Web Development / Hosting Agreements

We offer 2 fixed price options – a template agreement with or without customization by us. You can also preview this agreement by contacting us.

We specialise in computer law and Internet law. A significant proportion of our clients are software houses, web site designers or ISPs.

The web design contract package has two variants. One set has been drafted for use by web design companies and the second for use by a company procuring the services of a designer who has unsuitable or no contractual documentation.

1. The package for the web site designer

We appreciate that as a web site designer, you need to protect your position and profitability. From working with designers we have identified three principal potential revenue streams and have tailored agreements specifically to enable you to maximise your revenue and minimise your liability. These agreements have been designed to help you to avoid the erosion of project profitability due to your client changing the “goal posts” in the middle of the project, or failing to provide you with the appropriate material in the appropriate format and timescale. We have dealt in detail with the potential difficult issues arising from web design and operation; including ownership of copyright and other intellectual property rights as well as liability for viruses and defamation.

The package is designed for repeated use with your different clients. With the benefit of the extensive guidance notes and the consultation included, your future need to consult lawyers should be minimised. Although designed to protect your interests, the agreements are balanced and therefore should enable you to avoid wasting time and money negotiating relatively unimportant issues. Any future delays caused by waiting for the “legals” to be sorted out should be minimised.

The agreements provide you with a strong back bone of core contractual clauses common to all your web site transactions, together with suitable schedules which gives you the flexibility to adapt to the particular transaction you are dealing with. The package, provides you with a “one off” solution for all your contractual requirements in this core area of your business.

The Agreements Package

  • Web site design and development agreement
  • Website hosting agreement
  • Optional 30 minute phone call to explain any issues in respect of which you may need guidance

View an excerpt from a Website Design Agreement (PDF Format)

Extracts from the Agreements

Who is liable for information put on the site which causes problems?

Clause: The Operator shall not be liable for ensuring that there is not any material, data or information on the Web site which is illegal or unlawful, obscene, defamatory or otherwise infringes any third party rights whatsoever.

We lose money because neither we nor the client are sure what activities are covered by our maintenance and operation agreement.

Clauses:

  • The Services shall comprise: Installation and operation of the Web site on the Operator’s server as described in Schedule 3: facilitating and maintaining public access to the Web site; marketing the Web site as specified in Schedule 3: Updates limited to the extent specified in Schedule 3
  • The Operator shall be entitled to charge the Client at its Billing Rates for time spent: Providing any other services not forming part of the Services.

How can we protect ourselves against the risks associated with clients giving us something to include on the Web, that they are not entitled to use on WWW?

Clause: The Client undertakes to secure copyright and other appropriate licences or consents where necessary for the inclusion of any material, data and information provided to the Designer pursuant hereto to enable the Designer to incorporate such material, data and information into the Web site.

We are often blamed for delays in completing the Web site because the client does not give us the information on time and in the agreed format.

Clause: The Client undertakes that it will provide or procure the provision of the information, data and material required for the purposes hereof by the Designer in whatever formats and timescales agreed by the parties and set out in the Specification.

2. The package for the client

Website design requirement from client’s perspective (view a PDF sample) – the same package as above but adapted to suit the position of the client rather than the provider.

Further Information

To purchase the package or to discuss your specific needs, please call Simon Halberstam on 020 3206 2781 or via email to simon.halberstam@smab.co.uk or visit us at our central London offices. If you would like to come to our offices to view the agreements, please call to arrange a mutually convenient time and date.