When you need to hire a web developer for your website design project, you need to draft a web dev contract. If you are also getting hired as a web developer for some website development projects, whether as a freelancer or contract project, you should request a contract. Without a doubt, it is easy to create or update a website. However, when communication issues arise, having a contract in place can be of significant help.
What is A Web Developer Contract?
A website development contract is a legal document signed between an individual or a business and a small team of web developers or freelancer developers relating to a specific web design project. This agreement covers all basics, including the involved parties, payment agreements, detailed information about the project, terms of engagement, and timeframe.
It may be a lot of information to put together, especially if you do not have an attorney helping you with the details. However, you can use a website contract template to make it a seamless process. The contract can be used for both desktop website development as well as mobile application development agreements.
Suffice to mention that a web site contract does not only cover the financial agreements relating to the project. It also covers structures and procedures that will help to relieve common pressure points in the course of the project.
It will also act as a guide for time management and the delivery timeline of the project. With this, both the project owner and web developer understand their responsibilities and when they are expected to act and deliver on the project timeline.
When to Use a Non-Compete Agreement
A non-compete agreement is a contract that prevents a contractor, employee, or freelancer from working for a competitor or becoming a competitor for a specific period. Organizations usually use the non-compete agreement when an employee stops working with them and takes up a new post that may be competing against them.
The agreement is to prevent the employee or contractor from taking up a job role in another organization that competes directly with them. It is also to prevent the employee or contractor from starting a business in the same field and hiring the workers of the organization.
Independent contractors, consultants, and freelancers, including web developers that terminate their work relationships with their clients, are often asked to abide by the non-compete agreement clauses. This is to avoid competition after leaving the company. The non-compete clause is often included in a website contract agreement for web developers.
It is often included to protect the company against a web developer or consultant revealing sensitive information or secret about its operations. The clause also restricts the developer from sharing the company’s formulas, customers, clients, strategy, pricing, practices, methods, salary, future products, ideas, marketing plans, and public relations.
Is a Non-Compete Agreement Legally Binding?
The question of whether a non-compete agreement is legally binding often comes up more often than not. Interestingly, there is no simple answer to the question. This is because the validity of such an agreement varies from one case to the other.
When non-compete website development agreements have reasonable limitations, they are often considered legally binding. These reasonable limitations include clear and realistic regions where the web developer may or may not work. It also includes the specific duration that the contract is in place and when the developer can start to work in the restricted areas again.
Additionally, the validity of non-compete website development agreements varies by state. Some states disregard these agreements in the USA while some states select the types of careers that can be subjected to the agreements. States, such as North Carolina, Oklahoma, and California do not recognize non-compete website developer contracts.
Software companies are some of the organizations that often seek to enforce non-compete agreements. They do this to prevent developers from going to competitors to share sensitive information about products they are developing. For the contract to be enforceable in a court of law, the organization must fulfill specific requirements.
Tips for Writing a Non-Compete Agreement
Writing a non-compete agreement can be a bit tasking but with the right tips, you can get everything together. Another option is to choose a web developer contract template from a reliable website. With a template, you only have to edit and tweak it a little bit to personalize it. If you still want to go ahead to write your non-compete agreement, you can use the tips discussed in this post.
- Identify and Study your Competition: What types of businesses are direct competitions to your type of business? Identify these and spend some time studying them. Competitions usually offer the same services and products as you and they sometimes offer their businesses in the same geographical location as you.
- Draft the Agreement: As stated, you can use a web development contract template or you can create one from the scratch. Ensure that your agreement is customized to reflect your business and the terms of the contracts.
- Review the Agreement with a Legal Practitioner: Even if you are using an agreement template, it is recommended that you seek the advice of a legal practitioner when drafting the web developer contract. Let your layer read through and give input where necessary.
Website development contracts are an integral part of a project. It helps to guide against any misunderstanding because it clearly states out the responsibilities of the parties involved. It also helps to define the scope of the projects and the delivery timeframe.
For the web developer contract to be legally binding, it must carry the signature of both parties. It is recommended that the organization gives the contract to the web developer to review and ask questions when necessary before appending the signature. This will enable both parties to clear any ambiguity associated with the contract.