We created this web developer agreement for use in relation to development projects involving software development or database development work. The template is "pro-developer": it favours the interests of the web developer over the interests of the customer. See:
Sample Web Developer Agreement
(Note: the sample clauses available via this link are from the balanced rather than the pro-developer version of our web developer agreement.)
As regards intellectual property, the agreement specifies that the customer will receive an assignment (i.e. transfer) of the developer's intellectual property rights in the "design elements", and will be granted a non-exclusive licence under the intellectual property rights in the "software elements".
In other words, the agreement does not restrict the developer from re-using the software elements on other projects. Third party works may be licensed or sub-licensed to the customer. Under the agreement, the customer retains any rights it may have in any works or materials that the customer supplies to the developer in connection with the project.
The website developer agreement includes the following provisions:
(1) Definitions and interpretation
(2) Term
(3) The Services
(4) Customer obligations
(5) Delivery and acceptance
(6) Third Party Works
(7) Unlawful Content
(8) Charges and payment
(9) Intellectual Property Rights
(10) Warranties
(11) Limitations and exclusions of liability
(12) Data protection
(13) Confidentiality and publicity
(14) Termination
(15) Effects of termination
(16) General
This document forms part of our
web developer pack.
The web developer agreement is 17 pages long (including the footnotes and cover page) and is provided in Word (.doc) format.
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