I need Help with a contract with a Web Design-Programmer

[Ilze]

I found a great company to design and program a very large website. We have sorted out the price in the low xx,000. which is fine. Now, I get a contract to sign and it is 8 pages long, and is a standard contract, which does not refer to any specifics re our needs. I am wondering if this is standard? I would like a contract that also skews more on to the side of the person (me) who has to hope and pray this programmer is really going to come thru. There are lots of "overage fees", in case new elements are introduced..ect. Without going into details here at the forum, can someone who has worked with lots of website designers/programmers help me with making sure that I put together imporant points in the contract before we start down the long road. Again, this person is great, but aren't all relationships "great" in the beginning? I am not a newbie to Domaing or Contracts, but I sure am when it comes to this issue.

[harleyx]

The more specific the better for both of you. Make sure you spell out in plain english exactly what each function of the website needs to do. If you're proficient with legal contracts, write your own and send it along to them.

Large programming projects usually require a retainer from the client, or piecewise payment of the project as goals are completed.

Don't feel bad using an escrow service to hold all payments and/or retainers, if the company has a short history or you're at all unsure.

Don't feel bad asking for deadlines and penalties if the deadlines are not met. You're covered if they drag their feet, and if some unavoidable delay does occur you can always waive the penalties at your option.

The programmers will likely require fees for add-ons and modifications, overages as you stated it. This isn't unusual, it's a protection against the client changing their minds about how things should be done or adding additional work to the project (at expense to the programmers time). Some fixes are simple, some are not. Just ensure these fees are not exorbitant. If you're unsure, ask a programmer.

And of course, do your research before you put down the cash.

If they have references to past website projects, get phone numbers (via whois, etc) and follow up. Ask plenty of questions.

If they have any freeware or open source scripts on the company website that they've written, ask a programmer to take a look at the code and tell you if it seems well written.

Be available during the process. It's alot easier in my experience to talk on the phone with clients, more personal and I get a better feeling for what they need.

[Domagon]

A list of specifications / objectives of the project is critical or otherwise the web designers / programers will have no idea as to exactly what you want; could easily get sidetracked.

The specifications documentation (could be as simple as an outline or many pages long) should be signed by both you and the company, plus be referenced in the contract too.

On a related topic, be prepared to spend a fairly decent percentage over the stated price - large projects often go overbudget ... often web companies will lowball their price, while savvy clients will factor in their mind a percentage of overrun, say 25% or whatever, when negotiating ... so for example, if a client's budget is $10K, the client will try to get price down to $8K knowing that in the end, with overruns, it'll likely be around the $10K they actually have to spend.

And lastly, get references and check out their other work (which I assume you likely already have), and, very importantly, actually talk with some of their other clients to get a sense of how the company conducts its business - do they meet deadlines?, do they meet specs?, do they stay in budget? (if no, how much did they go over, why, and was the overage reasonable), etc.

Hope this helps.

Ron

[Ilze]

Thanks for the advice...and I did not even want to ask for references...I guess I was a bit uncomfortable doing that. I will make sure I do that before I start the project.
Because of all the techo mumbo jumbo, I felt a bit like a fish out of water. Thanks for all the advice.