A web design contract is a written, legally binding agreement between the designer and the client. It ties both parties to the scope of work. It ensures the web designer and their client are protected by law in their agreement together.
A web design contract—also referred to as a web development contract— is the last legal document to pass between a web designer and their client before work on the website starts.
This website contract comes after the web design proposal and web design brief are agreed upon.
Note: Your website design contract template is ready and waiting for you. Sign-up now to Bonsai for free and get instant access today.
As a web designer, using a web design contract and optimizing your business with web design contract templates is important for a few reasons.
Firstly, your web design contract is there to protect you, should the client not fulfill their legal responsibilities such as paying you the correct amount, briefing in time, or publishing your work without your consent.
A web design contract also protects your client, ensuring they get the work you've agreed upon within the timeframe and at the set price. Website design contract templates can assure your client you're a professional and streamline your onboarding processes—saving you time and money.
Every web design contract needs some specific clauses to help protect both parties and the work produced. Out of all of the legal documents to change hands, this one is probably the most important.
Every web developer needs to include an overview of their development services, the web design project, payment terms, project scope, and more.
If you're looking to create your own web design contract, read on for a breakdown of every clause you need.
Know you need a web design agreement and are looking for the Bonsai contract template? Look no further; sign-up now to Bonsai today and get your template in minutes.
Every web designer needs to detail the work ahead and work with any other web designers or web developers on the project. You will also want to give a clear overview of the website design agreement and work.
Web designers need to include the exact deliverables for the project. Perhaps they're delivering ongoing web design services, or maybe it's website build and design as a one-off project. Whatever you've promised to deliver the client, note the details of it all here.
It's vital to include your payment information in this clause and every aspect of it.
Make sure this clause is crystal clear.
Intellectual property rights are something every web design client looks for in their contract agreement. Clients typically want full usage and ownership rights of the intellectual property you create.
Whether you're a seasoned web designer, new to the game, or you're running a large web design agency, you need to be prepared to sign away property rights of your designs. It's worth asking if you can still use the design in your portfolio!
All of your web design contract templates need to include a section for the design and development process. This clause should provide a roadmap and how you'll go about hitting each of your design goals.
What is your customer obligated to do to make this contract doable? This includes things like briefings, payment, access to legal documents, or access to any folders that you need to get the design job done.
Every contract template you create should have a space for the customer's obligations.
Web designers are certainly used to doing renditions and edits to client work. However, how many edits are in scope for your project, given the brief?
At what point has there been a change in the specification that the client is actually looking for something else? Ensure the process for a change in the specification is mapped out here and what is essentially out of scope.
Your website contract needs a confidentiality clause to give your client peace of mind in your work together. Web designers often come across sensitive information, competitor research, budgets, operational information, to name a few.
Your confidentiality clause is exactly what every client looks for before working with any web developer or freelance web designer.
There are occasions when web design projects need to be terminated because of something the website designer or the client has done. Termination is not to be confused with cancellation.
Cancellation is often amicable and is for reasons beyond either party's control. However, termination is usually due to a breach of contract. Describe the process for this here.
Web designers use a lot of tools and occasionally work with other designers to get the job done. Note this information here and any costs incurred because of this. Who is paying for what? And who is responsible for what?
Your free website contract template is ready for you below. Start working on this website design template into your onboarding processes and tweak it as you see fit.
When freelance web designers use a freelance contract template like this one, they streamline processes, protect themselves by law, and create a safe working environment for both the client and themselves.
As a freelance web designer, using this website design contract from Bonsai will save you time and the need for legal advice. Your website design contract is legally vetted and prewritten, meaning all you need to do is fill in the blanks and send it on its way.
Create your website design contract in a few simple steps.
First, sign up for Bonsai and get free access to a wealth of freelance resources—including your design contract template. Once you've selected the contract you need, make any edits or additions specific to the project. You can then submit your contract via Bonsai and track when someone has viewed and signed it.
Web design services provides clients with a bespoke website design that aligns to their brand's identity. They ensure that your website standout from competitors.
Contracts can be a pain to make. Good thing Bonsai has easy to edit web design contract templates. Oh and did we mention that it's free? Yes, you read that right. Simply customize and download our pre-made legally reviewed templates today.
You may create one from scratch using Google docs or Microsoft Word. But to save you time, use Bonsai's free web designers contract template. Try our agreement template for web designers today.
Web design quotation depends on your experience, the client's needs, the time and resources it will take you, and the intellectual property of the final work. Decide if you want to charge for the project or by the hour, and make sure you have a clear understanding with your client on whether you'll be paid in full or by the milestone.
Of course! Web design and the user experience is still very much a business-critical resource. Every business needs a digital presence, and although supported with social media, it starts with its website. In fact, 85% of B2B users say their brand experience is just as important as the brand's product.
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This Contract is between Client (the "Client") and Acme LLC, a California limited liability company (the "Web Designer").
The Contract is dated [the date both parties sign].
1.1 Project. The Client is hiring the Web Designer to do the following: [WEB DESIGN SERVICES DESCRIPTION]
1.2 Schedule. The Web Designer will begin work on [DATE] and will continue until the work is completed. This Contract can be ended by either Client or Web Designer at any time, pursuant to the terms of Section 6, Term and Termination.
1.3 Payment. The Client will pay the Web Designer a flat fee of [PROJECT RATE]. Of this, the Client will pay the Web Designer [DEPOSIT AMOUNT] before work begins.
1.4 Expenses. The Client will reimburse the Web Designer's expenses. Expenses do not need to be pre-approved by the Client.
1.5 Invoices. The Web Designer will invoice the Client at [INVOICE FREQUENCY]. The Client agrees to pay the amount owed within [X DAYS TO PAY] days of receiving the invoice. Payment after that date will incur a late fee of [LATE FEE PERCENTAGE]% per month on the outstanding amount.
1.6 Support. The Web Designer will not provide support for any deliverable once the Client accepts it, unless otherwise agreed in writing.
2.1 Client Owns All Work Product. As part of this job, the Web Designer is creating “work product” for the Client. To avoid confusion, work product is the finished product, as well as drafts, notes, materials, mockups, hardware, designs, inventions, patents, code, and anything else that the Web Designer works on—that is, conceives, creates, designs, develops, invents, works on, or reduces to practice—as part of this project, whether before the date of this Contract or after. The Web Designer hereby gives the Client this work product once the Client pays for it in full. This means the Web Designer is giving the Client all of its rights, titles, and interests in and to the work product (including intellectual property rights), and the Client will be the sole owner of it. The Client can use the work product however it wants or it can decide not to use the work product at all. The Client, for example, can modify, destroy, or sell it, as it sees fit.
2.2 Web Designer's Use Of Work Product. Once the Web Designer gives the work product to the Client, the Web Designer does not have any rights to it, except those that the Client explicitly gives the Web Designer here. The Client gives permission to use the work product as part of portfolios and websites, in galleries, and in other media, so long as it is to showcase the work and not for any other purpose. The Client does not give permission to sell or otherwise use the work product to make money or for any other commercial use. The Client is not allowed to take back this license, even after the Contract ends.
2.3 Web Designer's Help Securing Ownership. In the future, the Client may need the Web Designer's help to show that the Client owns the work product or to complete the transfer. The Web Designer agrees to help with that. For example, the Web Designer may have to sign a patent application. The Client will pay any required expenses for this. If the Client can’t find the Web Designer, the Web Designer agrees that the Client can act on the Web Designer's behalf to accomplish the same thing. The following language gives the Client that right: if the Client can’t find the Web Designer after spending reasonable effort trying to do so, the Web Designer hereby irrevocably designates and appoints the Client as the Web Designer's agent and attorney-in-fact, which appointment is coupled with an interest, to act for the Web Designer and on the Web Designer's behalf to execute, verify, and file the required documents and to take any other legal action to accomplish the purposes of paragraph 2.1 (Client Owns All Work Product).
2.4 Web Designer's IP That Is Not Work Product. During the course of this project, the Web Designer might use intellectual property that the Web Designer owns or has licensed from a third party, but that does not qualify as “work product.” This is called “background IP.” Possible examples of background IP are pre-existing code, type fonts, properly-licensed stock photos, and web application tools. The Web Designer is not giving the Client this background IP. But, as part of the Contract, the Web Designer is giving the Client a right to use and license (with the right to sublicense) the background IP to develop, market, sell, and support the Client’s products and services. The Client may use this background IP worldwide and free of charge, but it cannot transfer its rights to the background IP (except as allowed in Section 11.1 (Assignment)). The Client cannot sell or license the background IP separately from its products or services. The Web Designer cannot take back this grant, and this grant does not end when the Contract is over.
2.5 Web Designer's Right To Use Client IP. The Web Designer may need to use the Client’s intellectual property to do its job. For example, if the Client is hiring the Web Designer to build a website, the Web Designer may have to use the Client’s logo. The Client agrees to let the Web Designer use the Client’s intellectual property and other intellectual property that the Client controls to the extent reasonably necessary to do the Web Designer's job. Beyond that, the Client is not giving the Web Designer any intellectual property rights, unless specifically stated otherwise in this Contract.
The Web Designer won’t work for a competitor of the Client until this Contract ends. To avoid confusion, a competitor is any third party that develops, manufactures, promotes, sells, licenses, distributes, or provides products or services that are substantially similar to the Client’s products or services. A competitor is also a third party that plans to do any of those things. The one exception to this restriction is if the Web Designer asks for permission beforehand and the Client agrees to it in writing. If the Web Designer uses employees or subcontractors, the Web Designer must make sure they follow the obligations in this paragraph, as well.
Until this Contract ends, the Web Designer won’t: (a) encourage Client employees or service providers to stop working for the Client; (b) encourage Client customers or clients to stop doing business with the Client; or (c) hire anyone who worked for the Client over the 12-month period before the Contract ended. The one exception is if the Web Designer puts out a general ad and someone who happened to work for the Client responds. In that case, the Web Designer may hire that candidate. The Web Designer promises that it won’t do anything in this paragraph on behalf of itself or a third party.
5.1 Overview. This section contains important promises between the parties.
5.2 Authority To Sign. Each party promises to the other party that it has the authority to enter into this Contract and to perform all of its obligations under this Contract.
5.3 Web Designer Has Right To Give Client Work Product. The Web Designer promises that it owns the work product, that the Web Designer is able to give the work product to the Client, and that no other party will claim that it owns the work product. If the Web Designer uses employees or subcontractors, the Web Designer also promises that these employees and subcontractors have signed contracts with the Web Designer giving the Web Designer any rights that the employees or subcontractors have related to the Web Designer's background IP and work product.
5.4 Web Designer Will Comply With Laws. The Web Designer promises that the manner it does this job, its work product, and any background IP it uses comply with applicable U.S. and foreign laws and regulations.
5.5 Work Product Does Not Infringe. The Web Designer promises that its work product does not and will not infringe on someone else’s intellectual property rights, that the Web Designer has the right to let the Client use the background IP, and that this Contract does not and will not violate any contract that the Web Designer has entered into or will enter into with someone else.
5.6 Client Will Review Work. The Client promises to review the work product, to be reasonably available to the Web Designer if the Web Designer has questions regarding this project, and to provide timely feedback and decisions.
5.7 Client-Supplied Material Does Not Infringe. If the Client provides the Web Designer with material to incorporate into the work product, the Client promises that this material does not infringe on someone else’s intellectual property rights.
This Contract is ongoing until the work is completed. Either party may end this Contract for any reason by sending an email or letter to the other party, informing the recipient that the sender is ending the Contract and that the Contract will end in 7 days. The Contract officially ends once that time has passed. The party that is ending the Contract must provide notice by taking the steps explained in Section 11.4. The Web Designer must immediately stop working as soon as it receives this notice, unless the notice says otherwise. The Client will pay the Web Designer for the work done up until when the Contract ends and will reimburse the Web Designer for any agreed-upon, non-cancellable expenses. The following sections don’t end even after the Contract ends: 2 (Ownership and Licenses); 3 (Competitive Engagements); 4 (Non-Solicitation); 5 (Representations); 8 (Confidential Information); 9 (Limitation of Liability); 10 (Indemnity); and 11 (General).
The Client is hiring the Web Designer as an independent contractor. The following statements accurately reflect their relationship:
8.1 Overview. This Contract imposes special restrictions on how the Client and the Web Designer must handle confidential information. These obligations are explained in this section.
8.3 Third-Party Confidential Information. It’s possible the Client and the Web Designer each have access to confidential information that belongs to third parties. The Client and the Web Designer each promise that it will not share with the other party confidential information that belongs to third parties, unless it is allowed to do so. If the Client or the Web Designer is allowed to share confidential information with the other party and does so, the sharing party promises to tell the other party in writing of any special restrictions regarding that information.
Neither party is liable for breach-of-contract damages that the breaching party could not reasonably have foreseen when it entered this Contract.
10.1 Overview. This section transfers certain risks between the parties if a third party sues or goes after the Client or the Web Designer or both. For example, if the Client gets sued for something that the Web Designer did, then the Web Designer may promise to come to the Client’s defense or to reimburse the Client for any losses.
10.2 Client Indemnity. In this Contract, the Web Designer agrees to indemnify the Client (and its affiliates and their directors, officers, employees, and agents) from and against all liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of: (i) the work the Web Designer has done under this Contract; (ii) a breach by the Web Designer of its obligations under this Contract; or (iii) a breach by the Web Designer of the promises it is making in Section 5 (Representations).
10.3 Web Designer Indemnity. In this Contract, the Client agrees to indemnify the Web Designer (and its affiliates and their directors, officers, employees, and agents) from and against liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of a breach by the Client of its obligations under this Contract.
11.1 Assignment. This Contract applies only to the Client and the Web Designer. The Web Designer cannot assign its rights or delegate its obligations under this Contract to a third-party (other than by will or intestate), without first receiving the Client’s written permission. In contrast, the Client may assign its rights and delegate its obligations under this Contract without the Web Designer's permission. This is necessary in case, for example, another Client buys out the Client or if the Client decides to sell the work product that results from this Contract.
11.2 Arbitration. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising under this Contract, a party may demand that the dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules.
11.3 Modification; Waiver. To change anything in this Contract, the Client and the Web Designer must agree to that change in writing and sign a document showing their contract. Neither party can waive its rights under this Contract or release the other party from its obligations under this Contract, unless the waiving party acknowledges it is doing so in writing and signs a document that says so.
11.4 Notices.
(a) Over the course of this Contract, one party may need to send a notice to the other party. For the notice to be valid, it must be in writing and delivered in one of the following ways: personal delivery, email, or certified or registered mail (postage prepaid, return receipt requested). The notice must be delivered to the party’s address listed at the end of this Contract or to another address that the party has provided in writing as an appropriate address to receive notice.
(b) The timing of when a notice is received can be very important. To avoid confusion, a valid notice is considered received as follows: (i) if delivered personally, it is considered received immediately; (ii) if delivered by email, it is considered received upon acknowledgement of receipt; (iii) if delivered by registered or certified mail (postage prepaid, return receipt requested), it is considered received upon receipt as indicated by the date on the signed receipt. If a party refuses to accept notice or if notice cannot be delivered because of a change in address for which no notice was given, then it is considered received when the notice is rejected or unable to be delivered. If the notice is received after 5:00pm on a business day at the location specified in the address for that party, or on a day that is not a business day, then the notice is considered received at 9:00am on the next business day.
11.5 Severability. This section deals with what happens if a portion of the Contract is found to be unenforceable. If that’s the case, the unenforceable portion will be changed to the minimum extent necessary to make it enforceable, unless that change is not permitted by law, in which case the portion will be disregarded. If any portion of the Contract is changed or disregarded because it is unenforceable, the rest of the Contract is still enforceable.
11.6 Signatures. The Client and the Web Designer must sign this document using Bonsai’s e-signing system. These electronic signatures count as originals for all purposes.
11.7 Governing Law. The laws of the state of California govern the rights and obligations of the Client and the Web Designer under this Contract, without regard to conflict of law principles of that state.
11.8 Entire Contract. This Contract represents the parties’ final and complete understanding of this job and the subject matter discussed in this Contract. This Contract supersedes all other contracts (both written and oral) between the parties.
THE PARTIES HERETO AGREE TO THE FOREGOING AS EVIDENCED BY THEIR SIGNATURES BELOW.
