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contract 7

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onpnt

onpnt

Programmer
Dec 11, 2001
7,778
US
I've had a web development business for a few years now and have never used contracts for anything. My main tasks were database integration with asp so word of mouth on the job cost etc was always good enough for me. Well, recently I've run into a stubborn (if you will) client on the payment side of things and it's made me want to go with the use of contracts for clients.

My question is would this be a issue to talk over a legal advisor? or can I just write something up and if I can what should this doc contain? also if that would be a legaly binding contract without legal advice?


Thanks for the advice! [bomb]
I may not get it the 1st or 2nd time,
but how sweet that 15th time can be.
admin@onpntwebdesigns.com
 
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Hi onpnt,

Personnalyy I would get a lawyer to do it. There might be some ways of wording things, that if you screw up by doing it yourself, could come back to haunt you.

I need to do the same thing, b/c I want to only work with contracts, I think it is much more professional and keeps everything orderly and tidy about what is said and what needs to be done and how much it will cost, etc.

Your contract doesn't have to be complex, but I would sit down with a lawyer to do it.

That is my personal opinion, you don't have to take this route.

Hope this helps! NATE
spyderix.gif

design@spyderix-designz.com
 
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Hi SPYDERIX
You know I really never considered that coming back to haunt you if I would screw something up.
It would probably be pretty easy to make a small misleading phrase that would do just that.

Thanks


[bomb]
I may not get it the 1st or 2nd time,
but how sweet that 15th time can be.
admin@onpntwebdesigns.com
 
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Hi onpnt,

what about goin to your local office supply store. I've seen lelgal packages you can buy including lease agreements, contracts, etc.

I've also seen some web sites that sell this sort of thing.
sorry, can't remember the URL's
 
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Hi mate,

I would personally go with fxcolin's idea.

Local libraries here in the UK (Notsure where you are) also have general purpose legal documents that you could use.

Or, another way would be to contact a firm to do a small job for you, tell them that you require a contract before any work starts. It would probably cost less than a lawyer!! LOL

Hope this helps Wullie

sales@freshlookdesign.co.uk

 
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onpnt, I use contracts all the time...and I never went to a lawyer, or anything...
I did, however, use research, looked at old contracts to get the idea. In all my contracts I write in plain english what the client is hiring me for (like what the job entails, in descriptive details.) Only write what the client is paying you for...
This is an example of what I use. It may not be very professional, or verry wordy, but it states in plain english what the client is paying you for, and what additional, if any, services you are providing. So far I have not gotten into any legal issues...

Code: 
The agreement between ___________ represented by _________ with ____________ is being drawn up on the _____________ to publish a website for _____________.  

___________ will be putting together a website for ___________.  _____________ will be responsible for providing any and all information to ________________.

____________ will be responsible for the following:

 Index 	____________________________.  

 Page 2	____________________________.

 Page 3	____________________________.  


_______________ will receive a sum of $_______ in U.S. currency for the site as stated in this contract, plus an additional $__________ for site maintenance for ____________ from the day the entire site is fully functional.  The site maintenance will only cover updates, and problems caused with the coding and functionality of the site.  ____________ is not responsible for any and all site related damages caused by viruses, hackers, ISP related issues, web hosting related issues, and any other issues caused by any one person, or company that modifies the coding or design layout without the explicit written permission from ______________.  

This contract is void after the initial site is up and running.  Any other major, drastic changes will result in another contract agreement.  A new contract must be drawn up if the services of ____________ are required by _______________________ hereafter.

Any features, not mentioned in this contract, can be added for a seperate fee.  If other major features are to be added, then anther contract must be drawn up, making this contract void.
I have not failed; I merely found 100,000 different ways of not succeding...
 
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everyone, thanks for the input and recommendations. I've taken everyone and put them into action.

SPYDERIX, I have a free concoltation with a lawyer next week. no obligations. I think it deffinetely should be looked into.

fxcolin, what you said was a excellent idea. I went to a office supply store by me (officemax) and I got four packets on various was of writting contracts and templates plus three of them came with a ROM with legal issues regarding contracts and approaches for implementing them.

cian, you set my mind on at least talking with a lawyer.

GUJUm0deL, that you very much for the example. knowing your approach hasn't caused any problems eases the mind greatly.

also wullie, I never considered the library. (whats a library[lol]) I called ours and they not only have templates of various small business contracts but they also have a DB of submitted contracts that were used.

thanks again all.

[bomb]
I may not get it the 1st or 2nd time,
but how sweet that 15th time can be.
admin@onpntwebdesigns.com
 
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GUJUm0deL

I cringed at one thing you said.

So far I have not gotten into any legal issues...

While this may mean that you are doing your job correctly and the customer is satisfied, you still don't know if this contract would stand the pace of court action.

The only real way to find out if a contract is legally valid, short of getting a laywer, is to actually take that contract through a court case. You could well find that a laywer would rip that contract apart in court.

Personally, I think the following are really dubious:

This contract is void after the initial site is up and running.

So, in other words, this could not be used in court after the site is running.

_______________ will receive a sum of $_______ in U.S. currency for the site as stated in this contract, plus an additional $__________ for site maintenance for ____________ from the day the entire site is fully functional.

You mention nowhere when the money is to be paid. Legally they could pay you in ten years and you don't have a leg to stand on.

Hope this helps
Wullie

sales@freshlookdesign.co.uk

 
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Even if you go to a lawyer to draw up a contract.. be sure and read it yourself for clarity IN ADDITION to having someone else read it to. Lawyers can screw up or you can miscommunicate what you want. Make sure u cover these points:

Who the Agreement is between;
The date of the Agreement;
The date you will begin the job;
The timeframe you are expected to finish the job;
What services you are providing to the client;
If you are charging a base price, what they get for the base price (# of pages, graphics, re-edits);
Cost of your service;
Cost of your additional service (above base price);
Method of Payment;
Full Payment Due By Terms
Do you expect a Deposit?
What will terminate the contract on their part;
What will terminate the contract on their part;
Refund of Money (if any) terms.
Signatures and dates of both parties.
 
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THATS SHOULD BE

What will terminate the contract on their part;
What will terminate the contract on YOUR part;
Refund of Money (if any) terms.
Signatures and dates of both parties.
 
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JUST SOME ADVICE...

WULLIE IS CORRECT ... EVERYone runing a business should either use a contract or a detail invoice. You dont need a bunch of legeleese, plain words will do.. just be specific.

Now the only contacts that arent enforcable are those made under duress and contracts with a minor. A minor CAN make a contract but its not enforceable, meaning the minor can walk away at any point with no responsibility.

But if a contract signed, you've given services/goods and there is consideration your contract is vaild.

The worth of the contract comes thru when something goes wrong.
 
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Kjonnnn,
Basically your points to cover sounds like a well thought out contract.

With this and the other examples I don't think it would be a problem writing a draft to bring and go thru
Thanks
[bomb]
I may not get it the 1st or 2nd time,
but how sweet that 15th time can be.
admin@onpntwebdesigns.com
 
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Kjonnnn makes a great point about the lawyer.

They CAN screw up, it does happen.

Just because 'one' is a 'lawyer?!',
doesn't mean they finished at the <b>head of the class!!</b>

Methinks the same goes for doctors

Geez, you never stop learning !

Later, Skater

 
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Anything...

If you have an incorporated business... make sure the contract is between the Business and the Client,,, and that when u sign, sign your name and title.

This clearly demonstrates that the agreement is between the client and your business, not the client and you personally.
 
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wullie, good eye! I did not notice that part. That could be because all my clients have paid me half up front and the rest when I delievred the site.
Hmmm...*me thinks I will update the contract again*... I have not failed; I merely found 100,000 different ways of not succeding...
 
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IF I MAY?


The agreement between ___________ [AND WHO} represented by _________ with ____________ is being drawn up on the _____________ to publish a website for _____________.

___________ will be putting together (PUTTING TOGETHER? WHAT DOES THAT ENTAIL) a website for ___________. _____________ will be responsible for providing any and all information to ________________.

____________ will be responsible for the following:

ï‚Ÿ Index ____________________________.

ï‚Ÿ Page 2 ____________________________.

ï‚Ÿ Page 3 ____________________________.


_______________ will receive (WHEN?) a sum of $_______ in U.S. currency for the site as stated in this contract, plus an additional $__________ for site maintenance for ____________ from the day the entire site is fully functional. (IF SOMETHING IS NOT RIGHT, THE CLIENT MAY SAY ITS NOT FULLY FUNCTIONAL) The site maintenance will only cover updates, and problems caused with the coding and functionality of the site. ____________ is not responsible for any and all site related damages caused by viruses, hackers, ISP related issues, web hosting related issues, and any other issues caused by any one person, or company that modifies the coding or design layout without the explicit written permission from ______________.

This contract is void (YOU CONTRACT TERM ENDS, VOIDS MEANS SOMETHING ELSE) after the initial site is up and running.

[YOURE CONFLICTING YOURSELF WITH THE MAINTENACE... ON ONE HAND YOU SAY THE CONTRACT IS OVER AFTER THE SITE IS SET UP, BUT ON THE OTHER HAND YOU SAY YOU'RE DOING MAINTENANCE AFTER THE SITE IS UP] [YOU NEED TO HAVE A SEPARATE MAINTENACE CONTRACT, BECUASE IF THIS CONTRACT ENDS AFTER THE INITIAL PUBLISHING OF THE SITE, YOU HAVE NO CONTRACTUAL AGREEMENT TO DO MAINTENANCE.. ITS A CATCH22 AND DOESNT MAKE SENSE.]

Any other major, drastic changes will result in another contract agreement. A new contract must be drawn up if the services of ____________ are required by _______________________ hereafter.

Any features, not mentioned in this contract, can be added for a seperate fee. If other major features are to be added, then anther contract must be drawn up, making this contract void. [YOU MENTIONED 3 DIFFRENT TIMES ABOUT A NEW CONTRACT. MAKE ONE PARAGRAPH WHERE THE NEW FOR A NEW CONTRACT WOULD BE NEEDED]

 
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kjonnnn, I took a look and its good...
[smile]... I have not failed; I merely found 100,000 different ways of not succeding...
 
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