We created this web design and development agreement to provide maximum flexibility for web developers. It may be used in relation to a wide range of project types and technology types. For example, the agreement takes account of the possibilities that the developer may be using third party (including open source) software to create the website and/or that the developer may be using its own framework code in the website.
The template comes in three versions: a basic version, a standard version and a premium version. Each of the documents may be adapted to balance the interests of the parties, or to favour the interests of one party over the interests of the other party.
One of the key issues in any web development agreement is the treatment of intellectual property rights. Three different clauses are provided to cover the treatment of these rights. First, the intellectual property rights may be assigned to the customer, subject to a carve-out for rights owned by third parties and the customer's own materials. Second, these rights may be licensed to the customer. Third, the rights may be subject to a mixed assignment and licence. In each case third party rights and customer rights are subject to separate treatment.
The standard and premium versions include a straightforward acceptance testing provision. This sets out a procedure to help the parties to determine whether the website produced by the developer meets the agreed specification.
This document is almost the same in substance (but not in form) as our terms and conditions-style web design and development document.
This document forms part of our web design and development pack.