 Re: Sample Contract | |
Sounds like this is my area of expertise.....since I am the one who keeps this mantra before everyone in some attempt to lull them into proper practices..... LOL!
No need to get fancy-smantzy, Sheryl, just clearly compliant and agreeable:
1. Need to affirm legal ownership and access to domains at all times, per ICANN Rules
2. Should stipulate that under no circumstances will a domain, account, or "website" be held under any amount of administrative control that would be seen as denial, hostage, or illegal transfer (even by implied authority)
3. Should spell out financial liabilities for maintaining hosting account
4. Should never create verbiage or practice that would imply that the Client (owner of domain and legal sponsor of hosted account) is being "licensed" rights of use or access to the site you create/maintain on their behalf: you are merely performing a service for a disclosed fee, and images, content, etc. are in fact delivered property to the client/payor
5. That upon resonable notice, administrative control/access to accounts will be reset to Client, who then may exercise the liberty to change passwords, emails, or any other configuration previously set, monitored, or adminstrated for any Control Panel, website, or archive previously created, maintained, or configured by designee/agent
6. You should also spell out the fees that will be specifically charged for all services, and whether or not there is an escalator or adjustment to be considered or applied.
7. And, for good measure, provide a short clause that every site/account/original creative will be compliant with US Federal and Internationally Accepted Law and Practices, and mention the ability for you to be able to terminate association if asked to depart from such compliancy (sever with cause) to protect yourself from liabilities.
8. Include signature spaces for a witness to the clients' signature, and spaces to record/document postive ID (do your due diligence to ascertain legal identity for the client to absolve you for offense by proxy).
Pretty much common sense rules and practices....the same things you would look for when you are entering into an agreement with a Provider. They all add up to dual recourse and credibility.
* Keep it written light, but do not skimp on covering the bases: if something does go awry and there is a pin-hole of error, your demonstration of "due diligence" supercedes any claim of malfeasence.
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