What is a Website Development Agreement?
A Website Development Agreement is a legally binding contract between a web developer or development agency and a client who wants a website built. It outlines the scope of work, deliverables, timelines, payment terms, and responsibilities for creating a custom website or web application.
This agreement protects both parties by establishing clear expectations from day one. For developers, it prevents scope creep, ensures timely payments, and protects intellectual property. For clients, it guarantees specific deliverables, sets quality standards, and provides recourse if the project goes off track.
The agreement covers everything from initial design concepts and functionality requirements to hosting arrangements, content creation, testing procedures, and ongoing maintenance. It’s your roadmap for the entire development process and your safety net when challenges arise.
For Developers: A Website Development Agreement is essential when you’re building custom websites and need to protect your business from scope creep, payment delays, and unrealistic client expectations while establishing professional boundaries.
For Clients: This agreement ensures you get exactly what you’re paying for, with clear timelines, deliverables, and quality standards. It protects your investment and gives you legal recourse if the developer doesn’t deliver as promised.
Both parties benefit from having clear expectations around revisions, testing, content responsibility, and what happens if requirements change mid-project.
Website Development Agreement Enforceability
Website Development Agreements are enforceable globally as service contracts, but specific provisions may vary based on local laws governing digital services, consumer protection, and intellectual property. Here’s how enforcement works across key jurisdictions:
United States: Enforceable under state contract laws and federal copyright/trademark regulations. Clear scope definitions and change order procedures are critical for disputes.
European Union: Must comply with consumer protection directives and GDPR for data handling. Distance selling regulations may apply for consumer clients.
United Kingdom: Governed by contract law and consumer rights legislation. Supply of Digital Content Act affects deliverable standards and remedies.
Canada: Enforceable under provincial contract laws. Consumer protection acts may limit certain terms for non-commercial clients.
Australia: Subject to Australian Consumer Law guarantees that can’t be excluded, especially for consumer-grade websites.
India: Governed by the Indian Contract Act and IT Act. Recent data protection regulations affect privacy and security requirements.
Singapore: Strong contract enforcement with growing recognition of digital service agreements and online dispute resolution.
For international projects, consider jurisdiction clauses that account for where the work is performed versus where the client is located, and ensure compliance with applicable data protection laws.
What You Need to Create a Valid Website Development Agreement
Developers should prepare:
- Detailed project scope with specific deliverables and exclusions
- Clear pricing structure with milestone payments
- Timeline with realistic deadlines and client dependency points
- Intellectual property ownership terms for your work and tools
- Quality assurance and testing procedures
- Post-launch support boundaries
Clients should prepare:
- Complete project requirements and functionality needs
- Content strategy and who’s responsible for what
- Budget parameters and payment preferences
- Timeline expectations and internal review processes
- Brand guidelines, existing assets, and technical constraints
- Decision-making authority and approval workflows
Both parties need:
- Contact information and communication preferences
- Change management procedures for scope adjustments
- Dispute resolution mechanisms
- Termination conditions and procedures
WEBSITE DEVELOPMENT AGREEMENT FREE TEMPLATE
Effective Date: [DATE]
Between: [DEVELOPER/AGENCY NAME], a [STATE/COUNTRY] [ENTITY TYPE] (“Developer,” “Service Provider,” “we,” “us,” or “our”)
And: [CLIENT NAME], a [STATE/COUNTRY] [ENTITY TYPE] (“Client,” “you,” “your,” or “Customer”)
1. PROJECT SCOPE AND DELIVERABLES
1.1 What the Developer Will Deliver
We’ll develop a custom website for you as described in the attached Statement of Work or Project Specification. Your website will include the specific features, functionality, and design elements we’ve agreed upon in our project documentation.
Developer Deliverables:
- Custom website design and layout matching approved mockups
- Responsive development for desktop, tablet, and mobile devices
- Content management system setup and configuration
- [NUMBER] rounds of revisions during design and development phases
- Basic search engine optimization (on-page SEO)
- Cross-browser testing and compatibility assurance
- Website launch coordination and go-live support
- [NUMBER] days of post-launch support for bug fixes and technical issues
1.2 What’s Not Included (Client Responsibility)
Unless specifically stated in our project scope, the following are your responsibility or require separate agreements:
- Content creation (writing text, sourcing images, creating videos)
- Logo design or comprehensive branding materials
- Third-party service integrations not specified in our original scope
- Advanced e-commerce functionality beyond basic setup
- Ongoing website maintenance and updates after our support period ends
- Marketing services, SEO campaigns, or social media management
- Extended training beyond basic content management system usage
1.3 Client Responsibilities for Project Success
For us to deliver your project on time and within budget, you’ll need to:
- Provide all required content, images, and materials by agreed deadlines
- Review and approve deliverables within [NUMBER] business days
- Grant access to existing systems, domains, or hosting accounts when needed
- Respond promptly to our questions and requests for clarification
- Designate a single point of contact for approvals and decisions
2. TIMELINE AND MILESTONES
2.1 Development Phases
Our estimated project timeline is [NUMBER] weeks from the start date. Here’s what happens in each phase and what we need from you:
Phase 1: Discovery and Planning ([X] weeks)
- Developer: Requirements analysis, site architecture planning, technical specifications
- Client: Provide complete project requirements, access to existing materials, stakeholder input
Phase 2: Design ([X] weeks)
- Developer: Visual concepts, mockups, design refinements
- Client: Review designs, provide feedback within [NUMBER] days, approve final designs
Phase 3: Development ([X] weeks)
- Developer: Code the website, integrate CMS, implement agreed functionality
- Client: Provide final content, review development progress, test functionality
Phase 4: Testing and Launch ([X] weeks)
- Developer: Quality assurance testing, bug fixes, launch coordination
- Client: Final review and approval, coordinate hosting/domain setup
2.2 Timeline Dependencies
Our ability to meet deadlines depends on your timely participation. If you don’t provide required materials or feedback within the specified timeframes, we’ll extend the project timeline accordingly without penalty.
Developer Commitment: We’ll notify you immediately if we encounter delays on our end and work with you to minimize impact.
Client Protection: If we cause unreasonable delays, you can terminate the agreement and receive a refund for work not completed.
3. PAYMENT TERMS
3.1 Investment and Payment Schedule
Total Project Investment: $[AMOUNT]
Payment Schedule:
- [PERCENTAGE]% deposit upon signing this agreement (secures your project slot)
- [PERCENTAGE]% upon design approval (before development begins)
- [PERCENTAGE]% upon development completion (before final testing)
- [PERCENTAGE]% upon website launch (after final approval)
3.2 Payment Terms and Protections
For Clients:
- You only pay after receiving and approving each milestone
- All work completed before any termination belongs to you upon payment
- Deposits are refunded if we don’t begin work as scheduled
For Developers:
- Invoices are due within [NUMBER] days of receipt
- Work may be suspended for payments more than 10 days overdue
- Late payments incur a [PERCENTAGE]% monthly service charge
- Completed work isn’t released until payment is received
3.3 Additional Work and Changes
Change Management Process:
- Scope changes require written approval from both parties
- Additional work is billed at $[HOURLY RATE]/hour or quoted separately
- We’ll provide time and cost estimates before proceeding with changes
- You can approve or decline additional work without affecting the original scope
3.4 Expense Reimbursement
You’ll reimburse us for pre-approved expenses such as:
- Premium plugins or software licenses required for your project
- Stock photography or graphics (if not provided by you)
- Third-party services specifically needed for your website functionality
4. DESIGN AND CONTENT COLLABORATION
4.1 Design Process and Approvals
Our Design Commitment:
- [NUMBER] initial design concepts based on your requirements
- [NUMBER] rounds of revisions per design phase
- Designs will match your brand guidelines and target audience needs
- All designs will be optimized for user experience and accessibility
Your Design Responsibilities:
- Provide brand guidelines, style preferences, and reference materials
- Review designs promptly and provide specific, actionable feedback
- Approve final designs before development begins
- Limit revision requests to the agreed number per phase
4.2 Content Strategy and Responsibility
Content You Provide:
- All website text, copy, and written content
- Images, videos, logos, and multimedia materials
- Product information, service descriptions, company information
- Content must be final, proofread, and web-optimized
Content Standards for Success:
- Content must be legally compliant and copyright-appropriate
- Images should be high-resolution and properly formatted
- Text should be written for web audiences (clear, concise, SEO-friendly)
- All materials delivered according to our agreed timeline
Developer Support:
- Content formatting and optimization for web display
- Basic image resizing and optimization
- Guidance on content best practices and SEO considerations
5. TECHNICAL SPECIFICATIONS AND QUALITY STANDARDS
5.1 Technical Deliverables
Browser Compatibility: Your website will work perfectly in current versions of Chrome, Firefox, Safari, and Edge, plus the previous major version of each.
Responsive Design: Fully optimized viewing experience across all device types:
- Desktop computers (1920px+ screens)
- Tablets (768px to 1024px screens)
- Mobile phones (320px to 767px screens)
Performance Standards:
- Optimized loading speeds based on industry best practices
- Clean, semantic code following current web standards
- Search engine friendly structure and markup
5.2 Content Management System
What You’ll Receive:
- User-friendly CMS for updating basic content
- Training on how to add/edit text, images, and basic pages
- Documentation for common tasks and procedures
- [NUMBER] hours of training included in project scope
Your CMS Responsibilities:
- Keep software updated for security and functionality
- Backup your website regularly (we can recommend services)
- Only install approved plugins or extensions
6. HOSTING AND DOMAIN MANAGEMENT
6.1 Hosting Requirements
Client Responsibility: You’ll secure web hosting that meets these minimum requirements:
- PHP version [VERSION] or higher
- MySQL database support
- SSL certificate capability
- Adequate storage and bandwidth for your needs
Developer Support: We’ll provide hosting recommendations and technical requirements, plus assist with initial setup and launch configuration.
6.2 Domain and DNS Management
Client Ownership: You retain complete ownership and control of your domain name.
Launch Coordination: You’ll provide necessary DNS access for website setup. We’ll coordinate the launch to minimize downtime and ensure smooth transition.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 What You Own After Final Payment
- All custom code written specifically for your project
- Custom designs and graphics created for your website
- Your website’s unique functionality and features
- All content and materials you provided
7.2 What the Developer Retains
Our Intellectual Property:
- Proprietary development frameworks, tools, and methodologies
- Code libraries and components we use across multiple projects
- General knowledge, techniques, and experience gained
- The right to use this project in our portfolio and marketing
7.3 Third-Party Components
Your website may include third-party elements (plugins, fonts, frameworks) that have their own licensing terms. We’ll identify significant third-party components and ensure proper licensing.
7.4 Portfolio and Marketing Rights
Developer Rights: We may display your completed website in our portfolio and marketing materials.
Client Privacy: If you require confidentiality, inform us before project start and we’ll include appropriate non-disclosure provisions.
8. TESTING AND QUALITY ASSURANCE
8.1 Our Testing Process
Pre-Launch Testing Includes:
- Functionality testing across all major browsers
- Responsive design verification on multiple devices
- Form submissions and interactive features testing
- Basic performance and loading speed optimization
- Content display and formatting verification
8.2 Your Testing Responsibilities
Client Review Period: You’ll have [NUMBER] days to thoroughly test the website and report any issues before we consider the project complete.
Bug Fix Commitment: We’ll fix any functionality bugs discovered during testing at no additional cost.
8.3 Post-Launch Support
Included Support: [NUMBER] days of complimentary support after launch for:
- Bug fixes and technical issues
- Minor functionality problems
- Basic questions about website management
Not Included: Content updates, design changes, new features, or issues caused by hosting problems or third-party service failures.
9. LAUNCH AND GO-LIVE PROCESS
9.1 Pre-Launch Requirements
Before We Launch Your Website:
- All content must be finalized and approved
- Final payment must be received
- Hosting environment must be properly configured
- Domain and DNS settings must be accessible
- You must provide final written approval to proceed
9.2 Launch Coordination
Developer Responsibilities:
- Coordinate launch timing to minimize disruption
- Handle file transfers and database setup
- Configure initial settings and functionality
- Monitor launch for immediate technical issues
Client Responsibilities:
- Be available during launch window for quick decisions
- Test website functionality immediately after go-live
- Report any critical issues within 24 hours
10. ONGOING MAINTENANCE AND UPDATES
10.1 Warranty Period
Developer Warranty: We guarantee the website will function according to agreed specifications for [NUMBER] days after launch. This covers:
- Functionality bugs and technical defects
- Issues with our code or implementation
- Problems with features we built
Not Covered: Issues caused by hosting problems, third-party service changes, content modifications you make, or software updates you install.
10.2 Long-Term Maintenance Options
Ongoing Support Available:
- Monthly maintenance packages for updates and security
- Hourly support for occasional updates and changes
- Priority support agreements for mission-critical websites
Your Maintenance Responsibilities:
- Keep CMS and plugins updated for security
- Backup your website regularly
- Monitor for broken links or functionality issues
11. CHANGE MANAGEMENT AND SCOPE ADJUSTMENTS
11.1 Handling Project Changes
When You Want Changes:
- Submit change requests in writing with specific details
- We’ll provide time and cost estimates within [NUMBER] business days
- You can approve, modify, or decline the change request
- Approved changes become part of the project scope
Timeline Impact: Changes may extend the project deadline. We’ll communicate any timeline adjustments when providing change estimates.
11.2 Protecting Both Parties
Client Protection: You’re never obligated to accept additional charges. The original scope remains intact unless you approve changes in writing.
Developer Protection: We’re not required to implement changes outside the original scope without appropriate compensation and timeline adjustments.
12. WARRANTIES AND DISCLAIMERS
12.1 Developer Warranties
What We Promise:
- Website will function substantially according to agreed specifications
- Code will be professionally written following industry standards
- Work will be original and not infringe on third-party rights
- Project will be completed with reasonable skill and care
12.2 Limitation of Warranties
What We Don’t Guarantee:
- Specific search engine rankings or traffic levels
- Compatibility with future software updates or changes
- Performance of third-party services or integrations
- Results or success of your business from the website
DISCLAIMER: EXCEPT FOR EXPRESS WARRANTIES ABOVE, THE WEBSITE IS PROVIDED “AS IS” WITHOUT OTHER WARRANTIES.
12.3 Third-Party Services
Neither party warrants the performance of third-party services like hosting providers, payment processors, or external integrations that may be part of your website.
13. LIABILITY PROTECTION FOR BOTH PARTIES
13.1 Financial Liability Limits
Maximum Liability: Our total liability for any claims related to this project won’t exceed the total amount you paid us under this agreement.
Excluded Damages: Neither party will be liable for indirect, incidental, special, or consequential damages, including lost profits or business interruption.
13.2 Client Protection
Your Remedies Include:
- Refund for work not completed if we materially breach the agreement
- Right to receive all completed work upon payment
- Legal remedies for intentional misconduct or gross negligence
13.3 Developer Protection
Our Protection Includes:
- Limited liability for issues beyond our reasonable control
- Protection from claims arising from your content or business operations
- Reasonable limitation of damages to project value
14. MUTUAL INDEMNIFICATION
14.1 Client Indemnification
You’ll protect us from claims arising from:
- Content, images, or materials you provide
- Your use of the website for illegal or harmful purposes
- Third-party services or requirements you specify
- Violation of applicable laws through your website use
14.2 Developer Indemnification
We’ll protect you from claims that our original custom work infringes valid intellectual property rights, provided you:
- Notify us promptly of any claims
- Cooperate with our defense efforts
- Don’t modify our work in ways that create infringement
15. TERMINATION RIGHTS AND PROCEDURES
15.1 Termination by Either Party
Termination for Convenience:
- Either party can terminate with [NUMBER] days written notice
- You pay for all work completed up to termination date
- We deliver all completed work upon final payment
Termination for Cause:
- Immediate termination if the other party materially breaches this agreement
- [NUMBER] days to cure the breach after written notice
- Non-breaching party retains all legal remedies
15.2 Client Termination Rights
You Can Terminate If We:
- Fail to deliver milestones more than [NUMBER] days late without valid excuse
- Deliver work that substantially fails to meet agreed specifications
- Breach confidentiality or intellectual property provisions
15.3 Developer Termination Rights
We Can Terminate If You:
- Fail to make payments more than [NUMBER] days after due date
- Don’t provide required materials or feedback after multiple requests
- Request changes that fundamentally alter the project scope
- Engage in abusive or unprofessional behavior
16. CONFIDENTIALITY PROTECTION
16.1 Mutual Confidentiality
Both parties agree to protect:
- Business plans, strategies, and proprietary information
- Technical data, customer lists, and financial information
- Project details if confidentiality is specifically requested
- Any information clearly marked or identified as confidential
16.2 Confidentiality Obligations
Protection Requirements:
- Keep confidential information secure and protected
- Use confidential information only for this project
- Don’t disclose to third parties without written permission
- Return or destroy confidential materials upon request
16.3 Exceptions to Confidentiality
Information That’s Not Confidential:
- Information that becomes publicly available through no breach
- Information independently developed without using confidential data
- Information required to be disclosed by law or court order
17. COMMUNICATION AND PROJECT MANAGEMENT
17.1 Communication Standards
Regular Updates: We’ll provide progress updates every [FREQUENCY] and notify you immediately of any issues or delays.
Response Times:
- We’ll respond to your questions within [NUMBER] business hours
- You’ll provide feedback and approvals within [NUMBER] business days
- Urgent issues will be addressed within [NUMBER] hours
17.2 Project Management Tools
Collaboration Platform: We’ll use [PLATFORM NAME] for project communication, file sharing, and milestone tracking. You’ll receive access and training on the platform.
Decision Authority: You’ll designate a primary contact with authority to make decisions and approve work on behalf of your organization.
18. GENERAL PROVISIONS
18.1 Governing Law and Disputes
Applicable Law: This agreement is governed by the laws of [STATE/JURISDICTION].
Dispute Resolution:
- First, we’ll attempt to resolve disputes through direct negotiation
- If unsuccessful, disputes will be settled through binding arbitration in [LOCATION]
- The prevailing party may recover reasonable attorney fees
18.2 Contract Terms
Complete Agreement: This agreement, including any attachments, represents our entire understanding and supersedes all previous agreements.
Modifications: Changes must be in writing and signed by both parties.
Assignment: You may not transfer this agreement without our written consent. We may assign our rights with reasonable notice to you.
18.3 Practical Matters
Severability: If any provision is unenforceable, the rest of the agreement remains in effect.
Force Majeure: Neither party is liable for delays due to circumstances beyond reasonable control (natural disasters, government actions, etc.).
Notices: All formal notices must be in writing and sent to the addresses listed below.
19. CONTACT INFORMATION
Developer/Service Provider: [COMPANY NAME][ADDRESS][CITY, STATE/PROVINCE, COUNTRY][EMAIL ADDRESS][PHONE NUMBER]Project Manager: [NAME]
Client: [CLIENT NAME][ADDRESS][CITY, STATE/PROVINCE, COUNTRY][EMAIL ADDRESS][PHONE NUMBER]Primary Contact: [NAME]
20. SIGNATURES AND ACCEPTANCE
By signing below, both parties acknowledge they have read, understood, and agree to be bound by all terms in this agreement.
DEVELOPER/AGENCY:
Signature: _________________________ Printed Name: [NAME] Title: [TITLE] Date: _________________________
CLIENT:
Signature: _________________________ Printed Name: [NAME] Title: [TITLE] Date: _________________________
Agreement Date: [DATE]Project Start Date: [DATE]Estimated Completion Date: [DATE]
This template is for informational purposes only and does not constitute legal advice. Both parties should consult with qualified legal counsel before signing any agreement.
Need a Custom Website Development Agreement?
Whether you’re a developer protecting your business or a client ensuring you get what you pay for, every web development project has unique requirements. Complex e-commerce sites, data-sensitive applications, or multi-stakeholder projects need agreements tailored to specific risks and requirements. My Legal Pal’s experienced attorneys can create a Website Development Agreement that protects both parties’ interests while establishing clear expectations for successful project delivery. Contact us today to discuss your custom agreement needs.