Provided by: Jennifer Kirschenbaum, Esq.
April 6, 2021
Question:
Hi Jennifer,
I'm getting a new web designer. Is the contract going to be standard? Can I sign it?
Please let me know.
Dr. G
Answer:
Web designer contracts are not standardized, at all. Each company has its own version, and each contract should be read carefully. There are some key concepts you should not sign over. A few examples include ownership of your site - always keep control over your website - do not cede ownership to a vendor for hire. Another concept that is often muddled or framed against you - make sure any web designer classifies their work as "work for hire" - meaning any improvements or work they do is for your benefit, to be owned by you. In addition to ownership concepts, be careful not to sign over liability limitations for the web designer - meaning, if the web designer steals content or infringes on someone else's intellectual property rights you have a contractual right to recover. Of course, the basic contractual provisions such as venue and governing law section, term, termination, services/deliverables, fee structure - all also require fresh eyes and review.
So, short answer, No. Not standardized, yes, requiring review. Happy to take a look.
