Buying Web Services: The Survival Guide to Outsourcing
Good fences make good neighbors. Web development is no exception and the
key to a successful Web project is more often than not codified into a fair
but firm legal contract.
The contracts presented here were generously provided by Jerrold
B. Spiegel, a partner at the well-known, Manhattan-based law firm Frankfurt,
Garbus, Klein & Selz.
These contracts are presented in the spirit of encouraging dialog as to
what constitutes fair terms and agreements for a Web development industry
that is still in its infancy. They are not intended to serve as a substitute
for sound legal advice from qualified counsel. In short, the one hundred
dollar phone call you make to your company's attorney might, in the long
run, end up saving your business far more than you can ever imagine. The
author of Buying Web Services strongly encourages you to contact a qualified
legal professional rather than engage is a poorly implemented "do it yourself"
approach.
Contract
One: Standard Subcontractor Agreement
This agreement should be used for specific projects undertaken by
a developer for a third-party client, where the work product will be owned
by the client. It contains provisions ensuring ownership of all copyrightable
material by the client and all inventions by the developer. It also contains
a confidentiality clause to protect the develper and the client.
Contract
Two: Standard Web Hosting Agreement
This agreement should be used by clients in the process of contracting
with a Web developer to build their Web site. Given the changing nature
of the Web development industry, the types of clauses in this agreement
are likely to contantly evolve to reflect those changes.
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