Working With a Provider: Contracts, Ownership & Deliverables
Before you start a web design project, you'll sign something: a contract, agreement, or proposal acceptance. Understanding what you're agreeing to protects your investment and sets expectations for a successful partnership.
Why Contracts Matter
A contract isn't about distrust. It's about clarity. It defines what you're getting, what you're paying, who owns what, and what happens if things don't go as planned. Without one, disputes become he-said-she-said situations with no resolution path.
Professional designers use contracts not to protect themselves from clients, but to protect both parties from misunderstandings. If a designer doesn't use contracts, that's a red flag.
Key Elements to Look For
Scope of Work
The most important section. This defines exactly what's included: number of pages, specific features, revision rounds, deliverables. Vague scope leads to scope creep, disputes, and frustration.
Good contracts are specific: "5-page website including Home, About, Services, Portfolio, and Contact pages with a contact form and mobile responsiveness" is better than "business website."
Timeline and Milestones
When will the project start? When will it end? What are the key checkpoints along the way? The contract should outline expected durations for each phase and note that client delays (slow feedback, missing content) can extend the timeline.
Payment Terms
How much, when, and via what method? Most web design projects require a deposit (typically 50%) to begin, with the balance due at completion. Larger projects may have milestone payments.
Look for clarity on:
- Total project cost
- Deposit amount and due date
- Milestone payments (if applicable)
- Final payment timing (before or after launch)
- Late payment penalties
- Accepted payment methods
Red Flags in Payment Terms
- 100% upfront payment with no milestones
- No deposit at all (suggests inexperience)
- Vague language like "payment upon satisfaction"
- Hidden fees mentioned in fine print
Revisions and Change Orders
How many revision rounds are included? What constitutes a revision versus a change order (out-of-scope work)? How are additional revisions or changes priced?
A typical structure might include 2 to 3 rounds of revisions per design phase, with additional rounds billed hourly. Change orders (requests for work outside the original scope) should require written approval before proceeding.
Ownership and Intellectual Property
This is where many clients get confused or surprised, so read this section carefully.
Work Product Ownership
Most contracts state that ownership of the final work transfers to you upon full payment. Until you've paid in full, the designer may retain ownership. This is standard and protects them from non-payment.
Source Files
Do you get the design source files (Figma, Photoshop, etc.) or just the final website? Many designers don't include source files by default. They're part of their working process, not a deliverable. If you want them, negotiate this upfront.
Third-Party Assets
Stock photos, fonts, icons, and plugins often have their own licenses. The contract should clarify who's responsible for purchasing these licenses. Usually, the client pays for assets, either directly or as a pass-through cost.
Portfolio Rights
Most designers retain the right to showcase your project in their portfolio. This is standard and fair, as their portfolio is how they attract future clients. If you have confidentiality concerns, negotiate a delayed portfolio inclusion or anonymous case study.
What You Should Own
- The final website and all content
- Domain name registration (in your name)
- Hosting account access
- CMS admin credentials
- Any custom code written for your project
Deliverables
The contract should list exactly what you'll receive at the end of the project:
- Live website on your domain
- Admin access and credentials
- Documentation or training (if included)
- Logo files (if part of the project)
- Any other specific assets promised
If something isn't listed, don't assume it's included. Ask before signing.
Termination and Cancellation
What happens if you need to cancel the project? What happens if the designer can't complete it? Good contracts address both scenarios:
- Client cancellation: You typically forfeit the deposit and pay for work completed to date. This compensates the designer for time already invested.
- Designer cancellation: They should refund a proportionate amount and provide any completed work product.
- Non-payment termination: The designer can halt work after a specified period of non-payment.
Communication and Response Times
Some contracts specify expected response times for both parties. This helps set expectations around turnaround for feedback, questions, and deliveries.
Warranties and Liability
Designers typically warrant that their work is original and doesn't infringe on others' intellectual property. They may also include a period of post-launch support for bugs or issues.
Liability clauses limit the designer's financial exposure. These are standard in professional services contracts. Review them, but don't be alarmed by their presence.
Questions to Ask Before Signing
- What exactly is included in this price?
- What would cause the price to increase?
- When do I own the final website?
- Who owns the source files?
- What happens if I miss a feedback deadline?
- What's your typical response time?
- Is post-launch support included? For how long?
- What if I need changes after launch?
Final Thoughts
A good contract protects both parties and prevents surprises. Read it carefully, ask questions, and don't sign until you understand what you're agreeing to. A professional designer will happily clarify any points of confusion.
If a designer resists putting things in writing or gets defensive about contract questions, consider that a warning sign. Transparency is a hallmark of professionalism.