Web design and development terms and conditions (basic)
When using this document, the parties (the web developer and the customer) sign a statement of work that sets out all the details of the project, such as the specification for the website and the timetable for completion of the project. By signing the statement of work, the parties agree to the legal T&Cs attached to the statement.
Those legal T&Cs are nearly identical to the T&Cs of our basic web design and development agreement, so if you are choosing between that document and this one, the choice should turn upon which form of document fits better into your contracting processes.
The agreement document may be better if you expect to have to negotiate the legal terms of each contract; whereas this terms and conditions document may be better if you intend to impose your own standard terms of business upon the other party.
Ask about this document
Web design and development terms and conditions (basic) contents
- Definitions: definitions.
Term : commencement of term; end of term; each contract distinct.Development Services : obligation to provide development services; timetable for website development and delivery; delays in development services consequent upon second party delays; website development coding standards; keep second party informed of development services progress; availability of website to second party during development; website and documentation upon early termination.- Customerobligations: general second party obligations; access to computer systems.
- CustomerMaterials: supply of second party materials; licence ofCustomermaterials; warranties relating to second party materials.
Intellectual Property Rights : assignment of IPR in website and documentation; licence to use website and documentation; mixed assignment and licence of rights (website); licensing of third party materials (website); waiver of moral rights in website and documentation; further assurance (intellectual property).- Charges: obligation to pay charges; time-base charges limitations; amounts inclusive or exclusive of VAT; variation of charges.
- Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments; interest on late payments.
- Warranties: standard of services; first party general warranties; website warranties; warranty of legality of website and documentation; website and documentation IPR infringement warranty; breach of website infringement warranty; second party warranty of authority; exclusion of implied warranties and representations.
- Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of use; no liability for loss of opportunities; no liability for loss of data; no liability for consequential loss; per event liability cap upon services contract; aggregate liability cap upon services contract.
- Termination: termination without cause by first party; termination without cause by second party; termination upon breach; termination upon insolvency; termination upon non-payment.
- Effects of termination: surviving provisions upon termination; termination does not affect accrued rights; charges on termination of contract.
- Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
- General: no waiver; severability; variation written and signed; no assignment without written consent; no third party rights; entire agreement; governing law; exclusive jurisdiction.
- Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.
This is a shortened preview of the editor interface; once you create your instance you'll be able to edit the full document in our online editor.
This is a shortened preview of the DOCX output; once you create your instance you'll be able to download the full document in PDF, HTML, RTF and/or DOCX (Microsoft Word) format.
Which licence should I choose?
| Version | 1.2 |
|---|---|
| First published | 13 Sep 2016 |
| Last updated | 16 Jan 2021 |
| Law | English law and EU law |
| Language | English (UK) |
| †Word count | 6,698 |
| †Template pages | 15 |
† These figures are approximations.
