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Web Design Contract Killers – Steps to Fighting the HTML War

Posted on | December 2, 2009 | No Comments

Almost all web designers and design companies will want to establish a design contract with you to detail website “launch dates,” payment schedules, website ownership rights, and schedules for design approvals and updates.

Make sure to consider all liabilities with making your website work for your business, such as regular product updates, specific schedules for payments and processes for approving changes to the site.

One of the most important parts of a design contract is deciding the ownership rights. When a website is designed, the designers who worked on it might want to have copyrights to the content. This can be problematic in the future since a website designed specifically for your businesses’ needs can still technically belong to you.

This does depend specifically on the designer as well as the content – a designer may only want to retain ownership of certain design qualities of the site and not the content itself. In certain cases, your web hosting service might actually have ownership. Make sure to have all these details sorted out in the contract to avoid future headaches.

Also, keep in mind that after your website has been finished and published you may still require help with graphic design updating or even with using marketing tools in the future. In this case, keeping your original designer involved either through contractual requirement or retainer may be beneficial in the future.

In these cases, it can be very helpful to have contract guidelines that require strict turnaround times for service requests, updates, and technical help. Try to make sure the contract stipulates how the updating process works, such as when you should notify the designer of the change, how long they have to show you the updates, and how long the change will take to finish. These stipulations can help take the blame off of you if the service takes too long.

In cases where one of the two parties reneges on their obligations, proper compensation should be detailed before the designing actually begins. In cases where graphic design or detail oriented update schedules are of extreme importance, make sure to detail the specific costs so as to not get overcharged in the long run. In cases where a retainer or monthly allowance for design-work is required, make sure to include regular communication updates with your designer in the contract.

Overall, make sure that the design charges for all elements of the website process are well-documented. Most designers work on a payment schedule, where certain elements need to be finished before payment. However, this depends solely on how certain designers work – some designers charge by the hour, some charge by splitting the whole project into steps, and some charge depending on the design element. Many times the designer will need a retainer for initial services, and more charges will come depending on the website.

Sometimes, a designer will charge a lump sum for the whole process, like in the case of an Ecommerce web design. There can also be charges for initial changes and individual design projects such as logo creation and add-ons to the web pages.

Check the contract for simple guidelines as well as disclosures on web hosting, web mail, and search engine entries – many companies offer hosting capabilities included in their pricing, or if you expect to use a third party hosting site, expect to spend roughly $20 a month.

Overall, finding the right designer for your specific needs is more important than finding one who seems the most talented or well-reviewed. Your website can change the direction of your business, as well as increase business exposure and traffic, so taking the time to research potential agencies and designers can pay off in the long run.

David Liu is a writer and comedian based in San Diego, California. He writes extensively for Resource Nation, an online resource that provides expert advice on purchasing and outsourcing decisions for small business owners and entrepreneurs.

Resource Nation provides free tools, tips, and purchasing advice for business owners and entrepreneurs in over 100 business categories ranging from phone systems to credit card processing. Whether it’s connecting businesses with local and national pre-screened vendors, or offering easy service comparisons on a VoIP service, Resource Nation empowers business decision makers by providing the information they need to make smart choices.

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