This template web development contract document is designed for use where a website is being developed, and the development work includes at least an element of software or database development work. It can be adapted to be balanced, or to favour the interests of one of the parties.

As with our balanced web development agreement, this document includes a mixed licence/assignment of the rights in the website. Broadly, the rights in the "design elements" of the website are licensed to the customer whereas the rights in the "software elements" are assigned to the customer.

One technical issue of copyright law arises out of the form of this document and the fact that it contains an assignment. Section 90(3) of the Copyright, Designs and Patents Act 1988 says that “an assignment of copyright is not effective unless it is in writing signed by or on behalf of the assignor”. So, if the assignment is retained, the developer should ensure that a signed copy of the contract is sent to the customer.

The web development contract 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

The contract is 16 pages long (including the cover sheet) and is provided in Word (.doc) format. You can review the first few pages of the contract here:

Sample Web Development Contract

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