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Project Scope
Reference the proposal in the contract.
“The project will be built according to the specifications detailed in the Proposal signed and dated dd/mm/yy” -
Payment Terms & Conditions
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Fees and estimates
- Information specified in the Quote.
- How much are you charging?
- How did you arrive at this estimate?
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Payment Schedule
- 50% – 50%
- 25% – 75%
- 25% – 25% – 25% – 25%
0% – 100%
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Payment Method
- How the payment transaction should be carried out.
- Who the payment should be addressed to.
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Payment Terms
- Deliverables Upon Payment – Don’t hand over any deliverables until you have received payment for it.
- Abandonment of Project – “If the client fails to communicate within a certain number of days, then the project is essentially deemed abandoned and you have the right to bill your client for any services rendered thus far.”
- Extra Revisions – Extra revisions should be charged by and hourly rate or by a flat fee.
- Project Change – Charging for major changes occurring in the middle of the project.
- Refusal to Pay – Actions to take in case the client takes too long to pay or doesn’t pay at all (e.g. legal action, take down website, sell design to 3rd party, penalty fee for every block of time the payment is overdue, etc.)
- Discounts Upon Early Payment – if payments are received soon after the invoice has been issued.
- Killing the Project – When the project is canceled by the client for reasons outside the control of the freelancer
- If before initial stages, the initial payment is kept by the freelancer
- If after initial stages, 50% of payment is kept by the freelancer
- If after project completion, 100% payment is kept by the freelancer
- Client Discontent – If the final project doesn’t meet the client’s expectation,
- If cancelled before project completion, 30% of the fee must be paid.
- If cancelled after project completion, 50%-100% of the fee must be paid.
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Copyright Protections
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Transfer of Ownership
- The transfer of ownership of the final work and all the assets involved, while you retain the rights to display the work for advertising and promotional purposes.
- All originals will be handed over to the client.
- The freelancer is not expected to hold onto them after completion of the project.
- The client also owns the text content, photographs, and any other data provided unless it was licensed from a third party. However, the freelancer will own any of the markup, CSS, and any code produced, and is licensing it to the client for use.
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Rights to Use the Work
“Upon the final payment, you, the client, guarantee that any assets such as text, graphics, photos, designs, trademarks, or any other artwork provided for use in the project belong to you, or that you have the permission to use them.”
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Other Legal Details
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Authorization
- The client is contracting you to provide a service.
- Authorized to provide services and can access the resources necessary to do so.
- The client cannot control where, how and when you work.
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Content
- Indicate who provides the content.
- Indicate the penalty for not receiving content necessary for the project.
- You will not be responsible for damages by the client.
“We can’t guarantee that the functions contained in any web page templates or in a completed web site will always be error-free, and so we can’t be liable to you or any third party for damages, including lost profits, lost savings, or other incidental, consequential, or special damages arising from out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.” - State the jurisdiction where legal action should be taken.
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Design Contract Templates
- Contract Killer by Andy Clarke
https://gist.github.com/malarkey/4031110 - Design Contracts for Freelance Web Designers by Jacob C. Myers
http://webdesignlaw.com/contracts/forms-introduction