Contract or no contract?

[Guest]

Another question for you webmasters out there from a newbie...

Does you use a contract with every client? If so, why? If not, why not?
Do customers shy away from contracts and have you lost clients because you
requested one?

Thanks,
Beverly

 

[Murray]

Yes. To protect both of us. No, and no.

In addition, I always request partial payment up front. It keeps things on
a level playing field....

 

[PJx]

Another question for you webmasters out there from a newbie...

Does you use a contract with every client? If so, why? If not, why not?
Do customers shy away from contracts and have you lost clients because you
requested one?

Thanks,
Beverly

Sure, every job is under a contract. However, in my case, it has
always been an oral contract.

An oral contract is quite valid for web work but not real estate. It
is however, hard to prove up.

As I grow, I will move to written contracts for the bigger jobs.

 

[Thomas A. Rowe]

It depends on the project, dollar amount and/or the client.

--
==============================================
Thomas A. Rowe (Microsoft MVP - FrontPage)
WEBMASTER Resources(tm)

FrontPage Resources, WebCircle, MS KB Quick Links, etc.
==============================================

 

[Kevin Spencer]

A contract is an agreement. Any time you agree to do something in return for
compensation, you are engaging in a contract. However, only a written
contract is likely to get you any help if your client breaks his/her end of
the bargain. I learned early on to use one. It prevents a heck of a lot of
trouble.

--
HTH,

Kevin Spencer
Microsoft MVP
..Net Developer
What You Seek Is What You Get.

 

[Steve Easton]

Yes.
I also make it part of the contract that I maintain control over access to the server
"user name and password" until I am paid in full.
Nothing will get a customers attention faster than visiting their "new" web site and
seeing:
"The web site www.domain.com is experiencing temporary technical difficulties. Please
check back later"
as their home ( and only ) page.


--
Steve Easton
Microsoft MVP FrontPage
95isalive
This site is best viewed..................
...............................with a computer

 

[Chuck Davis]

Another question for you webmasters out there from a newbie...

Does you use a contract with every client? If so, why? If not, why not?
Do customers shy away from contracts and have you lost clients because you
requested one?

Thanks,
Beverly

I always have a contract for larger sites. Smaller sites, 50% down and
balance on Publishing to the Server. Maintenance is done on an hourly basis
and billed monthly. Only once did I have to remove all navigation on a site
for non-payment. They soon paid, and the navigation was restored.

 

[Tom Pepper Willett]

Hi, P Jx:

Just for the sake of argument, how would you or your client enforce the
contract if disputes arose?


--
===
Tom "Pepper" Willett
Microsoft MVP - FrontPage
---
About FrontPage 2003:
http://office.microsoft.com/home/office.aspx?assetid=FX01085802
FrontPage 2003 Product Information:
http://www.microsoft.com/office/frontpage/prodinfo/default.mspx
Understanding FrontPage:
http://msdn.microsoft.com/office/understanding/frontpage/
===
| On Mon, 7 Mar 2005 12:33:03 -0800, "Beverly-Texas"
|
| >Another question for you webmasters out there from a newbie...
| >
| >Does you use a contract with every client? If so, why? If not, why not?
| >Do customers shy away from contracts and have you lost clients because
you
| >requested one?
| >
| >Thanks,
| >Beverly
|
| Sure, every job is under a contract. However, in my case, it has
| always been an oral contract.
|
| An oral contract is quite valid for web work but not real estate. It
| is however, hard to prove up.
|
| As I grow, I will move to written contracts for the bigger jobs.
|
|

 

[PJx]

Hi, P Jx:

Just for the sake of argument, how would you or your client enforce the
contract if disputes arose?

Exactly the same way contracts have been enforced for the last 800
years. You present your facts to the trier of facts and the court
renders a decision for the facts presented.

PJ

 

[Auerbach]

As a buyer of website design services for corporate clients, I would reject
out of hand a designer who did NOT use a contract -- either his/hers or
mine.

In the United States, a visual design belongs to the designer unless it is
done as a "work for hire" or ownership is formally transferred to the
client, normally through a written agreement (a contract.) If I neglected to
obtain the intellectual property rights for my client I would be guilty of
malfeasance.

Similarly, the designer and the client both need to know the scope of
work -- will the designer create a template, several templates (home and
interior pages), place the content on the pages, provide admin or CGI
software, arrange for hosting, set up e-mail accounts, manage content
updates...

What is the schedule? When is the first concept due? When is the final
design due? When is the completed site expected to go online? Is there a
penalty for a delay? Is there a bonus to the designer if the client requires
more design iterations, or is slow to respond to the designer?

What happens if the client doesn't pay, or doesn't like the work? A right to
sue means the designer has the "right" to wait months or years for a court
date, and the "right" to pay an attorney. A contract with a mandatory
arbitration clause short-circuits that kind of delay and expense.

In short, use a contract!

Alex