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Reflect
Posts: 4769
From: USA
Status: offline
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Client contract (from clients viewpoint) - 3/4/2005 12:13:33
Hello,
I am not activley taking any clients however I still advise friends.
When reviewing a contract, from the CLIENTS perspective, you see nothing about source files and code. You then hit the developer, prior to anything being started, and point this out. The developer then states sure you can have the source code and images but it will be 1 1/2 times the contract price. Contract price is 5K. Site is flash based so .swf files would be needed. Also the developer states he/she owns the work, content included.
Advise I gave the friend, work this out prior to signing!!!
My thoughts:
1) You are paying for a completed web site on your own host you have rights to the source files as they will be paid for.
2) You have rights to the content that you, as the client, provided to the developer verbatum.
3) Deveolper wants to be domain names tech. contact and insists on registering domain. In my mind this means holding domain hostage at any given point by repointing domain to different DNS server after migrating site.
Developer wants to devlop site on his/her server and tehn FTP to clients server. This I advised is normal and not to worry.
Am I giving out bad advise? This just reeks to me of a hostage situtation down the road.
Take care,
Brian
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dpf
Posts: 7126
Joined: 11/12/2003
From: India-napolis
Status: offline
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RE: Client contract (from clients viewpoint) - 3/4/2005 12:16:09
quote:
Am I giving out bad advise? This just reeks to me of a hostage situtation down the road excellent advice brian and something we shall all be facing. I agree, the client should own the source files and posses them and the domain name. btw, the true source files for flash are the .fla - you cannot modify the .swf
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Dan
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jaybee
Posts: 14191
Joined: 10/7/2003
From: Berkshire, UK
Status: offline
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RE: Client contract (from clients viewpoint) - 3/4/2005 12:34:07
Anything he has specifically commissioned and paid for he should get the rights to. You have to be careful in assignment though. Supposing I developed a site with a bulletin board and I used PHPBB. He cannot be given ownership of the source code of that as it's not mine to give.
Likewise, if I use some photographs on his site that I've purchased through Getty or similar, he has the right to use those on his site but he can't own them.
I have the following clause in my contract which, I hope, covers this.
quote:
38. Ownership to Web Pages and Graphics
Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners.
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If it ain't broke..... fix it until it is.
GAWDS
Now where did I put that Doctype?
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Reflect
Posts: 4769
From: USA
Status: offline
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RE: Client contract (from clients viewpoint) - 3/8/2005 14:55:43
quote:
a year later we fall out for whatever reason and part company, I don't want you in a position where you could refuse to let the next designer modify "your" code. As a client my point of view is; I've paid for it so it's mine. End of story.
Exactly my thoughts on this to a tee.
What if you want to modify the text on that flattened jpg? You need the psp file. What if you want to modify the flash intro? You need the source file.
Now the developer already did the work and got paid, why should they be involved unless from greed/want of more money? I relate this to a developer registering a domain for the client in his/her name.
Take care,
Brian
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