|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 Developer.
Websites are the "shop windows" in the electronic commerce marketplace, which involves the selling of goods and services on-line (usually) over the Internet to a global market.
A Website may be simple, where it is merely used as a "shop window" or brochure to display, describe or list goods and services, which may be purchased for physical delivery to a specified address (e.g. ordering a book or new computer). Alternatively, a Website can be designed as a more sophisticated tool which provides for the on-line ordering, electronic payment and electronic delivery (i.e. downloading) of digital material of any type (e.g. downloading of software or music from the Internet) or it may be the on-line provision of a service (e.g. an advice line or an after-sales support/“help” line). Whichever type of Website is required, its creation is of vital importance.
In order to create a Website to “display” or advertise such goods and services, companies, firms and individuals alike need either to use a specialist Website creation software tool (if they want to do it themselves) or enter into a contract with a specialist Website developer.
Website development is similar to the development of software, it is very specialised and needs skill, judgement and experience to harness effectively the potential opportunities of global on-line trading. However, the developer cannot guarantee that a Website will attract potential purchasers or generate revenue, therefore it must be careful not to over-emphasise or over-sell the nature of a Website and indeed that of global ecommerce.
As this Contract is drafted for the benefit of the developer the terms are drafted to ensure that it is not undertaking or guaranteeing anything over which it has no control and furthermore is not giving warranties for any performance or results of the Website use.
This contract protects the intellectual property rights of the developer in the creation of the Website and in any new processes or inventions which arise during development. This is particularly important in such a new field of activity where every new Website may involve a new way of doing something (e.g. webcasting of sound, music or video material) or linking to other Websites or facilities (e.g. linking to a secure server, to a translation service, to a trust or accreditation mark/code of conduct or to some other new facility or services which are continually evolving on the Internet).
Once the Website development is complete and the developer is not also hosting, full payment should be made and the Website then transferred to the organisation which will host the Website. Any support or enhancement thereafter is at an extra charge.