WEBSITE DEVELOPMENT AGREEMENT
- Jan 18, 2023
- 3 min read
Written by Sudipta Bandyopadhyay, Lawyer
Whether running its business online or offline, every company needs good face value and marketing. These days every business possesses a website domain. At first glance, one can have a good or bad idea about the organizations through the website. So, they need expert people for website development. IT industries are a great help for such works. Some website developers apply their skills to develop the website through their start-ups. E-commerce is a good example to show the application of website development services. A well-built webpage wins customers' taste when there is tough competition between e-commerce platforms to engage customers. Website developers do programming, coding, and other technical things to prepare a good website or web pages. A properly drafted Website Development Agreement is a legal way to avail of website development services.
Essential Clauses of the Website Development Agreement:
The names of the parties are to be mentioned in the agreement. Along with the registered addresses of the companies. The IT company that provides their employees to work as webpage creators are known as "Web Developer.” The Web Developer provides service to the company. The latter one is referred to as “Company.”
The purpose should be clearly stated in the agreement. The pattern of work by the developer has to be mentioned. Both parties will acknowledge all the clauses mentioned in it. The purpose can be preparing the website, or webpage, creating a domain, or web hosting. All the details are to be mentioned in the agreement.
The Web developer shall develop the company's website on the developer's server. The developer shall provide service for maintenance to the company's website for the time mentioned in the agreement.
The Web developer must keep a backup of all the work done. After the tenure of the agreement ends, the developer has to return all the documents and data of the company which were required to create the webpage.
The Web developer shall also help the company’s members provide authorized access to audits or any other inspection by providing user IDs and passwords.
The web developer has to design the website according to the information and requirements provided by the company.
The web developer must show the plan or graphics of their working pattern to the “Company.”
The web developer is not authorized to add offensive materials to the websites.
The web developer can go live with the webpage or web hosting with the company's approval.
The web developer must make a detailed invoice for website hosting and creation and duly submit it before the company.
The web developer is not an employee of the company. So, developers are not bound by the rules and regulations of the company.
Both parties must keep their promises with the payment methods described in the agreement.
If there is any delay in completing the project, the web developer must inform the company. If there is a need for further financial investment, the web developer must inform the “Company” with detailed invoices. The web developer can proceed with the pending work when the company approves.
The developer must keep all the private data of the company confidential.
Intellectual Property Rights are to be protected by both parties. It means that the copyright, trademark, and patents are to be protected from third-party infringement. The developer cannot use the company’s IP rights for personal profit. The company cannot allow third-party infringement with the tools used by the developer.
If any party is responsible for any third-party infringement, then the other party can proceed with a legal suit for compensation.
If both parties fail to abide by the clauses mentioned in the agreement, then any party can terminate the agreement by sending a notice within a stipulated period.
The agreement will get terminated at the end date, as mentioned in the agreement.
Both parties can opt for arbitration proceedings if disputes are not settled between them.
Agreements are incomplete without the signatures of the parties. The parties must read and sign the document.
Conclusion:
Every day, technology is changing. All IT industries, companies, and start-ups are racing to be the best. Non-IT companies and government organizations rely upon IT companies. Software technologies are related to Intellectual Property Rights. They need security and protection. The website development agreement is a secure way to protect and preserve all IP rights and paves the way for good business.
References:
Taxosmart, Website Development Agreement (Taxosmart)
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