Our web design and development contract is designed to provide flexibility for web developers. It can be used for a wide range of projects and technology types. For example, the agreement takes account of the possibilities that the developer may be using third party (including open source) software to create the website and/or that the developer may be using its own framework code in the website.
One of the key issues in any web development agreement is the treatment of intellectual property rights. Three different clauses are provided to cover the treatment of these rights. First, the intellectual property rights may be assigned to the customer, subject to a carve-out for rights owned by third parties and the customer’s own materials. Second, these rights may be licensed to the customer. Third, the rights may be subject to a mixed assignment and licence. In each case third party rights and customer rights are subject to separate treatment.
The documents in this pack are primarily concerned with the relationship between a web design and development business and its customers. The business may be a sole trader, a partnership or a limited company.
With respect to the web design and development documents, the “agreement” style documents are designed for use where the parties may want to negotiate the legal terms, whereas the “terms and conditions” style documents would typically be imposed on clients without negotiation. Each style of document comes in long, medium and short length versions.
This bundle includes:
- provisions dealing with the conduct of the web development project
- acceptance of the web application
- client cooperation
- licensing or assignment of rights in the web application
- third party rights
- customer materials
- warranties relating to the application
- termination and effects of termination
- limitations of liability, indemnities and similar matters
