As with any employment relationship, it is appropriate for a freelance job offered and demanded by a customer is regulated and insured under the umbrella of a contract. Thus, the two sides plasmarán what their rights and obligations and avoid unpleasant misunderstandings that could damage future collaborations.
There are two features that should have any contract to be effective, that is embodied in writing and that writing is short, clear and simple. Although reaching a verbal agreement is legally binding, it is preferable to express in a document working conditions, since in case of doubt can review the agreement. If a conflict arises and the agreement is verbal word against the customer freelance face, and finding a satisfactory solution will be much more complicated. Also, it avoids cumbersome legal terms and the wording of the contract does perfectly.
Freelance expert Andy Clarke, after more than a decade of experience as a freelancer, lists a number of points that should not miss on a good contract for the freelance backs is saved for possible abuses of the client:
A simple description of who is hiring whom to do what, how, when and by how much.
What are the responsibilities of each party.
The details of the work and what is and is not included in the deal.
What happens when one of the parties changes his mind.
A simple description of legal issues.
Now suppose we get the custom design of a website or developing a WordPress blog. What sections must be included in the contract?
1. The name and details of the two parties in the employment relationship.
2. The scope of work. We must define what kind of work is going to do, what technology will be used in the design (HTLM, CSS) and which devices will work.
3. Changes. It is inevitable that the client makes changes during the design process. To avoid frustration, you must specify from which number of versions surcharge fee will apply.
4. Delivery times. To specify what are the phases of design and when to go giving the various stages provide a friendly relationship.
5. Ownership of the design. It is important to define who owns the design to the client to make full payment because it could resell it without the consent of freelance. It is important to retain the right to use the work in the personal portfolio.
6. Copyright. You have to know what the source of the images, texts, videos, code or plugins . The client must understand the use restrictions contained buying a third. For example, if you buy a stock photo of rights they may be limited in time and will have to renew them. Make sure who is going to pay for third party content. Also, all the material that delivers the customer for the design must be licensed for use. If any content is owned by freelance, it must make it clear that his payment until the work is done.
7. The price and payments. The design of a website can be infinite. Defined milestones and deadlines for completed calls for the immediate entry of the amounts negotiated for each stage. Defines, if you like, a prepayment: usually varies between one third and one half of the total price of labor. You must also decide if the price is final work or the hours devoted to the project.
8. Cancellation. Leave in writing and under what kind of conditions can terminate the contract and which would cost cancellation.
9. Signatures. The contract must be signed by the freelance and the company with two legally valid signatures. Already there are websites that are dedicated to the signing of documents online.
Standard Agreement for Design Services
And if it comes to the development of APP, while taking into account the points outlined above, we must be very careful with other facets Ross Kimbarovsky detailed nicely in your e-book contracts for software developers who hate contracts:
1. Warranty. Customers want to be assured that the APP works as expected and will not infringe any third party patent, copyright, trade secret or other intellectual property. The best you can do is promise freelance work perfectly, because there's always some little mistake. It would be good to delimit what errors solved for free and which have a surcharge.
2. Ownership of the code. To the end product and in the stages of development much code that is written is then removed. What the customer buys: the final code or the whole development? To be stated for the record.
3. Ownership of use of the APP. The freelance own original work and that the customer can set the rights of his choice and set a price on each. For example, you can assign rights to use the software only in certain geographical regions or for specific periods of time. You can also control whether the client is authorized to modify their work or license or sell his work to a third party without your approval. Typically, the fewer rights the largest freelance reserves is the price of labor.
While the legal issues Atar is not a minor issue. The tips in this post are a starting point, but often, especially in case of complex orders, is very useful to consult with legal experts doubt as lawyers or consultants.
Like it? Please share!