Website Development Contract - Top Seven Negotiating Guidelines
The Website is a Passport and Identity card to the virtual world of internet. Every business nowadays wants the website to perform as a business representative on the internet net and generate optimum revenue.
The Website is a Passport and Identity card to the virtual world of internet. Every business nowadays wants the website to perform as a business representative on the internet net and generate optimum revenue. After this realization, the business needs the services of a professional website developer. Before singing the contract with the website development company there are some aspects that need to be considered. The prominent 7 guidelines to signing the website development contract are as follows.
What is the use of the website, the control of which is at the discretion of the developer? If the you do not have the control over the graphics, screens, content, domain names, source code , underlying software and object code it is highly probably that you may not be allowed to make any alterations in the website even when it is most needed. The contract should explicitly state that the developer is providing his/her services as “work for hire” as per the definition of the Copyright Act. It should also clearly state as to who holds the rights to and in the website. The language used in the contract should clarify this aspect.
Use of Code:
When developing the website it is possible that the developer may use the pre-programmed code that has been used in the earlier websites. This again could be developed by him/her or by some one else. It is also possible that the website designer designs a new programming code especially for developing your website. Now the designer may want to use this code for future web designing as well. As the owner of the website you should be mentally free from objections raised by other to using the code and at the same time have the right to change the code used in your website. This is only possible when you have the “irrevocable, perpetual, worldwide, transferable and royalty free" license to the use of any pre-programmed code incorporated by the developer into your site.
Use of third party contents:
If you want to use the contents that are already published on the internet, you should not expect the developer to get the permission of that from the parent publisher. You should always conduct a double check on this aspect because if this permission is not sought it could make you liable to be prosecuted for infringing upon the intellectual property rights of the parent publisher (owner).
Always make contingency arrangements for delay due to uncontrollable factors. This should be especially with reference to time and budget allocated.
Changes in Specifications:
The contract should state the provisions fro change in the specifications because it is possible that the developer may have misunderstood you or the buyer’s attitude may have compelled you to change the concept.
Maintenance of Website:
The contract should include the provisions for the maintenance of website and training the employees to make small changes if necessary.
It is possible that some of the links in the website may stop working after some time. It is also possible that the website may not work because of some viruses. Provisions for correcting the website should also be included in the contract.
A good professional website development company is identified by the transparency it has especially with reference to the clarity of the website development service contract.
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Name: Bryan F Bell