Comments on: Open Thread: Do You Use Contracts?

By: restaurants that give aarp discounts

restaurants that give aarp discounts — Fri, 27 Jan 2012 12:32:29 +0000

Websites You Should Visit…

[...]very few websites that happen to be detailed below, from our point of view are undoubtedly well worth checking out[...]…

By: Perry Rose

Perry Rose — Wed, 02 Jun 2010 03:57:04 +0000

No, I don’t use them.

1. I get my fee upfront.

2. Many are turned off by that word.

We come to an understanding via an e-mail.

Later, if there is a problem, I show him the e-mail. If it becomes more of a problem, I drop him.

By: Marketing and Management

Marketing and Management — Wed, 10 Mar 2010 09:31:52 +0000

Regular mutual understanding of the needs and desires of the clients project will have to taken for the consideration before entering into the contract.After once contract signed the valuable process of the rules and regulations will be followed correctly.keep sharing.

By: Nic loves languages

Nic loves languages — Sun, 20 Sep 2009 00:23:57 +0000

Another who knows he should but doesn’t…

By: Cyndi Smith

Cyndi Smith — Fri, 18 Sep 2009 08:49:35 +0000

I use contracts even in the bidding process (with options to approve, approve with additions or changes, reject pending changes or additions, or reject). It makes the final contract much easier, AND you have a great list of everything you want to accomplish for the person. It also helps show the value of the service you’re providing (especially web development). Did I mention that I HATE BIDDING? (It can take so much out of you!) Maybe there’s an easier way?

:) Cyndi

By: Kevin

Kevin — Fri, 18 Sep 2009 01:22:03 +0000

Contracts? Absolutely. There are very few reasons not to use one, since it outlines the agreement made between “Client” and “Developer” (in my case). Perhaps for some regular clients there can be a global agreement. I also use subcontractor agreements.

Some important items to agree and sign about (in my agreements) include the following:

* WHO each of you are. Name, address, phone, etc.
* ONE main contact. It’s impossible to take orders from a team without a leader…
* WHAT you’re providing. “Oh… you mean you want ME do do THAT too? Hmm…”
* TERMS of compensation. Fixed price or hourly? “No, this is not a fixed-price project. That was just an estimate of time…”
* WHEN you’ll get paid. NET30? NET15? Immediately? “Our company pays invoices on a quarterly basis…”
* SCOPE! If you’ve estimated one thing, and it changes… what have you agreed to do about that? I offer three days to respond, and then the client will be informed if the agreement should change, or if it’s not possible. “I know you’re done coding everything, but now we want a five-column website, not two… by Friday.”
* DELAYS… sometimes you get sick, or there’s an emergency. Does this mean the client doesn’t have to pay you if it’s late because of that? Do they pay a portion either way?
* OWNERSHIP. Does the client own everything you develop or design? Do they get source files? Is it clear that there’s open-source software being used, and they can’t “own” that? Can you post this on your website as an example of your work?
* LIABILITY! If they engage in a lawsuit because of something you designed or developed, and they didn’t catch it during the review process, are you liable? NO! Or, are you? Are you protected under an LLC, or will you lose your house because of it..
Ugh. It has happened before if you’re a sole proprietor without business covering…
* LEGAL stuff… what jurisdiction would conflict resolution be in? In your home town, or their part of the country?
* EMPLOYMENT… Are you an independent contractor? Can they claim you as an employee? Do they have your W4 or 1099? Will this contract mess up your taxes?

Simply be reasonable. Long contracts may dissuade potential clients. If you’re providing the service, don’t sign THEIR contract. It’s written in THEIR favor. Get your own, and have a LAWYER review it. It costs only a few hundred dollars, and it’s worth it.

By: Guillermo Guerini

Guillermo Guerini — Thu, 17 Sep 2009 13:37:57 +0000

I don’t have a formal contract, but I have some documents that describe all the job and the money involved. I never really had problems but the more I think about it, the more I want to become a bit more professional and maybe start to use contracts. If someone has a nice template, it would be very useful. My emails is guillermo [at] gguerini.com

Thanks

By: Nicole Foster

Nicole Foster — Thu, 17 Sep 2009 10:51:51 +0000

I too do not have a contract, but I have a terms of service page that I attach in my emails, and have available on my website. The good part is, the clients see if immediately because above my contact form it says: “By contacting, or directly emailing me to inquire my website design services you agree to the Terms of Service.” So, it is the responsibility of the client to take a look at the Terms of Service because I provide on my website, and in the first email.

I would say a Terms of Service page can almost substitute a contract, but I would advise having one anyways.

By: Michael Vella

Michael Vella — Thu, 17 Sep 2009 08:16:33 +0000

i do not use a contract but include my Standard Terms & Conditions, when I send out quotes. Once a quote is accepted, I send a letter thanking the customer and outlining exactly what services I will be providing, as well as payment terms and expected time line. Again, I attach my Standard Terms and Conditions.

The client has no excuse, if they do not read the Standard terms and Conditions. After all, I was upfront with them by giving it to them when I was only under consideration as a potential supplier.

I use my terms and conditions as proof that I am professional in the way I do business

By: James Costa

James Costa — Wed, 16 Sep 2009 17:20:31 +0000

@Wayne Key: Check out AIGA’s… It’s very simple and easy to mod. :)

http://www.aiga.org/content.cfm/standard-agreement