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Web Design Proposals into

Enforceable Service Agreements

Berrigan Doube Lawyers acted for an expanding web design business (“our Client”) that was in the midst of negotiations with a large charity organisation to revamp their existing website and integrate an active content management within the website infrastructure. Our Client had some brilliant ideas about the project but lacked a suitable Web Design Service Agreement (“Agreement”). An Agreement was necessary to govern the transaction between the charity organisation and our Client.

Our Client did have in place, a proposal which it would send to prospective clients outlining what it was providing with an attached fee schedule. The prospective client was required to sign-off on the proposal before work was commenced. This is typical of IT arrangements but may not always reflect a binding and enforceable agreement.

We were initially engaged by our Client to draft an appropriate intellectual property clause for the proposal. On a review of the proposal, it became clear that it failed to address a number of important issues. Our advice was that our Client needed a formalised Agreement which was suitable for the project he was being engaged for.

We subsequently drafted an Agreement for our Client that covered all the elements of the proposal and other important issues that had not been addressed in the proposal. We also drafted the Agreement flexibly to enable its use by our Client for any number of future projects.

If you have an IT contract or intellectual property enquiry, please do not hesitate to contact us for more information.