[thelist] contract feedback requested

Bob Haroche bharoche at usa.net
Mon Mar 12 19:22:07 CST 2001

Re the contract, first you say:

"To create all content pages for the newly designed Web site using standard
methods and techniques which  are in accordance with "HTML 4.01 Transitional
DTD" and "CSS2" as defined by the World Wide Web Consoritum (see
http://www.w3.org/). Web developer also may employ Javascript 1.2."

...which is fine for protecting you, though most clients won't understand or
appreciate what this means until you explain it.  The problem is that then
you say:

"All services described herein are to be performed by Web developer &/or its
contractors in accordance with the most commonly accepted standards and
practices of the Web Services Industry. That is to say, we will use Web site
design technologies that are most universally acceptable in order to satisfy
the broadest Web market possible."

...which is way too broad and ambiguous.  "To satisfy the broadest Web
market possible" literally means designing for Lynx, Palm, WebTV and IE v.
2.  If you mean something more specific, you need to make that explicit.

Typically I use a contract with all my boilerplate language and attach a
project specific Technical Proposal that has something like the following
clause: "Testing: Test and de-bug in Netscape, Internet Explorer and AOL  v.
4 through 6, on both PC and Mac platforms. Site to be targeted for v. 4
browsers and above, at 800 x 600 resolution"

I'd also include an attorney's fee provision in your contract so if you have
to go to court, the client pays your attorney fees if you win.  Vice versa
if you lose of course. Here's my clause on that point: "Attorney's Fees: In
any action or proceeding arising out of this Agreement, the prevailing party
shall be entitled to its reasonable attorney's fees and costs of suit,
including expert witness costs, as permitted by law."



Bob Haroche

O n P o i n t  S o l u t i o n s
P.O. Box 694
Occidental, Ca  95465

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