I have just had a potential client, pull my Terms and Conditions to pieces, clients in the past have been happy with these, and they do not make any ludicrous demands, here is an excerpt of the email i received back from them ... (**client name etc... omitted) ...
4.2 Supply of materials (isn't X supplying some images and originating graphics?) (in accordance with agreed specification....where's the spec?...our brief?...in which case we need some clarity on who's expected to supply what and who's responsible for ensuring they are licensed for use)
4.3....whilst we'd want very much to adhere to 7 days, me being out of the country with no web access at a crucial stage, might make this impossible, can we please change this to 14 days?
4.3 2.1 asks for one third deposit (one third is 33.3 recurring %) making the balancing payment 66.6 recurring %) would be clearer if it were 35% deposit and 65% balancing, making the deposit a little
more than one third.
4.4 change to 14 days please
4.5 as per note for 4.3
4.6 is potentially onerous, in that IF for whatever reason we didn't pay or were unable to pay (due to unforseen circumstances...illness, Act of God etc etc), Contractor would have the right to 'replace' or 'modify' the website, and this could of course include ways that are unsuitable to the image and reputation of (Client). I have no truck with a clause that allows (Contractor)to remove the site and revoke the licence under those circumstances, this seems entirely fair. Also, we need a clause that
states that if it becomes necessary for (C0ntractor) to excercise its rights under this clause, full payment of the outstanding amount would, without penalty, reinstate the licnece and replace the website, within 24 hours of receipt of payment.
5.2 needs some words that make the reverse true too. ie: content supplied by (Contractor) is bone fide. Also, an exception needs to be added to the indemnity in this clause: eg "....(CONTRACTOR) and indemnifies the same from any claims or legal actions however related to the content of the Client's site, except where such claims or legal actions relate to content supplied by (Contractor).
5.5 Can we have some clarification on the implications of this clause? If for whatever reason, say 12 months down the line we wish to have the site overhauled, does this clause tie us to (Contractor)?
Don't we have the freedom to commission a different designer to make modifications?
6.1 I don't want the right to terminate to be based on one person's judgement of my morality or to be as vague as being based on us, our website or content being 'otherwise unacceptable'.....what does that mean? Please be specific or remove the clause.
6.2 In the event of software, hardware or electrical failure, preventing (Contractor) from delivering the contract, we would want our deposit returned....there is nothing in the contract that allows for this.
You should write your own contract for them, and they should have one for you.
So you don't get stung!
The company that wants to work with me , wants to keep hold of me , that is the impression i have gotten from speaking to them, is it possible to reference this in some way in a contract (ie. a minimum 12months contract) ??
Here I go with my first post , be gentle with me !!
I have recently being working with a client designing small sites for them, and we agreed on a set price per one (there was a lot of work so the fee was nominal). Now no contract was ever drawn up at the time , but things did run smoothly and still do ......... Now they are looking at furthering the relationship and giving me larger projects to work , and of course now a contract / non-disclosure agreement etc needs signing ... my questions are who should be writing up the contract , me or them ? should i mention my hourly rate or per day or per project ..... i'm pretty damn stumped and want to get it all watertight , and amicable for both sides as they have been a great company to freelance for .
