Website Development Agreement
What is a Website Development Agreement?
A Website Development Agreement is a legally binding contract between a client (a business or individual) and a web developer or web agency for the design, development, and hosting of a website or web application. This agreement clearly defines the scope of work, payment terms, project timelines, intellectual property ownership, confidentiality requirements, and maintenance responsibilities, ensuring mutual understanding between both parties.
The contract serves to align expectations, protect the client's ownership rights over the final product, and offer legal remedies in case of disputes. It typically includes provisions for revisions, testing, and post-launch support to ensure a smooth development process and ongoing website functionality.
Example:
A local hotel aims to enhance its online presence by developing a new website. It enters into a Website Development Agreement with a nearby web development agency. The agreement outlines features like online booking, room and inventory management, a contact page for online orders, and SEO optimization. It also specifies clear delivery timelines, payment milestones, and intellectual property ownership of the site’s content and design. Provisions for post-launch support and regular updates are included to ensure smooth operations after launch.
Result?
A Website Development Agreement ensures a successful collaboration by minimizing risks related to delays, intellectual property conflicts, and lack of post-launch support. It fosters clarity, accountability, and trust throughout the project lifecycle.
Why a Website Development Agreement is Essential
A Website Development Agreement is essential for protecting your investment when hiring a web developer or agency to build your website. It ensures both parties are aligned on expectations, deliverables, timelines, and quality standards. By clearly defining the scope of work, payment terms, intellectual property ownership, and dispute resolution methods, the agreement minimizes the risk of miscommunication and conflict throughout the development process.
Without this contract, you risk ending up with a website that does not meet your needs or those of your customers, is delayed, or is delivered with substandard quality. In such cases, you may have limited options to recover your costs or seek recourse. A Website Development Agreement legally protects you by outlining clear consequences if the developer fails to meet their obligations or if the final product falls short of expectations.
Who needs a Website Development Agreement?
Website Development Agreement is essential for:
- Businesses hiring web developers or agencies to build their first website or redesign an existing one.
- Startups engaging developers for short-term or long-term website projects (e.g., launching a new e-commerce platform or landing page).
- Established companies managing ongoing web development relationships for maintenance, updates, or new features.
- Freelancers working with developers or agencies to create personal or business websites.
- Entrepreneurs launching online businesses who need professional websites built from the ground up.
- Anyone requiring clear terms around timelines, deliverables, and intellectual property rights to avoid disputes over design, function, or performance.
Example:
A small business owner hires a web development agency to create an online store. A Website Development Agreement ensures clarity on the scope of work, payment milestones, testing requirements, and post-launch support. It also defines intellectual property ownership, ensuring the business retains full rights to the website and its content. This protects the business from project delays, unexpected costs, or misunderstandings about deliverables, ensuring a smooth development process and a website that aligns with the business's goals.
Why you need a Website Development Agreement
Key Benefits of a Website Development Agreement
1. Defines Roles and Responsibilities: Clearly outlines both the client's expectations and the developer's obligations, ensuring smooth project execution. This helps avoid misunderstandings or disputes during development by setting clear guidelines for deliverables, timelines, and feedback cycles.
2. Ensures Legal Protection: Establishes an enforceable contract that protects both parties in case of breach, delays, or failures. The agreement serves as a safeguard, outlining recourse for non-performance or deviations from the agreed-upon scope of work.
3. Clarifies Payment Terms: Specifies the pricing structure for the project, payment milestones, and any additional charges (e.g., revisions, cancellation fees). This clarity helps eliminate financial misunderstandings and ensures both parties agree on the payment process.
4. Maintains Quality and Compliance: Ensures the website meets industry standards, security protocols, and relevant legal regulations, such as data protection laws (GDPR, CCPA). It also sets the expectation for performance and functionality, ensuring the project aligns with the client’s goals.
5. Provides Predictable Development Costs: A fixed pricing model helps the client budget accurately and avoids unexpected costs. This can be particularly helpful for startups or small businesses with limited budgets, ensuring there are no surprises once the project begins.
6. Safeguards Intellectual Property and Confidentiality: Protects proprietary code, website designs, and sensitive business information through confidentiality and intellectual property clauses. This ensures that the client retains ownership of the website and its contents while preventing unauthorized use or disclosure.
7. Reduces Risk and Liability: Clearly defines each party's responsibilities and liabilities, including warranty periods for defects and indemnity terms. By setting out these provisions, both parties are aware of their risks and obligations, reducing potential legal disputes.
8. Provides a Dispute Resolution Mechanism: Establishes structured processes for resolving conflicts, whether through negotiation, mediation, or arbitration. This helps avoid lengthy and costly court proceedings, keeping the development process on track and the working relationship intact.
When should you use a Website Development Agreement?
1. Unclear Scope of Work: Failing to clearly define what is expected from the developer—such as specific features, functionality, and design—can lead to confusion and disputes over what was promised.
2. Lack of Project Timelines: Missing or vague deadlines for milestones and final delivery can cause delays and hinder business plans, especially if the website launch is tied to an important marketing campaign or product launch.
3. No Penalty Clauses for Delays or Poor Performance: Without clear penalties for missed deadlines or subpar work, developers may not prioritize your project or meet agreed-upon standards. This can affect your business operations and result in financial loss.
4. Missing Testing and Revision Terms: If the agreement doesn’t specify the number of revisions or the process for bug fixes and testing, the developer may not address issues promptly, leaving you with a website that doesn’t function properly.
5. No Post-Launch Support: Without clear terms for ongoing maintenance and support after the website is live, you could face issues with future updates, security patches, or feature enhancements.
6. Lack of Intellectual Property Clauses: Failing to clearly outline the ownership of the website’s content, design, and code can lead to future disputes regarding who owns the intellectual property and whether the developer can reuse or sell the work.
7. No Dispute Resolution Process: If the agreement lacks a mediation, arbitration, or other dispute resolution clauses, you may find yourself in costly and lengthy legal battles in case something goes wrong during or after the development process.
Types of Website Development Agreement
There are various types of website development agreements, each tailored to specific project scopes, collaboration models, and budget requirements. These agreements help businesses align expectations, reduce risks, and ensure smoother delivery across the development lifecycle. Clients can choose from several models depending on the nature of the work, project clarity, and desired flexibility.
1. Fixed-Price Agreement
This agreement is ideal when the scope is well-defined and unlikely to change. A fixed budget and timeline are agreed upon before work begins.
Key Features:
- Total cost and deadlines are predefined.
- Scope of work is clearly outlined in a PRD or BRD.
- Limited flexibility—any change requests may incur additional costs.
Common For:
Small business websites, brochure sites, landing pages, or when the client knows their business requirements in advance.
Example:
A local hotel hires a nearby web agency to build a booking website for $3,000 with a 4-week timeline.
2. Time and Material Agreement
Best suited for projects where the requirements are unclear or likely to evolve. This model allows ongoing collaboration and flexibility.
Key Features:
- Billing is based on hourly or monthly rates.
- Highly flexible for changes and iterations.
- Often used in Agile or exploratory projects.
Common For:
Startups, MVPs, ongoing support, or when clients are still validating ideas.
Example:
A startup works with a developer on an hourly basis to test MVP features and refine the product over three months based on user feedback.
3. Milestone-Based Agreement
Ideal for medium to large projects with defined phases. It breaks the work into meaningful chunks, ensuring business assumptions are tested early.
Key Features:
- Payments are tied to milestone completions.
- Encourages accountability and progress tracking.
- Useful for phased execution—design, development, testing, etc.
Common For:
Custom platforms, e-commerce websites, and enterprise solutions, especially when delivery spans 3–12 months.
Example:
A logistics company pays a software firm in phases—UI design, backend development, API integration, and QA—for building their internal tracking system.
4. Maintenance and Support Agreement
Designed for post-launch upkeep, this agreement ensures a live website remains secure, updated, and functional.
Key Features:
- Covers bug fixes, backups, updates, and security patches.
- Typically structured as a monthly or annual retainer.
- No scope for change requests—more like an insurance policy.
Common For:
Any live website, especially those needing high uptime or regulatory compliance.
Example:
A healthcare portal signs a monthly support contract to ensure HIPAA-compliant backups, monitoring, and timely issue resolution.
5. Retainer Agreement
Ideal for clients needing continuous work, quick updates, or flexible development without fixed deliverables.
Key Features:
- Predefined hours or tasks per month.
- Access to a dedicated team for ongoing or ad hoc work.
- Offers flexibility to perform new tasks regularly—like a service subscription.
Common For:
Digital agencies, content-heavy platforms, marketing websites, and SaaS products.
Example:
A media firm contracts a team for 40 hours each month to manage SEO changes and landing page tweaks. While the firm may not know the exact tasks in advance, it is confident there will be at least 40 hours of work to keep the team engaged.
6. Build-Operate-Transfer (BOT) Agreement
This model is ideal for outsourcing large-scale web projects or full development operations which is increasingly popularity among enterprises. It’s especially beneficial when the client has an internal team willing to manage the system post-development but lacks the expertise or bandwidth to build it from scratch.
Key Features:
- A third-party provider builds and operates the platform temporarily.
- The client’s internal team is trained during the operational phase.
- Full ownership and control are transferred to the client after a defined period.
Common For:
Enterprise portals, government digital initiatives, joint ventures.
Example: A telecom company partners with a tech firm to build and manage its customer self-service portal, which is handed to their internal tech team over after two years.
Website Development Agreement: Key Inclusions and Structure
1. Parties Involved
This section identifies all parties involved in the agreement:
- Client (Business/Individual): The individual or entity hiring the developer to design, build, and maintain a website. The client provides necessary content, approvals, and defines project goals and timelines.
- Website Developer (Freelancer/Agency/Company): The individual, agency, or company responsible for creating and delivering the website according to the agreed specifications and standards.
2. Scope of Work
Clearly defines the services to be provided:
- Specifies the type of website (e.g., e-commerce, portfolio, informational, platform-based).
- Outlines core features (e.g., CMS, payment gateway, login system).
- Includes design, development, hosting, and maintenance if applicable.
- Lists all third-party tools, frameworks, or technologies used.
- Describes processes for testing, reviews, and revisions.
3. Project Timeline & Milestones
Sets the project timeline expectations:
- Breaks the project into phases such as planning, UI/UX design, development, testing, and deployment.
- Defines deadlines for key milestones and final delivery date.
- Includes timelines for revisions and review feedback.
4. Payment Terms
Details all financial arrangements:
- Specifies total project fee or hourly rate.
- Defines a milestone-based, phased, or fixed schedule for payments.
- Describes invoicing procedures, due dates, and applicable taxes.
- Includes clauses for extra charges on out-of-scope work or revisions.
- Covers deductions, reimbursements, or late payment penalties.
5. Intellectual Property Rights
Clarifies ownership of all project deliverables:
- Client retains full rights to the final code, design, and content after full payment.
- Developer may not reuse proprietary templates or modules unless explicitly allowed.
- All third-party media, plugins, or stock content used must be disclosed, with respective licensing clarified.
6. Confidentiality & Data Protection
Ensures protection of sensitive business information:
- Includes obligations to protect client’s internal tools, customer data, and content plans.
- Confidentiality obligations remain in force post-contract termination.
- Requires adherence to data protection laws (e.g., GDPR, CCPA, Indian IT Act).
- Prohibits unauthorized sharing or misuse of confidential data.
7. Warranties & Liability
Outlines warranties and limits of legal liability:
- Developer guarantees the website is bug-free, responsive, secure, and browser-compatible.
- Includes a warranty period (e.g., 30–60 days) for post-launch support and issue resolution.
- Developer is liable for damages due to bugs, security flaws, or breach of contract.
- Financial liability may be limited, especially for indirect or third-party damages.
8. Dispute Resolution
Establishes mechanisms for resolving conflicts:
- Disputes to be resolved through negotiation, mediation, or arbitration before litigation.
- Jurisdiction and applicable law (e.g., Indian Contract Act, 1872) must be specified.
- Includes timelines and procedures for initiating legal action if required.
9. Compliance & Legal Considerations
Mandates adherence to best practices and laws:
- Developer must comply with accessibility, SEO, performance, and security standards.
- Agreement must comply with local and international regulations related to copyright, data privacy, and consumer protection.
10. Amendments & Modifications
Defines the change request process:
- Both parties must mutually agree on scope changes, timelines, and pricing adjustments.
- All modifications must be documented and signed off before implementation.
11. Force Majeure Clause
Protects both parties from liability due to uncontrollable events:
- Covers natural disasters, pandemics, power failures, legal restrictions, etc.
- Parties must notify each other promptly and attempt to minimize delay or impact.
12. Subcontracting
Specifies rules around outsourcing work:
- Developer must obtain prior written consent before subcontracting.
- Developer remains fully responsible for subcontractor performance and compliance.
13. Termination Clause
Details the conditions for ending the contract:
- Either party may terminate the agreement for cause (e.g., breach of terms).
- Includes notice periods and any penalties or refunds due.
14. Scope (In-Scope, Out-of-Scope, Assumptions, Deliverables, Responsibilities)
Clarifies project boundaries:
- In-Scope: Lists features, services, and deliverables included.
- Out-of-Scope: Excludes services not agreed upon (e.g., mobile apps if not specified).
- Assumptions: States resource availability, client response times, third-party integration readiness.
- Deliverables: E.g., responsive website, CMS, admin panel, documentation.
- Responsibilities: Client provides content, assets, and approvals; developer ensures timely delivery and communication.
15. Termination for Convenience
Allows either party to end the contract without fault:
- Defines the required notice period (e.g., 15 or 30 days).
- May require compensation for partial work, pre-approved expenses, or resource allocation already made.
16. Non-Compete Clause
Restricts developer from working with direct competitors:
- Developer may not create websites for client’s competitors for a defined period after project completion.
- Especially applies when proprietary or unique features are involved.
17. Non-Solicit Clause
Prevents solicitation of relationships:
- Developer agrees not to approach or hire the client’s employees, contractors, or clients.
- Typically remains active for 6–12 months post-contract.
Important Indian Laws Related to Website Development Agreement
Indian Contract Act, 1872
In India, the validity of a Service Agreement is governed by the Indian Contract Act, 1872 (Sections 10, 14, 23, 27, and 73). The agreement must be lawful, voluntary, and enforceable. Section 27 allows reasonable restrictions on trade to protect confidential business information.
Consequences of Breach
GST Implications
Governing Laws
Copyright Act
IT Act
Trademark Act
Indian Contract Act, 1872
If any party breaches the agreement, the affected party can take action under the Indian Contract Act, 1872. Consequences may include:
- Legal Action - The aggrieved party can approach the court to enforce the agreement and recover losses caused by the breach.
- Compensation - The defaulting vendor may be held liable to pay monetary damages for any financial or business loss suffered by the client.
- Termination of Agreement - The non-breaching party can choose to terminate the contract immediately without further obligations.
- Impact on Professional Reputation - A breach can harm the vendor’s credibility in the industry, affecting future projects, client trust, and long-term business prospects.
Goods and Services Tax (GST) Act, 2017
As per the Goods and Services Tax (GST) Act, 2017, services provided under Home Service contracts are subject to GST. The service provider must charge and remit GST at the applicable rate. Both parties should clarify whether pricing is inclusive or exclusive of GST to avoid tax disputes.
Arbitration and Conciliation Act, 1996
Under the Arbitration and Conciliation Act, 1996, disputes arising from the Home Service Agreement can be resolved through arbitration, ensuring a faster, confidential, and fair resolution.
An arbitration clause in your agreement ensures benefits like:
- Faster Resolutions: Avoids lengthy legal battles.
- Scope of Services: The description of services provided by the parties.
- Confidential Proceedings: Keeps sensitive business information private.
- Fair Dispute Resolution: A neutral arbitrator decides the case.
Copyright Act, 1957
Protects the original content, design, and code developed for the website. (Under Section 17 and 19) – Specifies that the developer (creator) owns the copyright unless the agreement transfers ownership to the client and requires a written agreement to transfer copyright ownership.
Consequences of Copyright Breach
If the agreement doesn’t clearly transfer copyright, or its terms are breached:
- Legal Action – The rightful owner can sue for copyright infringement and to immediately stop the use of the product.
- Compensation – The violating party may pay damages or statutory penalties.
- Criminal Liability – In serious cases, fines or imprisonment may apply.
Information Technology Act, 2000
The Information Technology (IT) Act, 2000 governs electronic contracts, data security, and cyber laws related to software and IT services. Under Section 10A ,43A and Section 72 that penalizes unauthorized access, misuse, or disclosure of confidential business and user data.
Consequences of Breach:
- Compensation - In case of Civil complaint, the wrongdoer will be held liable to pay monetary damages for any financial or business loss suffered.
- Legal Action - In case of Criminal complaint, the other will have to pay penalties or imprisonment for the defamation caused and for the unauthorized access or data misuse.
Trademark Act, 1999
Protects domain names and website branding elements like logos, slogans, and brand identity. Prevents unauthorized use of trademarks that could mislead consumers.
Consequences of Breach under the Trademark Act, 1999
- Legal Action: Where the court orders to immediately stop using the trademark or to take certain actions to fix the harm caused.
- Damages or seizure of goods: Where any products, packaging, or materials carrying the copied trademark may be taken away or destroyed.
- Monetary Compensation: The wrongdoer will have to pay compensation to the trademark owner for the losses suffered or for the profits earned by using the mark illegally.
Checklist for Website Development Agreement in India
1. Keep Multiple Copies
Action: Maintain at least two signed versions—one with the developer (freelancer/agency) and one with the client.
Tip: Also save digitally on platforms like Google Drive, Dropbox, or DigiLawyer Cloud.
Expert Insight: Digital records are especially useful for referencing project deliverables, timelines, and payment history during disputes or audits.
2. Use Legally Valid Digital Signatures
Action: Ensure both parties use valid digital signatures in compliance with the IT Act, 2000.
Tip: Aadhaar eSign, DigiLawyer E-Sign, or DSC-based platforms are legally recognized in India.
Expert Insight: Use platforms with OTP or email verification to reduce the risk of unauthorized signing.
3. Pay Applicable Stamp Duty
Action: Pay stamp duty based on your state’s commercial contract regulations.
Tip: In most states, stamp duty for service contracts like website development ranges between ₹100 and ₹500.
Expert Insight: Proper stamping makes the agreement admissible in court if disputes arise.
4. Clearly Define the Scope of Work
Action: Specify the type of website (static, dynamic, e-commerce), features, technologies, pages, and performance expectations.
Tip: Attach annexures for wireframes, modules (e.g., blog, checkout), integrations (e.g., payment gateway), and design specs.
Expert Insight: A clear scope reduces chances of “scope creep” and protects against excessive revision requests.
5. Outline Roles and Responsibilities
Action: Define what each party is responsible for—design, development, content, hosting, domain, SEO, UAT, deployment, and support.
Tip: Use annexures or a roles-and-tasks matrix for clarity.
Expert Insight: Clearly allocated responsibilities reduce delays and miscommunication in execution.
6. Establish Transparent Payment Terms
Action: Define the payment structure—milestone-based, per module, or hourly.
Tip: Mention deposit percentage, GST inclusion, balance payment timelines, and late payment penalties.
Expert Insight: Linking payments to milestones (e.g., wireframe approval, beta launch) ensures cash flow and motivates delivery.
7. Add Confidentiality & Intellectual Property Clauses
Action: Ensure protection of client data, credentials, and code.
Tip: Clearly state that ownership of source code, design, and content transfers upon final payment.
Expert Insight: Specify IP transfer timeline and access rights to avoid disputes.
8. Include Revision, Testing, and Bug-Fixing Terms
Action: Define number of revision rounds and post-deployment support.
Tip: Mention turnaround times and fees for additional revisions or bug fixes.
Expert Insight: Limit free revisions and document testing protocols.
9. Define Timelines and Delivery Milestones
Action: Set realistic deadlines for drafts, development sprints, testing, and go-live.
Tip: Include buffer time for approvals and feedback.
Expert Insight: Use a Gantt chart or milestone calendar to track progress.
10. Include Service Level Agreements (SLAs)
Action: Define support timelines for bugs, downtime, or queries post-deployment.
Tip: Use severity levels (e.g., Critical – 2 hrs, Moderate – 24 hrs).
Expert Insight: SLAs build accountability and ensure smooth post-launch operations.
11. Add Hosting, Maintenance & Handover Clauses
Action: Clarify who handles hosting, maintenance period, and handover process.
Tip: Specify whether client gets admin access and source files upon handover.
Expert Insight: Avoid lock-in by ensuring the client has full control post-launch.
12. Define Termination, Renewal, and Exit Clauses
Action: Outline contract duration, renewal process, and termination terms.
Tip: Include assistance during exit (handover, documentation, source code).
Expert Insight: Add a “termination for convenience” clause with reasonable notice.
13. Add Dispute Resolution and Jurisdiction Clauses
Action: Decide on mode of resolution—arbitration, mediation, or litigation—and the jurisdiction.
Tip: Choose a mutually convenient city (e.g., Delhi, Bengaluru, Mumbai).
Expert Insight: Arbitration works well for tech contracts to avoid prolonged litigation.
14. Include Indemnity and Limitation of Liability
Action: Protect against third-party claims (e.g., template copyright, plugin misuse).
Tip: Cap liability at contract value and define indemnity triggers.
Expert Insight: Use mutual indemnity clauses to protect both parties.
15. Ensure Regulatory & Copyright Compliance
Action: Comply with IT Act, copyright laws, and data protection norms.
Tip: Use only licensed or original plugins, themes, and media.
Expert Insight: Assign responsibility for compliance to avoid future legal risks.
16. Get a Legal and Technical Review
Action: Get the agreement reviewed by legal and tech experts.
Tip: Ensure both legal compliance and technical feasibility through dual reviews.
Expert Insight: This prevents future conflicts over deliverables, access, or scope.
Common Mistakes to Avoid in Website Development Agreements (India)
For Client
✅ Do's | ❌ Don'ts | Expert Tip |
Provide clear, detailed requirements and expectations for the website. | Don’t change the scope of the project without prior discussion and agreement. | Create a written brief with goals, features, references, and technical needs to avoid ambiguity. Use annexures to formalize scope. |
Communicate feedback regularly and be available for timely reviews. | Avoid delaying feedback or approvals, which can cause project delays. | Set fixed weekly check-ins and assign a SPOC (Single Point of Contact) to streamline communication. |
Ensure prompt payments as per the agreed terms. | Don’t withhold payments without valid reasons or informal disputes. | Tie payments to milestones and document any disputes in writing to prevent escalation. |
Respect the developer’s creative and technical process. | Don’t micromanage or override technical decisions without rationale. | Trust the expert—developers often base decisions on performance, SEO, and long-term maintainability. |
Use proper contract language and read the fine print. | Don’t sign templates or generic agreements without customization. | Ask for legal and technical review—boilerplate terms often miss website-specific clauses like IP ownership or data handling. |
For Website Development Agency
✅ Do's | ❌ Don'ts | Expert Tip |
Provide a detailed proposal, technical scope, and timeline before starting work. | Don’t overpromise or misrepresent platform capabilities (e.g., claiming custom when using templates). | Share technical constraints and CMS/plugin dependencies up front. Include a buffer in timelines for client-side delays. |
Communicate regularly on progress, blockers, and updates. | Avoid ignoring or delaying client feedback cycles. | Use tools like Trello, ClickUp, or Basecamp with version logs and visible progress reports. |
Deliver the website per agreed scope, features, and design expectations. | Don’t take shortcuts that affect performance, responsiveness, or SEO. | Perform QA across devices, screen sizes, and browsers. Use tools like GTMetrix, Lighthouse, and BrowserStack. |
Offer reasonable post-launch support or bug-fixing. | Don’t disappear after handover or treat maintenance as optional. | Mention a 15-30 day support period in the contract, and offer extended AMC options separately. |
Ensure proper IP transfer and handover process. | Don’t retain control over client credentials or assets after payment. | Use a checklist for handover—code, admin access, credentials, documentation, and design assets. |
Why DigiLawyer?
DigiLawyer simplifies the process of drafting legally verified Website Development Agreements, ensuring that both parties are protected throughout the engagement. Whether you need a standard template or customized clauses for delays, non-compete, non-solicitation, or subcontracting, we ensure your agreement is tailored to your needs and fully compliant with the Indian Contract Act, 1872, and the Arbitration and Conciliation Act, 1996.
With DigiLawyer, you can draft your Website Development Agreement in minutes—fast, simple, and both legally and technically sound. We understand technology to its core. Our platform guides you through every step, ensuring that your business and contractors are legally protected.
From notarization and expert consultations to 24/7 support, DigiLawyer ensures your Website Development Agreement is rock-solid. Ready to safeguard your interests? Let DigiLawyer help you draft your Website Development Agreement today!
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FAQs Related to Website Development Agreement
It clearly outlines:
- Roles & Responsibilities: Details the responsibilities of both parties. For example, the client may be required to provide content, images, or access to third-party services.
- Payment Terms & Pricing: Specifies the total cost, payment structure, and schedule (e.g., milestone-based, hourly, or fixed-fee).
- Project Timeline & Delivery Deadlines: Outlines the project schedule, including major milestones (e.g., design approval, beta testing, final delivery), and addresses provisions for delays or extensions.
- Intellectual Property Ownership: Clarifies who retains the rights to the website's design, code, and content upon completion.
- Confidentiality & Data Protection: Protects sensitive client information, such as login credentials, customer data, and proprietary business insights, through confidentiality clauses.
- Testing, Revisions, and Maintenance Describes the testing process for functionality, usability, and bug identification. Defines the number of allowed revisions and how change requests will be managed. Includes post-launch maintenance terms, such as updates and technical support.
- Termination Clauses: Lists the conditions under which either party may terminate the agreement—such as breach of contract, delays, or non-payment.
- Dispute Resolution: Outlines the preferred method for resolving disputes (e.g., negotiation, mediation, arbitration) and identifies the applicable jurisdiction and governing law.
Yes. A Website Development Agreement is legally binding if it is signed by both parties and fulfills the requirements of a valid contract under the Indian Contract Act, 1872.
Yes, with modifications. For international projects, include terms like currency/payment method, applicable taxes, dispute resolution method (e.g., arbitration), governing law, and data protection clauses to ensure enforceability across jurisdictions.
Not always. For simple projects, you can use it as-is. But for high-value, complex, or international projects, it’s best to consult a lawyer for review or customization to reduce legal risk.
Yes, but each time you must update key fields such as the scope of work, timelines, deliverables, payment structure, and client-specific clauses to match the new engagement.
Absolutely. The agreement is designed for full customization—especially in the areas of project scope, pricing, deadlines, and service specifics—to make it relevant and enforceable.
No. Notarization is not legally required in India for such agreements. However, it can provide an additional layer of proof and authenticity if a dispute arises.
Include a revision policy in your agreement. Clearly state how many rounds of revisions are included, and mention extra charges for additional changes. This avoids scope creep and payment disputes.
Your agreement should define milestones, partial payments, and termination clauses. You can also include penalties for abandonment or delays. This protects the client from unfulfilled obligations.
Only if the agreement explicitly states assignment of Intellectual Property (IP) rights. Make sure it says that the client retains ownership of source code, designs, and content upon final payment.
Yes, but it must be reasonable and time-bound. Include a non-compete clause to prevent the developer from working with direct competitors for a specific duration and region.
Yes, if timely delivery is critical. Add a delay penalty clause stating deductions or consequences if the developer fails to meet agreed timelines.
Include a warranty/support clause that outlines how long the developer will fix bugs or maintain the site after handover, and whether it's included in the original cost or charged separately.
Yes, if a termination clause is present. Define under what conditions either party can exit the agreement (e.g., non-performance, breach of contract), and any exit payment or handover obligations.
Clarify this in the IP and originality clause. You may require the developer to confirm that the code is original, licensed properly, or not violating third-party IP rights—even if AI tools are used.
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