Sample Contract

SherylT · #1 10-10-2007, 07:33 AM

I have been asked by a number of friends to set up website for them, but I know that I cannot legally do that under VodaHost. I've signed up for VodaGold Affiliate account.

I read in one post, that if you're building and maintain sites for others, and they have signed up and given you login information, that you should have some sort of simple contract between the two parties.

Does anyone have a sample contract, or is there a place to download such a form. I'd like to make sure any wording I use is correct.

Thanking you all in advance.

Vasili · #2 10-10-2007, 09:56 AM

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.

SherylT · #3 10-14-2007, 12:59 AM

Thanks for the input, Vasili. I was hoping I could find a "ready-made" contract, which would be written in clear enough wording that everyone could understand, even if they don't understand the building process. I'll try and do a simple contract and see how it goes.

MoodyMare · #4 02-12-2008, 03:07 AM

Sheryl, I am in the same position as you. Did you find a "ready-made" contract?

karel · #5 02-12-2008, 07:02 PM

Hi Sheryl, I did ask this question many moons ago and I also have a simple contract as it protects you in case of any furthur problems down the road. Here is the thread with some great advice and I will look for the one I use, just going out the door at the moment, but it is on my p.c somewhere.

Paul

judavvforum · #6 02-16-2008, 06:41 PM

Sherylt

There are hundreds of legal form sites on the net. Just "Google" free legal forms and you'll have your pick of hundreds!

Just be sure to read and understand every phrase in it to make sure that it does everything that you want it to do!

These aren't free but high quality: www.legalzoom.com www.nolo.com

Hope this helps.

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