Website Development Agreement lawyer

Website Development Agreement Drafted By Expert Lawyer

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PAIL® Solicitors offers bespoke website development agreements for businesses seeking specialist expertise in the digital media, technologies and entertainment industries. Contact us via the above form or at peter@pailsolicitors.co.uk or on 0207 305-7491 charge rates may apply and may vary).

What do you need to know when hiring a Website development agency or consultant?

Let us ask you a question. Do you know the most important question when hiring a website development agency or consultant? The critical question to your success as a start-up or SME business online when hiring a website developer or consultant is what kind of website you want when the project is finished?. Do you know what NOT to do when negotiating the website development agreement? What are the issues to compromise on, and on what matters do you push back?

The critical question to your success as a start-up or SME business online when hiring a website developer or consultant is what kind of website you want when the project is finished?.

Whether it's a new business, product launch or website upgrade, you need a result that delivers. The best practice is to approach your web developer with your desired outcomes clear in your mind and the project milestones firmly established.

If you don't deal with website development correctly, the fallout from either hiring the wrong web developer or engaging the right developer but failing to negotiate the terms of the agreement precisely, can be costly with multi-layered damage to your reputation and budget.

We receive several complaints from start-ups and SMEs when the website development goes wrong. How do you minimise the risk of things going wrong which sets back the development of the website or, worse, stops the project from proceeding?

Here is all you need to know about the top mistakes to avoid when hiring a web development agency or consultant to ensure an end product which doesn't disappoint.

1.     Lack of proper planning

Building a website is a specialist skill, but that doesn't mean you hand over the task to a web development consultant and hope for the best.

Before recruiting a web development agency or consultant, you must thoroughly plan your web development project.

Your project planning should include:

1. Evidence that the developer has experience working in your project sector.

2. The desired outcomes for your new website or app.

3. The essential functions the finished product will need to perform.

4. The purpose of your new project.

5. Your budget in incremental amounts based on milestones.

6. What is the developer's estimated cost for building the website you want?

7. Your required actual or estimated delivery dates for each critical milestone.

8. What are the developer’s expected timeframes for delivery, and do they meet your expectations?

9. What is the developer's build process?

10. How will the website be built? Will it be custom coded or built mainly or wholly on templates?

11. Will the website be responsive? There are guidelines such as the CAG 2.1 international Accessibility guidelines, which require websites to be inclusive to all those with visual, motor or auditory disabilities. Not doing so can exclude potential website visitors, narrow your audience, and is unlawful in some jurisdictions.

12. Essential services you expect your web developer to deliver as opposed to nice to have.

13. Your dedicated point of contact.

14. Will the work be completed In-House or outsourced?

15. What involvement does the developer expect from your commercial team in the build process?

16. Any other required outcomes.

2.     Absence of agreed terms

Now you're clear about what you need from your web development agency or consultant. Before choosing one, put all your requirements in writing in the form of heads of terms with a detailed proposal, so you don’t get swayed by big promises and presentations that sound impressive but underdeliver. These heads of terms will form the basis of the eventual website development agreement.

 Most agencies or consultants will have their agreement that they prefer you sign. It is okay to use their template, provided you get it reviewed by a specialist lawyer. A specialist lawyer will identify the issue you need to push back on and those that are standard industry practice.

Agencies and consultants are great at selling their services. You need results, so ensure all your requirements are included in any agreement before commencing the hiring process. You do this through negotiation and offering alternative clauses to the contract.

3.     Failure to research

To complete your key deliverables and hire the best web development agency or consultant for your project, you will need to conduct purposeful research.

Your new website or app will reach more people than you could ever meet in person. It's the face of your business, so you should know what you need your new tech to do and employ the best agency or person for the job.

That means you must research essential functions necessary for top performance, such as SEO (Search Engine Optimisation), responsiveness, mobile capability, content writing, website speeds, leading CMS (Content Management Systems) and more.

 Websites are complex business tools. Simply hoping you recruited the right web development agency or consultant will not deliver all you need.

 In the same way, you have to learn about a new device or appliance before buying one. You'll need to research what you require your web development consultant to do for you before you hire one.

4.     Seek the right match

The web developer you hire needs to be someone you trust. Much like your mechanic or surgeon, some of the tasks your web development agency or consultant will perform are back-end work that you cannot monitor.

You wouldn't hire someone to fix your roof without checking they were qualified to do the job, and you shouldn't recruit a web developer without researching their credentials.

 There are many types of web developers, from eCommerce specialists to web designers and full-stack developers. Web development agencies and consultants have a wide range of multiple skills and specialisations. You must ensure the web developer you hire has the right skill level, experience, and services to meet your needs.

5.     Compare quotes

Don't be overwhelmed by jargon, low rates or visual appeal. Hire your web development company using the same process you would follow in choosing any other service.

 Shop around, learn the going rate for the services you need, get at least three quotes and compare the range of services each web development consultant offers.

6.     Validate experience

You wouldn't hire someone to fix your roof without checking they were qualified to do the job, and you shouldn't recruit a web developer without researching their credentials.

 An experienced web development agency or consultant will have a professional portfolio with a wide range of work for different companies, including links to live samples. They should also have various reviews and plenty of evidence of work within your sector.

Businesses vary, so your web developer may not have worked on a business that's a replica of yours, but they should have ample experience working within your industry.

 The biggest mistake you can make is to be the test subject. Websites and apps are complicated builds, so you must hire someone with a complete overview of what you need now and in the future for business success.

7.     Think ahead

A website or app is a permanent business tool so ensure you plan for the long term. Ensure you do not overlook post-build considerations such as marketing and website management.

Beyond superb performance, ensure your new website or app is designed so it will be easy for you to update yourself and has all the functionality necessary to sell online successfully. If you can't do it yourself, hire a website manager or a website management team, including marketers, if you can afford it.

If you don't, you'll find yourself with a useless product and serious issues that you must fix quickly.

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