Keep reading for an overview on your rights, your web developers rights and what to be sure you have before signing.
Website development legalities
Right now, with the contract unsigned you are legally in the right in all areas. The ideas are yours, no-one has started work and no-one is accountable.
~ As soon as the contract is signed there is accountability on both sides: You are expected to pay your invoices to the contractor on time and the contractor is expected to deliver a workable, professional website as outlined in the contract. Already, you can see the importance of a clearly defined contract and project specification (we will cover this in part 4 and provide an example).
~ If the contract defines you are to pay only when sections of the website are finalised do not feel obligated to pay invoices until you are 100% happy with the work completed on each section. If the project is 'under construction' and the work is 'hidden', ask to receive access information anyway and have the contractor talk you through it.
Tip: Be aware that continually changing your mind once the coding is underway will drive your contractor crazy so be sure to ask for revisions of design first until you feel happy - then move forward with the coding. An excellent idea is to have your contractor create 'prototypes': 1 -3 pages you can click through and get a feel for before signing off - this can save a lot of trouble in the future and worth the small extra cost
~ Sometimes the contractor falls behind for many reasons, try not to jump to the defensive - even if it means a call to their office and a straight-to-the-point conversation you will keep their confidence and they will more than likely work harder than ever to get the project finished on time.
Tip: If the contractor is unreachable or refuses contact while working on the project, a series of 3 strongly worded emails and/or phone calls will generally push them to make contact. Be sure that your contractor has a visa or working permit before starting. We have taken over a number of projects where the contractor has left the country, taking their clients money and trust with them
~ If the situation is dire, legal action should be taken and your bank informed
Copyright
We are not legal experts in this area, but do have some tips.
An excellent page we have found that gives you, the website owner some idea of copyright is found here: http://www.copyrightservice.co.uk/protect/p11_web_design_copyright. Quick summary below:
1. Images should be 'watermarked'
2. Your contractor can set an .htaccess file to disallow external linking to images on your website
3. Retain a legal notice or link to legal document and/or page on the website stating your website content is your property and cannot be redistributed or copied in any way, shape or form
4. Register your website (search with the keywords: register website copyright to access information applying to your country or state)
5. Do not in any way, shape or form sign over the copyright of your website files or content to your contractor before commencement or project. This can be held against you for any real or perceived wrongs
Tip: Be very careful not to store music or images on your website that may be copyrighted by other individuals - be sure to have a disclaimer stating you are in no way responsible for user-generated content
Our next article will give you the chance to download a relatively sound website development contract.
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