Now more than ever, we live in a world where digitization has made web and application development essential aspects of just about everything: education, business, health and even law, among other fields.
Due to this, owning a web presence is just as important, if not more, as owning a physical one. This is why a lot of web/applications are contracted out to developers in order to ensure that the enterprise keeps up with the trend of digitization.
Independent Contractor Agreements are often part and parcel of web/application development. Or, your developer may have their own agreement that they’d like you to sign. Either way, this legal document aims to ensure that your expectations and those of the web/application developer are fully captured. As well, as any future rights in your intellectual property.
To get a well-written contract, you need to understand the best practices associated with it. Read on to find out what they are.
Avoid handing over all the requirements to the web/app developer and letting them go at their own pace. Create milestones for the total lifecycle of the project. It helps with tracking and modularity. You can get a bird’s eye view of the functional parts of your project so you can easily identify issues and possibilities in the course of the development process.
Creating milestones can also help you tie the milestones with payment. At each milestone, there is a stop of sorts where you evaluate the progress. If you are satisfied, payment is made and then off to the next phase!
Pay attention to security.
It would be best if you established a secure means of transferring information and a level of access control your sensitive data. Please pay attention to the security measures and protocols that the web/application developer uses and how they plan on managing your data. Ensure that they understand your security concerns, and they possess the capability to handle them.
Proper Scope and Documentation
Since you will be working with a third-party ensure that there is proper scope and documentation. This prevents misinformation that can derail the project. Documenting your scope also ensures that there is clarity and transparency in the discussions. It also provides a reference point during and after the web/application development process has been completed.
Proper documentation will also ensure that you have the flexibility to move to other vendors or add anything additional to your product without needing a lot of knowledge transfer.
By setting out clear goals and scope, you reduce the amount of discussions around what is included in the engagement and what would be considered out of scope for the project.
Outlining clear expectations between you and your developer.
Fix the Money Matters
This is where you decide on the financial aspect of the contract. Be clear on what you are willing to pay for your expectations. Determine events that might trigger payments like milestones. Discuss the impact on out of scope requirements, or issues that crop up unexpectedly.
These out of scope or change orders might come with an hourly rate or a decided fixed rate as you move through the project.
Establish Clear Communication Channels
This is essential because proper communication channels facilitate understanding between parties, eliminates delays and increases the chances of creating a great project. Clear communication channels also ensure that you are in the loop about the process and that you can actively participate at all stages in the process.
Generally, this is called a PMO or a project management office which can be critical in larger projects where points of escalation may be needed as well as frequent meetings between stakeholders.
Make Sure You Own it!
Did you know, that intellectual property belongs to the person who CREATES it? NOT the person who bought it. It is a common misconception that if you bought something that you own it.
You need to make sure that the contract clearly states that any intellectual property is assigned to you.
Here, wording can get tricky between ‘work made for hire’ (and this isn’t self-explanatory, even I look up the statute every now and again to refresh my memory) and an assignment.
Here is a tip: if you are getting a low quote than what you thought, it is probably because you are not getting the intellectual property.
Which means, you will not be able to take it anywhere else, to anyone else or in simple terms, do what you want with your website or other project deliverables.
Outsourcing your web/application need is imperative because of the benefits attached. Understanding the best practices involved in the contracting of your web/application development will help you go about it the right way.
Rather than do it yourself, why not engage an attorney to help you negotiate the right terms of the agreement.