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Website Graphics Question

Charles asks…

What should be in a contract for a web design gig?

I’m planning to design a website for a startup company. I’ve done several in the past but I figured it would be smart to begin using a contract for any possible just-in-case situations. I’m not interested in a lawyer or anything so my thoughts are I should just print out two sheets of paper that say something like the following, and I was wondering what you think.

“The Client is responsible to pay 50% [some example dollar amount] upfront, and the Client is responsible to pay the remaining 50% [dollar amount] before or upon the Designer’s completion of the agreed upon Website work (Project Scope, see attached), before the Website will be published. The website Design, graphics, and coding will reamin the sole property of the Designer until the complete payment as specified above has been made. The website will be published and the Client will have the rights to use the design only upon the Designer receiving the full payment specified above.

“The Client will not burden the Designer with work beyond what is outlined in the Project Scope, and the Designer is not responsible to do any work not specified in the Project Scope, except with the Designer’s written agreement and a mutually-agreed upon, additional fee.

“At the Client’s request or agreement, the Designer will have the option to work based on reductions or minor changes to the Project Scope.

“The Designer will not be held responsible in any way, financially or otherwise, for any damages, loss, or harm that comes as a result of the Designer’s work or otherwise. If for any reason the Designer deems the Designer will be unable to complete the Website work as indicated in the Project Scope, the Designer will have the option whether to accept an updated, reduced fee and whether to transfer the rights to use any design and coding work that has already been completed to the Client.
Oh and I would probably also add something like:

“If at any point the Client wishes to terminate or indefinitely postpone the Project, the Designer will retain full rights to any designs, graphics, coding, and other materials provided or created by the Designer and the Designer will keep any payment already made by the Client.”
Also if you say that I don’t need any part of the above, say why I don’t need it or shouldn’t have it. Otherwise all I have is my initial reason for writing it which is I want to avoid getting sued or screwed.

scottparat answers:

Drop all of this.

“The Client will not burden the Designer with work beyond what is outlined in the Project Scope, and the Designer is not responsible to do any work not specified in the Project Scope, except with the Designer’s written agreement and a mutually-agreed upon, additional fee.

“At the Client’s request or agreement, the Designer will have the option to work based on reductions or minor changes to the Project Scope.

“The Designer will not be held responsible in any way, financially or otherwise, for any damages, loss, or harm that comes as a result of the Designer’s work or otherwise. If for any reason the Designer deems the Designer will be unable to complete the Website work as indicated in the Project Scope, the Designer will have the option whether to accept an updated, reduced fee and whether to transfer the rights to use any design and coding work that has already been completed to the Client

Mary asks…

Is it illegal to design without a license?

If someone were to design a website, or graphics for someone for profit, would it be illegal to do so without some sort of license or degree? Doesn’t it depend on how much you’re making and if so, what is the maximum profit you’re allowed to make?

I live in the United States in the state of Florida, (in case these laws vary from state to state.)

Thank you for your time.

scottparat answers:

No license required.

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