Website Contracts
16 January 2009
Some things worth knowing before you sign a website contract.
Over the years I've seen some strange and often one-sided (in favor of the web company) contracts. A lot of website owners don't even have a written agreement with the companies that designed and/or manage their sites. Here are some things worth knowing before you sign any type of website contract.
1. Only sign a contract where you have total rights to the design, graphics and content of your website. You are paying for the creation of a website design. You own the rights to that – not the web designer.
2. Do not sign a contract that is full of legalese or language you do not understand. Cross out any language that is vague or inapplicable.
3. If the contract is one-sided totally in favor of the web design firm – run like the wind. Do you think a company like this really has your best interest at heart?
4. Timelines, dates of completion, payment terms and scope of work should be explicitly defined in the contract.
5. If you have any concerns, have an attorney review the contract. Attorneys will be looking out for what is best for you. It may be money well-spent.
If you are reading this and realize with shock and horror that you simply didn't know any of this – help is here so keep reading. The following are critical components of website ownership.
• Your Domain Name(s) - If your web company has registered your domain in THEIR name immediately transfer this to YOUR company name. Have the renewal notices come to your email address. Know where your domain name is registered (the domain registrar), your login/user ID, password and renewal date. You don't want to be the victim of an unscrupulous web company holding your domains hostage or taking your site down.
• Hosting – Know who is hosting your website. This is probably different than the domain registrar. Know the URL of your hosting company, their 800#, your login/user name, password and renewal date. Again, this should be in YOUR name, not the web company's name. Renewals should come to you. If your web company hosts your site they can take it down at anytime for any reason.
• FTP Access – Ask your web company to provide you with your FTP access codes, username, login/ID and password. These are necessary for you or any web designer you choose to access your website. If something happens with your web company or you simply want to switch companies you will need these.
• Backup – Download a backup copy of your website on CD. Most web companies perform regular backups of websites – check to make sure there is a current backup somewhere – always.
Congratulations! You now have in your possession the most important components of website ownership. You're in charge. If your webmaster decides to abandon you and ventures off to Tanzania – you need not worry. Is your web company lacking in customer service? You can switch. If your web company goes out of business or takes your site down – everything is not lost because you have a backup on CD.
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