SiteSmith

Website contracts: clauses to read before signing

Most of a web design contract is standard, but a handful of clauses decide whether you end up owning a website or renting one you cannot leave. Before you sign, find and read the parts about ownership, the length of the agreement, cancellation, what counts as a change, payment terms and what happens to your domain. This guide walks through each, says what a fair version usually looks like, and what to ask about. It is general information, not legal advice; for a large contract, have your attorney read it.

Before you start: get it in writing at all

Plenty of small website jobs run on a handshake and an invoice. That works until something goes wrong. Even for a small job, ask for a written agreement or at least an email that sets out what is being built, the price, the schedule and who owns what. If a provider will not put anything in writing, that tells you how a disagreement would go.

Read the contract on paper or a large screen, with a pen. Mark every sentence you do not understand and ask about each one before signing. A good provider will explain without impatience.

Ownership: who owns the site when it is done

This is the clause that matters most, and it is often vague. Look for words like "ownership", "intellectual property", "license" or "work product". There are a few things to own:

  • The domain name. It should be registered in your name, with your email address, from the start. A contract that says the provider registers and "manages" the domain for you, without saying it is yours, is a warning.
  • The content. Your text, your photos, your logo. These should stay yours, always.
  • The design and the site files. Here practices differ. Some designers transfer everything to you once paid in full. Others keep ownership and give you a license to use the site while you are a customer. Some use their own building system that cannot be moved elsewhere at all.

A fair version says, in plain words, that once the final invoice is paid you own the domain, your content and the finished site, and can take a copy of the files. If the provider keeps ownership, you should at least know that before you sign. Owning your website files explains why this matters the day you want to leave.

Term: how long you are tied in

Look for "term", "initial term", "minimum term" or "renewal". Monthly plans often have a minimum period, sometimes one year, sometimes longer, and many renew automatically.

Check:

  • How long is the minimum term?
  • Does it renew automatically, and for how long each time?
  • How much notice must you give before the renewal date to stop it? Thirty days is common. Mark the date in your calendar if you sign.
  • Does the price change on renewal?

A long minimum term for a simple site is a sign the provider makes its money from the contract, not from the work.

Cancellation: how you leave

The cancellation clause is the one owners read only when it is too late. Read it now. Look for:

  • How to cancel: by email, by letter, through an account page. Some contracts require written notice to a specific address.
  • Fees to cancel early, sometimes the remaining months of the term all at once.
  • What happens to the site after cancelling. Is it switched off immediately? Can you get a copy first?
  • What happens to the domain. It should be transferred to you or already be yours, with no fee to release it.

A fair clause lets you leave at the end of a term with reasonable notice, gives you your domain and content, and does not charge you to take what you paid for.

Scope and changes: what is included

The scope section describes what you are getting. Vague scopes cause most disputes. A useful scope lists:

  • The pages to be built, by name.
  • Features: contact form, booking link, gallery, map.
  • Who writes the text and who supplies the photos.
  • How many rounds of revisions are included before launch.

Then find the clause about changes after launch. Look for an hourly rate, a price per change, or a number of changes included per month. Ask what counts as "one change"; for some providers, changing three prices on one page is one change, for others it is three.

Payment: how much, when and for what

Look at:

  • Deposit and what triggers each further payment: approval of design, launch, a date.
  • What happens if you are late paying, and whether they can take the site offline.
  • What happens if they are late delivering. Many contracts are silent on this; asking for a target launch date is reasonable.
  • Third-party costs passed on to you: domain, hosting, plugins, stock photos, booking tools.

Other clauses worth a look

  • Hosting and maintenance. Who keeps the site online, updated and backed up after launch, and for how long that is included.
  • Warranty or fix period. Whether bugs found after launch are fixed free for a period. More on this in website warranties and support after launch.
  • Credit link. Many designers put "Website by..." in your footer. Usually harmless; you can ask to remove it.
  • Liability limits. Standard, but if your site takes payments or bookings, ask your attorney how they apply.
  • Accessibility. Some contracts say who is responsible for meeting accessibility standards. Ask what the provider does and check with your attorney about your own obligations.

What to do before you sign

  • Read the ownership, term and cancellation clauses first, before anything else.
  • Write down the date the contract renews and the notice needed to stop it.
  • Ask for the three-changes price in writing.
  • Confirm the domain is or will be in your name, and check it after setup.
  • Keep a signed copy with your business records.

If you are weighing a contract against a simpler option, you can see your site rebuilt first: there is nothing to sign to look at it, and the preview lets you judge the work before any agreement.