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Question about web design contracts

by Kasparov
14 replies
Hello Warriors. I have a question about contracts in general. I'll try to get to the point.

1. When is the right time to present a contract?

2. If the client writes you a check right on the spot and you don't have a contract with you, do you go home, write a contract and then cash the check once they sign it?

3. Do you type your contracts or do you just fill them out in front of the client?

I apologize if any of the questions come off as stupid or anything. I'm just extremely confused about this aspect and I'm trying to wrap my head around this.

If anyone knows any sample contracts for web design work or anything, please let me know.
#contracts #design #question #web
  • Profile picture of the author CageyVet
    For web design work...I present the contract when they verbally or email respond agreeing to the work. As for writing a cheque on the spot, I ALWAYS have contracts with me that I can just fill in the blanks. I fill in the blank areas in front of the client, while explaining the contract. Web design contracts are a must because if you do not get it straight in the beginning, you could be doing a lot of extra work for free.

    Sample contracts, talk to a lawyer or use google.
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  • Profile picture of the author fasteasysuccess
    If meeting with clients in person, always be prepared including assuming the sale and having the contract ready to go when you get the yes. This way you don't need to come back to get the money. When they're in the buying mode, don't stall it, start it.

    Plus, get all the money up front, at the very least-half.
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    • Profile picture of the author kemdev
      In over two years in this business and 30+ clients I have never, ever used a contract. The exception is one time for a $400 sale early in my career -she simply would not do business without one written up. So I took the 30 minutes to write one, drove back and she signed (and payed me) on the spot.

      Contracts aren't useless I suppose... but even if someone were to breach a contract they signed with me I wouldn't pursue them in court. It just wouldn't be worth the time or money to do so.

      You know what works for me? Talking about everything with the client up front so they know what they're getting and what I'm going to do for them. I've maybe had to do minor improvements on two websites in the past two years. And I'm not that good of a designer - I'm a developer using Wordpress templates.

      And as a side note: maybe it's just my audience, but more times than not the person I work with doesn't even look at the finished product. I used to find it disturbing when everything was completed and I called my client to see what they thought of the finished product, and they told me they hadn't even looked at it yet... now it just seems routine. Anyone else experience this?
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  • Profile picture of the author oliverj87
    I'd love to say yes I do contracts but as kemdev said, it's not worth the hassle chasing them up, though I always get at least 50% upfront unless I've worked with them for awhile.

    I don't think I've had any that haven't looked at them as I try to closely with each client. Some might see that as a pain in the arse, but it's brought in untold amount of repeat business and referrals.
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  • Profile picture of the author Dizain
    A contract become handy when u have to deal a really annoying client. Example, is when the work is done and your client keeps asking u to make changes over and over and expecting not to pay for your time and service. Having a contract should prevent this from happening. You can search google for free samples. I have collected many from google and then I made my own using the samples as guides.
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  • Profile picture of the author Jason Kanigan
    We have had a few posts lately talking about this. Your question is a normal one.

    A contract/invoice description should cover what you discussed and agreed upon with your prospect. There shouldn't be any surprises for either side. It should be a simple confirmation of what you talked about, and signing it & sending you the money ought to be the easiest thing in the world.

    If you get resistance to your paperwork, you presented it too early and that mental agreement has not yet taken place.
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  • Profile picture of the author Fernando Veloso
    Don't forget to add the dumbest lines, like:

    "After work delivery, you don't guarantee anything else beside the stipulated in point X and Y. "

    Or

    "This service is delivered as is, and future updates will be charged hourly" etc etc

    Sometimes people think they're entitled to kazzilion updates and rankings in Google. Search a bit around these ones and see what you can use: https://www.google.pt/search?q=web+d...EI7W7QaU0oHYCw
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  • Profile picture of the author Hakim AK
    I found out that a number of my potential clients would go MIA after I present them with a contract. I usually email them the contract after they agree to engage my services.

    Got my sample contract at 5 Free Freelance Design Contract Templates
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  • Profile picture of the author tkhowse
    1. When the client says that he wants to move forward.

    2. I usually e-mail them a client agreement, ask them to fax it over, and then mail me a check (although that's probably not the most efficient way to do it).

    3. Do you type your contracts or do you just fill them out in front of the client?

    I usually type them up and send them off to the client for them to sign & fax back to me.

    I have found contracts to be useful, especially so that clients understand what they are getting into. Proposals and client agreements help to clarify expectations up front and make sure that you & the client are on the same page.
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  • Profile picture of the author DaniMc
    Unless you are doing a large project (over $10k) do you really need a contract? Are you really going to court?

    A simple proposal document where I outline what we will do and get customer approval is all I use. And really, that is just to make sure we are all on the same page.

    If you are worried about a contract protecting you from lawsuits, good luck - it will not. If someone wants to take legal action against you, it usually costs $150 or so to file. The contract will not prevent it. Even if you do have a contract, the judges in small claims can be extremely partial and subject to their own opinions.

    Most people who want a contract are worried about going to court. The contract really doesn't fix that problem. There are much better ways protecting your business.
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  • Profile picture of the author kenmichaels
    I can tell none of you people who responded so far have been sued before by
    some jack ass client.

    I have .... Quite a few times over the years.

    When you do, you will also come to appreciate a few words
    on paper plainly stating what your doing for the money and the time frame
    you agree to get it done it.

    I confirm the charge whent through, then I send them a fax to sign and fax back
    and a hard copy.

    Sometimes it works in court, sometimes it doesn't,

    What it does do is act like a deterrent to the ( thieves, obnoxious jack asses
    and prevents black mail )

    agian, does it work in court? sometimes. No contract is iron clad
    the best attorney wins.

    or in most cases from what i see on WF it would be small claims court ( ie upto 5k)

    in that case, the best documented and the best speaker who doesn't piss off the
    judge wins.
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    • Profile picture of the author DaniMc
      Originally Posted by kenmichaels View Post

      I can tell none of you people who responded so far have been sued before by
      some jack ass client.
      Not true my friend. I've been on both sides of litigation and you win some you lose some.

      The best way to protect your assets is to have NO assets in the business your customers are buying from. It is so cheap to set up a second company that protects you from liability.

      So, you simply set up two or more. The company that the client writes a check to then has to BUY the services from the other companies which perform the service and own the IP.

      The company that the check is written to is broke. It is a reseller that makes almost zero profit. If a catastrophic lawsuit comes, you merely close that company and your main assets are protected.

      All the different assets of the business are spread out into multiple companies. Your client-facing company simply buys service from the others. Consulting. Design. Programming. Writing. Advertising. - All different companies.

      Now, I am no attorney. But I am too afraid of lawsuits to leave it up to a simple contract to protect my future and my wealth. Sure, have a contract. But, you should make sure to have other asset protections in place also as soon as the money gets to a serious level.

      The best protection against a lawsuit is to never, ever be in a situation that causes contention with a client. But we all know that is not realistic. Some people just love to sue.

      Lawsuits and Taxes are the two biggest threats to your wealth - I don't like having nightmares about them.
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  • Profile picture of the author kenmichaels
    Originally Posted by Dan McCoy View Post

    Not true my friend. I've been on both sides of litigation and you win some you lose some.

    The best way to protect your assets is to have NO assets in the business your customers are buying from. It is so cheap to set up a second company that protects you from liability.

    So, you simply set up two or more. The company that the client writes a check to then has to BUY the services from the other companies which perform the service and own the IP.

    The company that the check is written to is broke. It is a reseller that makes almost zero profit. If a catastrophic lawsuit comes, you merely close that company and your main assets are protected.

    All the different assets of the business are spread out into multiple companies. Your client-facing company simply buys service from the others. Consulting. Design. Programming. Writing. Advertising. - All different companies.

    Now, I am no attorney. But I am too afraid of lawsuits to leave it up to a simple contract to protect my future and my wealth. Sure, have a contract. But, you should make sure to have other asset protections in place also as soon as the money gets to a serious level.

    The best protection against a lawsuit is to never, ever be in a situation that causes contention with a client. But we all know that is not realistic. Some people just love to sue.

    Lawsuits and Taxes are the two biggest threats to your wealth - I don't like having nightmares about them.
    I hear you, saying none of you have been sued was probably over stepping.

    I have went all the way up the line from basic civil to attempting to upgrade
    to criminal and then diff levels in the fed level.

    This is or was for me basic business.

    I was tought, if you settle for less then you made and you dont sign paper
    saying you wont do it again.... you win ... Do it.

    I am a little older and wiser now.

    Also. I have had complete *ucking thieves attempt to sue me for
    theft or services not rendered. Almost all from out
    of state, because they thought I would not show up and protect myself.

    now let me just say WOW to this

    "Lawsuits and Taxes are the two biggest threats to your wealth - I don't like having nightmares about them. "

    Texas ... grrrr them MOFO's

    I went back three times to see if i mentioned texes, because i did not remember doing so.

    over the years they cost me a couple bucks, once I created an MLM
    and then the AG ( after two, almost three years ) .. said no , no no. gimmmie money

    rough chapter of my life.

    BTW I was meaning TEXAS... not taxes... then I realized I hate them both

    ( not really i dont hate anyone or anything ) but they have BOTH created angst over the years ... and heart burn and grey hair .... and ...lol
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