Some of the Key Clauses included are:

Expiration Date – your quote/proposal should not be valid indefinitely… You send it, and the Client doesn’t accept it until 3 years later? We have you covered.

Pause Clause – if client delays the project for a specified period of time, this clause allows you to pause work and they will have to pay a fee to reactivate the project, when they’re ready, if you both agree.

Early Termination Fee – The price proposed may be based on a minimum or certain number of hours, if the client chooses to cancel early, they will lose the benefit of the reduced price quoted for the total project. 

License/Copyright Grant Upon Final Payment – This serves a lien on your work product or  project deliverables, where you retain all rights in the work, unless and until you are paid in full. 

Design Credit/Marketing & Advertising – If you don’t put in writing that you’re allowed to feature your work (the client’s project) on your website or in your portfolio, then you don’t have the right to use your client’s business name or logo. Get their permission, in writing, when they hired you. 

Reimbursables – such as stock photos, plugins, etc. – Your proposal should specify what tools, plugins, what type of images and licensing will be included and anything above and beyond what is stated in the agreement, will be reimbursed by the client.

Terms of Service

Some of the Key Clauses included are:

Jurisdiction – When you make your goods and services available on the world wide web, you are making

Notice – What is valid notice? Does it have to be in writing? Email or Snail Mail? You want to have this clearly defined, to avoid disputes.

Drafter’s Clause – Simply states that contract will not be interpreted against the person providing it, in this case YOU. If like the majority of currently available online contracts, this clause is left out, anything in is unclear in your contract, it will be decided in favor of your client, or the other party.

Warranties – If you’re shopping templates and contracts, is the Warranties section in all caps and bold? If not, it’s likely unenforceable and you can be held liable. (Article 2 of the Uniform Commercial Code which has been adopted by all 50 states, except Louisiana, states: a disclaimer is conspicuous if it is written, displayed, or presented in such a way that a reasonable person should have noticed. Different states interpret “conspicuous” differently but all caps and all bold is best practices for an enforceable warranty.

Total Liability – this is your opportunity to limit the amount your client can sue your in the event something goes wrong. Kind of important, right?