ABSTRACT

Software Requirements ☐ Ensure “open use” software ☐ Determine rights to software, and whether to sublicense or separately license

☐ Acquire disclosures from developer ☐ Identify who owns the software ☐ Address disabling devices

Schedules and Timetables ☐ Start date ☐ Anticipated termination date ☐ Intermediate “checkpoints” ☐ Process for modifying schedule ☐ Consequences if “checkpoint” not met:

S Extension S Monetary penalties S Termination S Delay S Acceleration

Term and Termination ☐ Initial Term ☐ Maintenance, hosting, and co-location services ☐ Requirements for developer:

S Return company property S Transfer software to company S Turn over documents S Confidentiality assurances S Receipts for reimbursements

☐ Final statement from developer and company that work was completed

☐ Termination without consent for material breach of contract Other Provisions

☐ Fees, charges, and expenses ☐ Project management ☐ Acceptance testing ☐ Warranties ☐ Identifications ☐ Content of website ☐ Linking issues ☐ Insurance ☐ Reports, records, and audits ☐ Training, education, and troubleshooting ☐ Disputes ☐ Trademarks and copyright ☐ Privacy ☐ Terms of use

Website development agreements describe the programming, services, and other requirements associated with a company’s website development project. Websites come in many different varieties, ranging from the plain to the glitzy and from the simple to the complex. After a company has made some basic decisions concerning the type of site it wants-or the type of site it wants its current site to become-a website developer should be selected who has the experience and capability in that type of site. To some extent, the criteria and desires of the company in this process should be reflected in the website development agreement.