Website Development & Design Agreement Checklist

Your Website is an important asset, at it is your virtual storefront. It's important to have an Agreement that covers your interests with regard to Website Development, Website Design and Website Maintenance, to reduce the risk of under construction delays, copyright infringement claims, as well as getting what you pay for. Michelle DelMar, Esq., has more than 20 years experience dealing with these issues and can provide valuable information and advice.

Before entering into a Website Design Agreement, Website Development Agreement, Website Hosting Agreement or Website Maintenance Agreement, consider the following issues:

1. RELATIONSHIP OF THE PARTIES
2. SERVICES.  Design, Subscription, Access, Migration, Maintenance, etc.
3. DELIVERABLES
4. COPYRIGHT ISSUES
5. CUSTOMER SUPPORT (and limitations thereof).
6. API’S.  Access to API’s and limitations, disclaimers etc., related thereto.
7. FLASH COOKIES.  Related terms.
8. USE AND LIMITATION ON USE.
9. RESPONSIBILITIES OF CUSTOMER, e.g. password, notice of compromised password, etc.
10. CUSTOMER REFERENCE (Authorization for use of customer identity, etc.).
11. USE OF COMMUNICATION SERVICES.
12. CUSTOMER DATA.
13. CONFIDENTIALITY.
14. USER SUBMITTED MATERIALS.
15. LINKS – TERMS RELATED THERETO.
16. DISCLAIMERS- LIMITATIONS OF LIABILITY
17. QUALITY OF PERFORMANCE. 
18. COMPENSATION.  Payment Methodology.  Expenses.
19. DESIGNER’S PERSONNEL. 
20. RIGHTS TO DOMAIN(S). 
21. INTELLECTUAL PROPERTY; LICENSE.
22. HOW AND WHEN IT MAY BE TERMINATED. 
23. DISPUTE RESOLUTION.  
24. INDEMNIFICATION.
    AND OTHER IMPORTANT CLAUSES.

This general checklist is provided for informational purposes only, is not legal advice and should not be relied upon.  Consult with a qualified business lawyer concerning your particular situation. 

Click here to discuss your business goals and issues with Michelle DelMar, Esq., Small Business Lawyer.