parties' interests while facilitating a clear understanding of project deliverables and responsibilities.
Suggested Sections

1. Parties: Identification and details of the contracting parties - the developer and the client

2. Background: Context of the agreement and general purpose of the website development project

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of the website development services to be provided

5. Project Timeline and Milestones: Specific deadlines, delivery dates, and project phases

6. Client Obligations: Responsibilities of the client, including provision of content and timely feedback

7. Developer Obligations: Responsibilities and commitments of the developer

8. Acceptance Testing: Procedures for testing and accepting deliverables

9. Payment Terms: Fee structure, payment schedule, and invoicing terms

10. Intellectual Property Rights: Ownership and licensing of website components and source code

11. Data Protection and Privacy: GDPR compliance and data processing obligations

12. Warranties and Representations: Guarantees regarding the quality and compliance of the work

13. Liability and Limitations: Extent and limitations of liability under German law

14. Term and Termination: Duration of the agreement and termination provisions

15. Force Majeure: Provisions for unforeseen circumstances and their handling

16. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

17. General Provisions: Standard legal clauses including severability and entire agreement

Optional Sections

1. Website Maintenance and Support: Terms for ongoing maintenance and support services after launch - include if post-launch services are required

2. Service Level Agreement (SLA): Performance metrics and response times - include for complex projects or when specific performance guarantees are needed

3. Third-Party Services and Integrations: Terms regarding third-party tools and services - include if the website requires external integrations

4. Content Management: Terms regarding content creation, management, and updates - include if content services are part of the scope

5. Training and Documentation: Terms for user training and system documentation - include if client training is required

6. Security Requirements: Specific security standards and measures - include for websites handling sensitive data or requiring specific security levels

7. Accessibility Compliance: Specific accessibility requirements under BITV 2.0 - include for websites requiring strict accessibility compliance

Suggested Schedules

1. Technical Specifications: Detailed technical requirements, features, and functionality of the website

2. Design Requirements: Visual design specifications, branding guidelines, and mockups

3. Project Timeline: Detailed project schedule with specific milestones and deadlines

4. Payment Schedule: Detailed breakdown of payments linked to project milestones

5. Testing Procedures: Detailed acceptance testing criteria and procedures

6. Data Processing Agreement: GDPR-compliant data processing terms and procedures

7. Service Level Agreement Details: Detailed performance metrics and service levels if applicable

8. Third-Party Licenses: List and terms of third-party software and services to be used

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance Criteria
Acceptance Testing
Agreement
Backend
Business Day
Change Request
Client
Client Materials
Confidential Information
Content Management System (CMS)
Data Protection Laws
Developer
Development Environment
Documentation
Effective Date
Final Acceptance
Force Majeure
Frontend
Go-Live Date
Hosting Services
Intellectual Property Rights
Milestone
Personal Data
Production Environment
Project Plan
Project Timeline
Services
Site Architecture
Source Code
Specifications
Staging Environment
Support Services
Third-Party Materials
User Acceptance Testing
User Interface
Website
Website Components
Work Product
Clauses
Scope of Services
Project Management
Acceptance Testing
Payment Terms
Intellectual Property Rights
Data Protection
Confidentiality
Service Levels
Change Management
Client Obligations
Developer Obligations
Warranties
Liability
Force Majeure
Term and Termination
Testing and Acceptance
Documentation
Training
Maintenance and Support
Security Requirements
Hosting Services
Third-Party Services
Dispute Resolution
Assignment
Subcontracting
Insurance
Notice
Severability
Entire Agreement
Governing Law
Accessibility Compliance
Content Management
Performance Standards
Quality Assurance
Risk Allocation
Relevant Industries

Information Technology

E-commerce

Digital Services

Retail

Professional Services

Healthcare

Education

Financial Services

Manufacturing

Media and Entertainment

Tourism and Hospitality

Non-profit Organizations

Government and Public Sector

Relevant Teams

Legal

Information Technology

Digital

Procurement

Operations

Marketing

Compliance

Finance

Business Development

Project Management

Relevant Roles

Chief Technology Officer

IT Director

Digital Project Manager

Legal Counsel

Procurement Manager

Website Developer

Technical Lead

Digital Marketing Manager

Compliance Officer

Contract Manager

Business Development Manager

Operations Manager

Chief Digital Officer

Chief Information Officer

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Primary source for contract law, including provisions on service contracts (Dienstvertrag) and contracts for work (Werkvertrag), formation of contracts, and general terms and conditions
EU General Data Protection Regulation (GDPR): Regulations governing the processing and protection of personal data, which must be considered in website development and operations
German Copyright Act (Urheberrechtsgesetz - UrhG): Governs intellectual property rights for creative works, including website design, code, and content
Telemedia Act (Telemediengesetz - TMG): Regulates electronic information and communication services, including website operator obligations and liability
German Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb - UWG): Relevant for website content and marketing practices, ensuring fair competition and proper business conduct
Accessibility Ordinance (Barrierefreie-Informationstechnik-Verordnung - BITV 2.0): Sets requirements for barrier-free website design and accessibility standards
Price Indication Regulation (Preisangabenverordnung - PAngV): Relevant if the website includes pricing information or e-commerce functionality
Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG): National data protection law complementing GDPR, with specific German requirements
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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