Website creation contract by an attorney - Romain Mirabile

The website creation contract is an essential document for web agencies and e-commerce sites. It establishes the working basis between the service provider and the client, and defines the commitments of each party. In this article, we will address the different phases of this contract, focusing on the preliminary phase, the control and operation phase, as well as the main responsibilities of the IT service provider. I.The preliminary phase: In order to ensure that the service provider is able to create a website that meets its client's expectations, the parties must define the following documents to be included as an annex to the contract: - The specifications document which precisely defines the objectives, constraints and specifications requested by the client. - The technical and functional specifications document for the website which details the service provided by detailing the client's expectations for each part of the site. Confidential communication between the client and the service provider is also paramount, in order to guarantee the provision of all necessary information and data. II. The control and operation phase: Once the preliminary documents have been established, the control and operation phase begins. The service provider undertakes to design and create an accessible website, scrupulously respecting the specifications, industry best practices and the rules of the trade. Project monitoring, client training and website maintenance may also be part of this phase if the parties so agree. III. The contractual commitment and liability The website creation contract entails an obligation of result for the service provider: the website must comply with the requirements set out in the contract. This stems from the service provider's obligation of conformity, which must ensure that the delivered product complies with the usual or specialized uses sought by the client. In order to ensure the conformity of the website, the service provider must provide for two phases: - The provisional acceptance which tests all the functionalities of the website and provides feedback to the service provider regarding the bugs encountered during the test. - The final acceptance which definitively validates the development carried out by the service provider, particularly following the bug fixes. This step makes it possible to purge the client's rights of recourse regarding the non-conformity of the website, subject to apparent defects such as the absence of GDPR conformity, a bug or the presence of hidden outbound links. In any event, the service provider, if it has committed to do so, is required to produce patches to correct the design anomalies that may arise throughout the validity period of the website's conformity guarantee clause. V. Conditions relating to the intellectual property of the website For a lasting and serene use of the website, it is essential that the client recover the intellectual property rights of each author of the source code.

Without a copyright assignment clause in the terms of the website design contract, the site belongs to the person who developed it.

Moreover, in the absence of ownership of the intellectual rights, the service provider is not required to deliver the source codes, which can pose a problem if the client changes hosting provider. The client will not be able to operate the website without having access to the source code to carry out the migration.

In the absence of the assignment of these rights, any modification of the source code constitutes counterfeiting.

VI.Conclusion Taking the time to draft a complete and precise website design contract, as well as to clearly specify the client's needs, makes it possible to limit the risks linked to overly broad requests. This document establishes the basis of the relationship between the service provider and the client, and allows the service provider to invoke the terms of the contract in the event of a dispute linked to a delivery that does not meet expectations. In addition, the contract defines the payment terms, the penalties in the event of delay and ensures that the client has full ownership of the website for future independent use and updating, independent of the initial service provider. * * * Need help drafting your website creation contract template, let's get in touch!