| It is amazing how naive otherwise sensible business | | | | property in the website is the developer's own work |
| people can be when it comes to commissioning a | | | | and has not been copied. This should be supported |
| designer to develop a website for them. Whether it | | | | with an indemnity in case the rights of third parties |
| is a lack of knowledge or simple forgetfulness many | | | | are breached by the website through no fault of |
| businesses overlook formalities like having a website | | | | yours and you are sued. It is important that this |
| development contract. This lax approach can have | | | | indemnity extends to other copyright elements that |
| serious consequences. | | | | the web designer is providing, such as copyrighting |
| While it may be impracticable to scour every contract | | | | services, photographs and any video or other |
| that you come across in business, let alone get legal | | | | features.o On the other hand if you are providing |
| advice on them all, some contracts are just too | | | | material like photographs don't be surprised if you |
| important to take lightly. A website is one of them, | | | | have to give a similar warranty and indemnity to the |
| and even more so if it is for an e-commerce site. | | | | designer.o Most disputes arise because of false |
| Securing rights in your website | | | | expectations. It is too easy to assume the web |
| Businesses that don't secure rights in their own name | | | | developer knows what you mean. So, make sure |
| can run into problems if they want to engage | | | | there is a specification setting out what you expect |
| someone else to maintain or redesign or host their | | | | to get and by when.o Another obvious cause of |
| site. Worse still many a business enters into sale | | | | dispute involves payment. What will the estimate or |
| negotiations only to discover that they don't have | | | | quote cover and what further fees might you be |
| the rights in their own site, and can't sell it. Yet the | | | | asked to pay? It is all too easy when you don't |
| website can be the most important asset an internet | | | | understand the extent of the work involved in any |
| business owns. Securing the necessary rights from | | | | requests you make for additional bits and pieces, to |
| the web developer at that stage could prove | | | | get a shock when you find out how much it is going |
| expensive. | | | | to cost you. Good practice is to ask the developer to |
| So before engaging the services of a web designer, | | | | signal in advance everything that will attract an extra |
| every business should consider the contractual | | | | charge so you can choose not to go ahead if it will |
| position. The only exception is if the business is using | | | | be too expensive. Another good idea is to pay in |
| its own employees to do the job of developing the | | | | stages and only once you sign off each stage. |
| website. | | | | Having managed to find a reliable designer the next |
| What to watch out for | | | | step is to sort out the hosting, support and |
| Many developers will have their own terms and | | | | maintenance contract for your site, which will be the |
| conditions which, of course, will be biased in their | | | | subject of a separate article. |
| favour. Have a look at their terms and conditions so | | | | Thinking of the contract terms BEFORE formally |
| you can decide whether you want to carry on talking | | | | commissioning the designer is vital. Under the law a |
| to them. Here are some of the issues you should be | | | | contract comes into being once the 3 Ps are known - |
| watching out for:o Under the general law if there is | | | | that is the parties, the price and the project. So, |
| no written contract, the website developer will be | | | | businesses should take care to discuss the terms at |
| the owner of the copyright in your website. | | | | the outset so the web designer knows they are not |
| However, you are free to provide otherwise in your | | | | formally being engaged to do the work until terms |
| contract commissioning the work.o Ideally you should | | | | have been sorted out. What is not so well known by |
| try to get copyright in everything including any | | | | the public is that it is not necessary to sign a |
| underlying software. However, there are very real | | | | contract to be subject to it. |
| reasons why the web developer may be reluctant to | | | | What is surprising is that some businesses will ask |
| give you copyright in everything. If they are happy | | | | their web designers to register domain names for |
| to do so then make sure the contract has a clause | | | | them. Clearly, they are unaware of possible problems. |
| agreeing to assign the copyright and other intellectual | | | | Domain names are based in contract, so the user of |
| property in the website and its contents to you.o | | | | the name should be the owner in whose name the |
| The reason the website developer will be unlikely to | | | | domain is held. If the web designer runs off to |
| agree to this, is that they will want to be free to | | | | France and takes control of the website, there would |
| reuse the code, or there may be third party | | | | be real difficulties for the business whose domain |
| software used which they are not in a position to | | | | was owned by that designer. By registering the |
| assign to you. In that case make sure the developer | | | | domain name in the business owner's own name the |
| grants you an irrevocable non-exclusive worldwide | | | | owner would be in a position to take any necessary |
| license to use any intellectual property rights that | | | | legal and other steps in relation to its own website |
| they won't be assigning to you.o If at all possible ask | | | | domain. |
| for a warranty to the effect that all the intellectual | | | | |