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Essentials of drafting a website development agreement 

Many entrepreneurs still do not consider digital artifacts vital to their company’s overall strategy and end up in a self-made mess. Learn how you can avoid this.

We have seen that online presence is a game changing aspect in every business; you suddenly have access to a wider market and good clientele.

So even before starting a private limited company, a startup invests heavily in their digital assets like buying a domain name, building a app and most important setting up the website. But more often it has been observed that most founders are non-technical and hiring a good developer is a mammoth task for them which end up in an issue. Day in day out, you will find numerous post about people trying every nook and corner to look for a web developer who will offer them their dream identity in form of a website.

But in most of the cases the professionals makes it difficult for the client in terms of delivering the product in accordance to specifications and most important staying committed to the deadline. Now, what you can do to save yourself with all these problems.

Always safeguard your rights and have a legitimate contract with your service provider. The most appropriate agreement in this scenario will be website development agreement.

Let us now understand what you should add and what you must avoid while entering into such a contract.

Identify the parties precisely:

This is the primary task always ask for a valid identity proof in order to specifically ascertain the parties to contract, and add the necessary details in the agreement, this will help you to catch hold on to the party later on in case on any violation of any term of the agreement.

Specify the scope and provisions of services very specifically and diligently:

Always try to make a detailed annexure listing of each and every detail about you website functionality and its scalability test and delivery dates, although the software field is a creative field and sometimes the outcomes are not certain, still the fundamental standards in every field are more or less specified therefore, try list maximum features unambiguously.

Specify the cap of estimated payment and mode of payment:

Always mention the payment amount exactly in case any payment is made in advance, also for future payments, do mention the benchmarks be it in terms of delivery, timeline or product development stage. It is good in case the payment is made through electronic mode.

Define ownership of website clearly:

It is always advisable to clearly mark the agreement as work for hire agreement wherein you will hold all the rights be it intellectual property or any other proprietary development during the product development. Always buy domain name and other related things on your own name. Keep hold over all the passwords related to any section of the website and keep your control over the product. So that in case your developer seems to be a problematic person or abscond in between of the engagement you may swiftly move to a new one.

Specify termination and notice period:

Specify the termination clause very properly, include the clause for necessary knowledge transfer in case the developer leaves you in mid way the process should not hang you in between and the other person can take over the things conveniently.

Even today many entrepreneurs do not consider building digital artifacts vital to their company’s overall strategy and end up in a self-made mess. Remember your website, app or any other digital segment is integral to your brand. These precautionary measures can help you safeguard yourself from duping and unnecessary delays which are very common in todays market.

About the Author

Anu Sharma

Is a qualified Patent attorney. Founder & Director at Company360.in experts in Company Registration, Trademark Registration & Patent Services. A IIT KGP Alum, Beyond being a legal eagle she is an adventurous cook and loves exploring new cuisines. 

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Anu Sharma is Founder & Director at Company360.in (Experts in Company, Trademark & Patent Registrations). She is also IIT KGP alum beyond being a legal eagle she is an adventurous cook and loves exploring new cuisines.

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