|This contract is for use between a website developer/designer and a client wishing to have a website designed, built and supported with the marketing and technical resources of the Developer. It is drafted for the benefit of the Client.
Similar to the development of software, Website development is very specialised. To that extent, any party who wishes to contract with a Website Developer, will have to rely almost entirely upon the Developer’s skill and judgement to advise not only on the layout and format of the Website but also on its operation; for example, the speed with which it appears on screen when accessed, the manner in which it ‘hyperlinks’ to other Websites and the ease with which goods can be accessed, ordered and/or paid for over the Internet.
The contract is drafted to balance the degree of reliance which the Client must have in the Developer by including extensive and stringent warranties and acceptance testing to ensure that the Website turns out to be the product that is envisaged and to be an effective vehicle for promotion and sale of its goods and services. Warranties and acceptance tests require specific tailoring for the required Website and are extremely varied in nature. Proper advice should be sought on these issues in particular.