Website Development Services Agreement

Feb 10, 2023
3 min read

Written by Sudipta Bandyopadhyay, Advocate

Introduction:

People mostly prefer online purchases when festivals are knocking on the door. Amazon, Flipkart, Myntra, and others compete to conquer the market. Users want hassle-free digital purchases. Companies need to develop their website to attract customers. Giant companies hire professionals to develop their websites. These developers and the companies agree to work together.

Need for website development:

Some files are stored on servers that computers refer to as Websites. Browsers like Google Chrome and Internet explorers load websites through the Internet. As software programs get updated on our mobile phones, the website also needs to be upgraded. Website development includes web markup and coding. It also includes client-side scripting, server-side scripting, network security configuration, and CMS (content management system).

A website design not only gives a good look, but its registered trademark and IP address protect the users from getting cheated by fake web pages. Goodwill brings the customer to the shop or digital shop. A developer designs a client's website in keeping pace with fast-changing technologies.

Privileges of Website Development Service Agreement:

Figures out the terms between "Client" and "Developer" and their relation:

Suppose "A" is a company that holds a website, and "D" is the website developer organization. Here "A" is referred to as the client and "D" as the developer. A can hire "D" to develop their website only after signing the Website Development Service Agreement. Here "D" works as an Independent Contractor. That means he is not an employee of that company. He need not follow company guidelines but must complete the required project following the clauses written in the agreement mentioned above.

The agreement should mention the details of the parties. Details include name, address, and job profiles.
The agreement's purpose is to design and service the website, which shall be presented in the agreement.
Clients must specifically mention their goals on their websites.
Cookies are essential factors for both clients and users. While developing a website, both the client and developer must keep these legal requirements in mind. A cookie is a small text file. It collects information about the user's name, password, email, etc. The EU has made it mandatory to show "Cookie" messages on the website. It is done to inform the user about the collection of personal data by the website. According to Article 5(3) of the E-Privacy Directive (2002/58/EC) as amended by the Citizens Right Directive (2009/136/EC ), informed consent of the website user must be obtained before the installation of a cookie on an opt-in basis, rather than an opt-out basis as previously required under the E-Privacy Directive.
Firstly Developers make blueprints or wireframes. Then they work on the front and back ends and next on coding. If there is a scope for online purchases, the developer must work on the payment Gateway methods. They should depict the method or tools for developing the websites for the clients.

All these details are to be written in an agreement so that there remains no space for confusion between the parties about the procedure of delivering the project.

The rights, ownership of the website, and associated legal rights regarding website design and maintenance:

Any agreement is done on legal conditions. One of them is lawful consideration. The payment method should be detailed so that the developer faces no trouble. The developer must also mention the project's total budget before the client to avoid disputes.

Time is an essential factor in an agreement. Website development technologies are rapidly changing. So, a developer using a specific technology to develop a website has to complete it within a specified period. It also helps the client get the developer's service within the warranty period.

Warranty means a period in an agreement or contract in which, if any breach happens, the innocent party can terminate the contract or agreement and claim damages. Developers are liable to give service for a limited period, known as the warranty period.

Developers provide domain names on websites that should get covered by Intellectual Property Law.

The agreement also states that Developers neither can use the client's trademark without permission nor reveal confidential information about the client to a third party.

Either or both parties' consent can terminate an agreement. The impossibility of performance and breach is also the condition of termination.

Conclusion:

Websites are one of the modes where one country can do business in another. Legal protection saves goodwill, and all of us can economically progress.

References:

LexisNexis, Glossary, Warranty Definition (lexisnexis.co.uk)
Tech Terms, Web Development Definition (techterms)
Allie Decker, The Beginner's Guide to Website Development (Hubspot)
Cookie Law Info, Cookie Law: Everything You Need to Know (cookielawinfo)