Client Contracts?
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- hedgehog
I have a question. I have a client that wants me to design a site and they sent me a contract. I usually have a one page contract that I send clients that outlines what my services are and the fees they agree to before I do work. What they sent me is a long document, that basically looks like that if they do not like the website they can sue me or if I "breach" the agreement in any way (everything from finding them a proper web hosting account to exactly how many days each section of the site takes to make), and this is a rush job btw.
I am really uncomfortable signing this. I am thinking of telling them that the only contract between us will the one I normally send. Does anyone have any advice or what is considered a "normal" contract that I should be expected to sign? Do you sign contracts with a company for freelance work (other than confidentiality waivers)?
- ********0
isn't it normally the designer itself that makes the contract anyway?
- Yes. Don't walk, run away. Especially when the contract starts outlining the shit they can sue you for.itsmitch
- ********0
I can't speak from experience, but I'd say stick to your guns. Part of the process of successfully bargaining is being prepared to walk away if a deal isn't good.
Tell them what you personally require - and if they can't agree to it, tell them politely that you can't take on their project. If it's a rush job, they should be more flexible imo anyway.
- hedgehog0
That is what I am thinking. I already have three other projects that I am about to juggle for this. I would be decent money from them, but the contract scares me. I am thinking of telling them I'll sign a confidentiality waiver, but otherwise the only signed contract will be mine, which is just a simple agreement on what I agree to do for them and what they agree to pay, and that is it.
- Exactly... say it politely, and ask if there's anything in your contract that's unclear or makes them uncomfortable.NotByHand
- They've probably just been burned in the past (or felt like they were), and are trying to be overly cautious.NotByHand
- +1 to putting the ball back in their court********
- they have had a bad experience in the past, I know.hedgehog
- livelikebruce0
It's not uncommon that a client has their own contract and if it's an established company they probably send a long document to all vendors and such. You have a few options... You can find the pieces of the contract you don't like and negotiate to change those or have them removed. You can add to the contract based on what you normally require. If there are some lines in the contract that just don't sit well with you and they will not remove/change them, you'll probably have to walk away.
- Spot on really. If you're really not sure about some parts of it, don't sign if and leave it.jamble
- robotron3k0
You have not even begun the project and it is already trouble. You may also want to consider politely bowing out of the project as the client obviously has little or no understanding of contract web designers nor the entire process... just my two cents... best of luck.
- Stylus0
bit of spit on the palms and a handshake is all I ever use as a contract , if the client breaks that I kill em I'll kill em good
- hedgehog0
I just looked over the contract again and saw more stuff that is not realistic (the time frame for looking at the entire site is CRAZY, and they outline exactly how long for each revision to take (when I don't even know yet what any revisions might be).
- They might have a preferred timeline but normally you would tell them how long the project will take and how much time between revisions.livelikebruce
- I did tell them how long. But I meant for them to take a first look, not a site launch. They want to have the entire site done in three days.hedgehog
- in three dayshedgehog
- run away now..jamble
- maximillion_0
dont do it. sounds very likely they just want ways not to pay you
- kgvs720
Try to get the best from your contract and their contract to arrive at consesus. If they don't want consensus, freelancer beware!
- winnie_the_shit0
edit out all the stuff you don't want and send it back to them.
- VectorMasked0
I say forget it. You've got no hope with them.
It's your business and you should be making the rules. They have to adhere to your reality and the design business. Where the hell does one get a service provider to sign a document that will force them to do what you want and make them work from 8am-1am instead of 9-5?? Sears? H&R block? Your trusted plumber?
This clearly is a sign that they are either cheap and are setting up everything to avoid payment the first chance they get or that they are so out of touch with reality with how businesses work and possibly have no respect for design. They possibly think design is a worthless and easy profession that barely qualifies as one. It is also quite possible that they worked with a bad and self-taught designer before and they saw how bad he was as a business person and so they have this idea that designers can be manipulated.
Run away I say. Sounds like a big headache waiting to happen.
- Iggyboo0
You can ammend a contract revise it and send it back and sign that one and ask them to sign it as well. That is what is done in real estate.
- formed0
I just went through this. I sent my standard tiny contract (need to have a new drafted, with these shaky times, not good to have any loose ends) and they sent back a 10 pager. Things like "we own all items produced" etc., were not acceptable.
So I told them we'd need to stick to mine or we'd have to go over theirs line by line (which wasn't worth it for a tiny project). They said fine and now we are using my contract.
I've also done what was suggested above - modify their contract. Often a company will just have lawyers writing (copying/pasting really) contracts and your direct contact (the person who hired you) will have no idea, they'll just send what their lawyers produced.
Don't be afraid to negotiate their contract or ask to use yours. Most likely, it is just someone's job on their end to protect as much as they can (ie biased towards them), but no one cares too much, particularly for small projects like a website.
I'd guess they'll just say 'sure, let's use yours, but add this' or something to that effect.
FYI - most of my clients are large real estate companies or developers, going back and forth is part of a process.
- Arvizu0
sorry if it's already been mentioned, but the graphic artists guild handbook on pricing and ethical guidelines has some great advice for this and other situations like it. It might be worth a look. http://www.gag.org/pegs/index.ph…