Website Design Agreement
A contract between a Web Designer and its client
for design of a website
ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY,
EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING AS TO THEIR LEGAL EFFECT AND
COMPLETENESS. They are for guidance and should be modified to meet your needs and the
laws of your state. Use at your own risk. Docstoc and anyone who participated in providing or
modifying any form is not creating or entering into an Attorney-Client relationship. Docstoc
does not provide legal advice. The information and forms are not a substitute for the advice of
your own attorney.
Website Design Agreement
This AGREEMENT is dated and in effect as of _____________, _______, _______ (the "Effective Date") by and
between________________ (the "Client") and _____________________ ("Web Designer")
Recitals
A. Designer is in the business of website design;
B. Client desires to retain Web Designer to design a website for Client.(the "Work.")
In consideration of the foregoing premises and the mutual covenants set forth in this agreement and other
valuable considerations, the parties hereto agree as follows:
1. DESCRIPTION OF WORK: The Work that is required of Web Designer by Client is described on Exhibit
A hereto.
2. PAYMENT SCHEDULE: The term of this contract is as follows:
The starting date is _________ and the estimated completion date is _________, for the total amount of
$__________.
Client shall pay Web Designer $__________, as a deposit for project commencement upon execution of this
Agreement
The balance of $__________ is due on completion date, and shall be paid prior to file relinquishment by Web
Designer or upload and/or assembly of the website on Client's web server.
3. DUE DATES: Web Designer agrees to deliver drafts of design of the Work on such dates as are set forth on
Exhibit A. Web Designer shall use its best efforts to meet the agreed upon due dates. Client acknowledges that it
is aware that failure to submit the required information or materials might cause delays in the production, which
could result in significant delays in delivery of the finished Work.
4. FEES & ADDITIONAL SERVICES: Changes in Client input or direction or excessive changes will be
charged at $___________ for each ____________. Any work the Client directs Web Designer to create, which is
not specified in the DESCRIPTION OF WORK section of this agreement, or in Exhibit A, will be considered an
additional service. Such Work may require a separate Agreement and payment separate from and above that
specified in this Agreement.
5. EXPENSES: Client agrees to reimburse Web Designer for any expenses necessary in completion of the
Work including, without limitation: Fonts, Messengers, Proofs, Props, Research, Shipping, Software, Stock
photography, Travel, Telephone Consultation.
6. ASSIGNMENT OF WORK: Web Designer reserves the right to assign other qualified designers or
subcontractors to the Work to ensure quality and on-time completion.
7. RESERVATION OF RIGHTS: All rights not expressly granted hereunder are reserved to Web Designer,
including, without limitation, all rights in sketches, drafts, or other preliminary materials.
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2
8. PERMISSIONS AND RELEASES: Client agrees to indemnify and hold harmless Web Designer, and its
officers, directors, employees and agents. against any and all claims, costs, and expenses, including attorney's
fees, due to materials included in the Work at the request of the Client for which no copyright permission or
previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
9. PUBLICATION: The Client may publish or disclose information regarding the Work and shall acknowledge
the support of Web Designer in all such publications. The Client shall not use the name of Web Designer in any
advertising or publicity without prior written approval of Web Designer. Web Designer shall not use the name
of Client in any advertising or publicity without prior written approval of the Client.
10. COPYRIGHT NOTICE: Copyright of the Work is in Web Designer's name. Upon completion of
Work, the copyright shall be released to Client by execution of Release of Copyright by Web Designer.
11. TERMINATION: Either party may terminate this Agreement by giving thirty (30) days written notice
to the other of such termination. In the event that Work is postponed or terminated at the request of the Client,
Web Designer shall have the right to bill, on a pro rata basis, for work completed through the date of that request,
while reserving all rights under this Agreement. If additional payment is due, it shall be payable within thirty (30)
days of the Client's written notification to stop work. In the event of termination, the Client shall also pay any
expenses incurred by Web Designer and Web Designer shall own all rights to the Work.
12. LIABILITY: The Client and Web Designer are independent parties and nothing in this Agreement
shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither
the Client nor Web Designer has any authority to assume or create any obligation or liability, either express or
implied, on behalf of the other.
13. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the
laws of the State of __________________ applicable therein.
14. ENTIRE AGREEMENT. This Agreement, and all exhibits hereto, along with any other documents or
agreements expressly referred to herein, constitutes the entire agreement between the parties with respect to the
subject matter hereof. This Agreement supersedes all previous agreements between the parties with respect to the
subject matter hereof. There are no agreements, representations or warranties between or among the parties other
than those set forth in this Agreement or in the documents or agreements referred to herein.
15. AMENDMENTS. No amendment, modification, or supplement to this Agreement shall be binding on any of
the parties unless it is in writing and signed by the parties in interest at the time of the modification.
16. SEVERABILITY. If any term or provision of this Agreement is determined to be illegal or unenforceable,
such illegal or unenforceable provision shall be stricken from this Agreement, and shall not affect the legality or
unenforceability of this Agreement.
17. ATTORNEYS' FEES. If either party to this Agreement shall bring any action, suit, arbitration, or other
proceeding against the other, declaratory or otherwise, to enforce the terms hereof or to declare rights hereunder,
the party prevailing in such action or proceeding shall be entitled to recover attorneys' fees and costs incurred in
prosecuting or defending the action or proceeding, and in enforcing any judgment, ruling or award granted therein.
As used herein, the term "attorney's fees" shall include, without limitation, fees and costs incurred in (i) post-
judgment motions and collection actions, (ii) garnishment, levy and debtor and third party examinations, (iii)
appeals and related proceedings, and (iv) discovery.
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3
18. INTERPRETATION. The terms of this Agreement have been negotiated by the parties hereto and all
language herein shall be deemed to be the language mutually selected by the parties to express their intent. This
Agreement shall be construed without respect to any presumption requiring construction against the party causing
the instrument to be drafted.
19. COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written.
The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.
CLIENT WEB DESIGNER
_____________________ _________________________
Authorized Signature Authorized Signature
_____________________ _________________________
Print Name & Title Print Name & Title
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4
EXHIBIT A
Description of Client’s Website:
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
Estimated Number of Unique Pages: _________________
Estimated time for site to be complete and go live: ___________________
First Design Draft will be presented to Client by: ____________________
Client will have __________days to review and mark changes and/or approve of First Draft.
Each additional day needed by Client to review the First Draft will result in additional days for the completion of
the Work.
Second Design Draft will be presented to Client_____ days after receipt of changes and approvals of First Draft.
Client will have __________days to review and mark changes and/or approve of Second Draft. Each additional
day needed by Client to review Second Draft will result in additional days for the completion of the Work.
Third and Final Design Draft will be present to Client _______days after receipt of changes and approvals of
Second Draft. Client will have _________days to review and any final changes and/or approve Final Design
Draft. Each additional day needed by Client to review Final Draft will result in additional days for the completion
of the Work.
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not 5
letion
of the Work.
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not 5