One of the largest problems with being a freelance web designer is creating contracts. Not so much the writing of the contract itself, but the details contained within, and being confident that the client understands these details and knows their limitations. Here are a few tips on how not to write your contracts.
1. Do Not Guarantee A Completion Date
“What?!” you say? Yes, that is what I said. Never guarantee a client a completion date. By this I mean, never tell your client that under no circumstances will their project go beyond the date specified on the contract. It is unwise to do this because, although your client may cause significant delays in the project development, they will seldom see it as their fault or responsibility. This is not to say that some will not, but most clients see designers as over priced and under worked and are not willing to take responsibility for their actions, or lack their of.
In your contract, state a “estimated completion date”, while listing reasons why going beyond this date may be acceptable or expected. Thus, although the client may deny it, if a project does go past a estimated completion date, you can specify what was not done on the clients behalf in accordance with the contract that caused this delay.
2. Project Completion Is Not The Client’s Decision
As designers, we have a natural will to please our clients, and to give them as much freedom within their projects as possible. We don’t want to be considered “an institution”. Yet, we do have our limits. Be sure to specify within your contract that the projects completion is at your discretion, so long as all of the items within the contract are completed. Be sure you explain this to your client when presenting your contract.
3. No More Than Two Payments
The economy isn’t great right now, we all know this. But do not let any client, large or small, rich or not so rich, deliver more than two payments on a project. Take half of the payment up front, and half when you deem the project complete. You could even go so far as to ask for %60 up front, and %40 when the project is completed.
Some clients will wish to pay three payments, which may not be bad for you in the long run, as this is money more often rather than lump sums. But this works out to the clients benefit if they chose to be dishonest and skip out on the third and final payment. Again project completion is not the client’s decision.
4. Do Not Allow Late Payments
Although you may be a freelance designer, and not an institution, there must, or “should” be penalties for late or delinquent payments. If there is not, then a client can continually state that they “haven’t had time” or “will pay you as soon as they can”, without consequences. This is not to say that some reasons are excusable, but in most cases you will be able to tell from conversations with your client if they are being truthful or simply dragging out your final payment. A fixed amount or percentage of their final payment as a late fee, tacked on to their current bill weekly is what I would suggest. This must be stated in your contract to be considered legal. Check your local regulations as their may be limits to how much and how often you can charge these fees.
5. Client’s Cannot Use Their Hosting
If you are designing a website for a client, especially a new one who you have yet to develop a professional business relationship with, be sure to specify in your contract that their website will be hosted on your server and what the fees will be. Whether you charge a monthly hosting fee, or a yearly fee is up to you. Remember to mark it up a bit from what your vendor sells it to you for, as you will be responsible for any and all maintenance that will need to be performed outside of your vendor’s responsibilities.
This is a good idea since sometimes you have a website that may be running on a CMS or other software that you cannot or would rather not have to install twice, once for your own design purposes and again on your client’s server. Additionally, this will keep the project under your control until the final payment is made and the website/hosting turned over.
This can become another term regarding late or delinquent payments and the status of the website until this payment is made. If a client is delinquent, to a certain extent, on a final payment, their website can and will be removed.
6. Do Not Skimp On The Details
Any and every detail regarding the designer/client relationship, the details of the project itself, payments, late payments, the hosting, proofing schedule, hours etc…should be listed in your contract. Even if you must write out two pages just to contain the details of the project, this is a good idea. This will prevent any assuming by either party. Assuming will usually cause some bit of confusion or frustration.
7. Do Not Give Unlimited Proofs
For most projects, I would not advise giving an unlimited number of proofs once the brainstorming step is out of the way. Unless you have an extremely well paying project that is worth any and all proofs possible, I would limit the amount of proofs you are willing to provide. Some projects may require more proofs than others, while some should only require a few. Outline this in your contract, so a client knows what you are willing to provide. This will often prompt the client to be more descriptive, detailed, and explanatory of changes they wish to see in a project. In turn allowing you to get more done at a time.
8. Do Not Work 24/7
Some designers, like myself, keep pretty random hours, sometimes working at projects at 3am, but this does not mean that these are your working hours. My hours are from 8am-4pm Monday-Friday. This makes it known to my clients that within these hours, if something is needed, then I am ready to be contacted, and unless obligated to another project, can complete their request promptly.
9. Do Not Wait On Each Other
Along with your proofing schedule, specify a “reply” schedule. Within all of my contracts is stated, that whether it be a phone call, email, or some other form of communication or proofing, a reply is required within 24 hours. This goes for both parties, and is only in effect during the normal Monday-Friday work week. If a client calls me at 6pm on Monday, then I am required by my contract to reply to their phone call by 6pm on Tuesday.
10. Clients Are Not Friends
Let me explain, as I know this sounds terrible. Almost all of my past clients and I have had wonderful relationships. But this is more focused toward current friends or family members who become clients. A discount is one thing, when it comes to doing work for friends or family, but everything else in your contract should stay the same. You are still a freelance designer, and this is still your job, so retaining your professionalism and consistency in your contract is very important. Although friends and family can be some of the more enjoyable clients to work with, they can also be some of the most difficult, as maintaining that divide between business and personal can be a challenge. Just remember…This is your job, this is your livelihood, and you are responsible for your own success.
If you have anymore items to add to this list, please comment!
Nice read! thanks for the tips, I needed this kinds of info. Any direction as what to put in contract would be nicer too
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Amaizingly useful. Thanks.