|
Nicole -> RE: Client updated sites - general question (11/19/2005 4:18:29)
|
Rick,
Earlier in this thread you said:
quote:
In this instance option 2 won't be sufficient control for the client but I don't want them to ruin my design
I can understand what you mean, but really, after you've received payment for the website, the website is theirs to do with what ever they want. If in the event they ruin the design and come running to you to correct it, you really should have that covered in your contract.
Also if you have a design credit on the site and they add content to their site which you don't want to be associated with, or their changes make the site look so terrible that you don't want your byline appearing on the site any longer, that should be covered in your contract also, along with an indemnity.
It may seem like overkill, but here's a section of my standard contract which relates to these two issues.
quote:
20. Third Party or Client Page Modification
The Client may at its discretion independently edit or update their web pages, or engage a third party provider for this purpose after completion of the site as a way to control costs and avoid the expense of a Maintenance Agreement. This is always an option for Clients of Nix Design.
In the event the Client elects to exercise this option the Client undertakes to notify Nix Design in writing 72 hours prior to any modification whatsoever proposed to be distributed in the public domain, setting out the full details of the proposed modification and Nix Design in its absolute discretion reserves the right to delete its byline from the Client’s website. The Client agrees to indemnify Nix Design for any claims whether published with or without the written consent of Nix Design for third party claims inter alia in respect of breaches of the laws governing censorship and the torts of defamation, torts of deceit, breaches of trade practices act, fair trading acts, crimes acts, copyright law, trademark law, patent law, intellectual property law and/or contract law as apply from time to time in the Commonwealth of Australia and any other jurisdiction where any of the published material may be viewed.
Nix Design reserves the right to request removal of its byline from the Clients website at anytime during the twelve (12) month period from the date the website is completed and the Completion Contract has been signed. Failure to remove this byline within fourteen (14) days of the request being made may result in appropriate action being taken.
In the event the client elects to exercise this option, Nix Design will accept no liability for damages to the design or impairment of the communication function of these web pages. Time taken to repair the web pages will be assessed at the hourly rate as listed in Appendix C – Price List. Nix Design encourages Clients to obtain a Maintenance Agreement.
I've never had to enforce this, and don't ever think i'll have to, but it's there just in case. The reason for the 72 hours notice is really just to give me enough time to warn them of any consequences I can foresee emanating from their proposed changes, and/or to let them know to delete my byline while they're making the change.
Further, one of my clients have been consistently requesting that they be able to update their own site and mostly they could do that, as most of the changes are so minor that it's an annoyance for me to have to do. But, two things:
1. The person who would be entrusted with making these changes has never seemed interested in forwarding me the major updates to the site, often been very late in doing so and that's been noticed by many of their clients as their brand new site when completed earlier this year was instantly out of date as the information wasn't sent to me until months later.
2. Being a community service servicing very vulnerable people, some of the staff decided it'd be a good idea to add a section to the site where some of their clients could advertise their need for accommodation, i.e. a personal advert, and having been sent an example of what they wanted to put online, I was glad I was able to nip that idea in the bud as it could've presented a serious safety risk to their clients. Strangely even the General Manager thought it would be a good idea when I called her to voice my opinion. It didn't go ahead because of my objections, if I didn't have the chance to voice them, i.e. if the client had total control over their website, that particular client group could've been preyed upon by all sorts of nutcases.
Long enough post, but you can probably see that some clients shouldn't be able to update their own sites, so:
1. There should be provisions for this in your contract indemnifying you.
2. It really depends on the client
Nicole
|
|
|
|
