Re: FN-FORUM: Client contracts/proposals

date posted 27th January 2006 15:01

The first thing to say is that unless you're lucky you will probably
have some problem with a client paying at some stage over your career
- so not to plan for it would be foolish.

Not having a contract on the off chance everyone will pay is like not
taking out fully-comp car insurance on the off chance you won't have
a single crash in the whole time you drive - it's possible but it's a
big gamble.

My understanding is that even a verbal contract is legally binding.

However in practice (from bitter experience) it's better if you've
got a formal signed agreement detailing both parties' rights and
responsibilities.

More than anything it makes the client less likely to turn round and
say "Well we never had a contract". Obviously it also narrows their
options down in court - but the main advantage is you're much less
likely to need to take it that far.

If they're a genuine client they should have no problems signing a
contract - remember it doesn't have to be written in unreadable
legalese. If they don't want to you have to ask yourself why. You
could think of a contract as a good way to weed out the bad clients.

For non UK clients I always give them a non usable version of the
work until they've paid. For example graphic with a watermark on or
a CMS on my server - not theirs. That way if they don't pay they
won't get the work. Not a total guarantee - but saves on the "if I
saves it he can't sue me" people. If it's for a non-trivial amount
of work (more than $100) I also ask for an escrow payment - so I
know they're not wasting my time.

Rich Quick
http://www.richardquickdesign.com



On 27 Jan 2006, at 14:34, [EMAIL REMOVED]
[EMAIL REMOVED] wrote:

>
> Hi all,
>
> I want to get people's opinions and experiences regarding
> contracts/proposals for clients.
>
> Do you normally provide clients with a separate contract and a
> separate
> project proposal (or project specification) document? Do you insist
> they
> physically sign the contract before you start work? What if they
> live really
> far away/overseas? Or... do you just merge the two together (one
> document
> saying broadly what you're gonna do, the prices and any legal/
> copyright
> issues) and accept a verbal or email acceptance that they're happy to
> proceed? Would that stand up in court, if things went pear-shaped?
>
> I'm trying to decide what level of 'professionalism' is appropriate
> for a
> particular client. I sometimes get a vibe from most clients that
> they're
> simply looking for someone they 'feel' they can trust, and find the
> idea of
> a cumbersome contract intimidating. What's the minimum legal
> requirement to
> ensure I protect myself?
>
> It'll be good to get people's opinions. Thanks.
>
> Jomo
>
>
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