Website Development​ Agreement

What is a website development agreement?

A website development agreement is a special type of a service agreement under which the developer creates a website, mobile application or SaaS product for the client. The standard website development agreement template defines a clear framework for cooperation by answering the key questions below:

• What should be created?
• When should it be created?
• How much the client should pay?
• How to end the contract?
• How to resolve the dispute?

This document is extremely popular amongst small and medium-sized Australian businesses when engaging freelance IT developers and agencies for the creation and launch of their IT products.

Who needs this website development agreement sample?

This document template is designed for the development of SaaS products, websites, mobile applications and other software by:

• Freelance IT developers willing to formalise existing contractual relations with potential or existing clients;
• Established IT firms and digital agencies looking for a solid service level agreement for website development with ongoing clients;
• Online businesses operating in Australia that are looking to build an online presence through a website or mobile application.
• Startups’ founders who are engaging developers to launch and build their projects.

This document shall be used strictly for the development of a website, mobile application or other software. If the parties require additional services such as website or graphic design or SEO content services, a general service agreement or content writing agreement should be used instead.

Why does your business need this sample website development agreement?

By customising this template with FasterDraft, you benefit from the following:

• a document that is fully compliant with Australian laws, including the Copyright Act 1968 and the Competition and Consumer Act 2010;
• a document that can be used by developers and clients operating in all Australian states and territories;
• a document that includes all necessary wording to effectively protect both parties’ IP rights;
• a document with a clear structure and written in plain English;
• a template created by real legal professionals and not an AI-generated one;
• a template that is ready for instant download right after the purchase;
• a template that reflects best-practice contract drafting standards in the Australian IT industry.

What should be included in this website development agreement template?

A solid and professionally drafted website development agreement template must include several core components to ensure both parties are properly protected throughout the provision of development services.

Scope of Work & Deliverables

The success of every website development agreement largely depends on how clearly and in detail the scope of work is defined. This section not only clarifies the client’s expectations but also protects the developer from undiscussed scope of work and unapproved changes. The document should include:

• a brief description of the website, its purpose and functionality;
• the name and URL of the website;
• details of the design of the website (if included in the development);
• type of software being developed (website, mobile application or SaaS).

Payment Terms

The payment model usually depends on the complexity of the project, the number of staff involved and the duration of work. For example, in the case of a complex service level agreement for website development, hourly or daily rates should apply. If this is simple website development, the parties may agree on a fixed fee or monthly fee.

All prices should be provided in Australian dollars only, exclusive of any goods and services taxes (GST).

Revision of work

Following the delivery of the website, the client should be given a reasonable period of time to test and revise the final work. This is common for all service-level agreement website development and allows clients to spot any bugs and technical issues. In its turn, the developer should agree to fix the bugs and mistakes at no additional cost. As a rule of thumb, the document should provide the client with at least one free round of revision.

Technical Support

For complex projects such as online platforms or SaaS products, a website development agreement may include a technical support clause. This is a post-launch period after the release of a platform or website when the developer provides technical support and maintenance. The technical support can be included in the fees already paid by the client or could be paid separately depending on the provisions of the agreement.

Dispute Resolution Clause

Website development agreements are often prone to disputes in relation to the scope of work to be done, the client’s expectations and the final deliverables.

Therefore, it is essential to decide in advance which state or territory court shall be competent for the resolution of a dispute. Parties to a website development agreement sample are free to choose any Australian state or territory they prefer to apply to their dispute.

Top-3 Legal Tips for creating a solid website development agreement

A website development agreement in Australia is subject to a number of additional requirements.

Australian Consumer Laws

When the software development services are offered to the general public, the website developer shall comply with the core requirements of Australian Consumer Law. The client has a number of statutory consumer rights that cannot be excluded, including:

A software developer remains liable for death, personal injury or damage to personal property caused by negligence or wilful misconduct.

The right to receive services with due care and skill in line with the industry minimum standards.

The developer’s liability under this type of agreement is limited to the amount paid for the services.

Confidentiality

In many cases, the development of the website or mobile application involves the client’s trade secrets and other confidential information that must be protected. For this reason, in the Australian IT business it is common to use the website development agreement template alongside a separate confidentiality contract. In that document, the parties usually set out detailed restrictions related to the usage and disclosure of confidential information by the developer, as well as their staff, agents and employees.

Protection of IP Rights

Under the Copyright Act 1968, the created intellectual property rights in a commissioned work are not automatically transferred from the developer to the client.

Therefore, the parties must separately agree on the transfer of those rights within the website development contract agreement. While all material intellectual property rights, including the right to publish and use the website, belong to the client, the developer usually retains authorship rights. This is standard practice in the IT industry, which is why many websites include a developer credit in the footer.

How to customise this website development agreement template for Australia?

To get a fully customisable document template, follow the simple steps below:

1. Click the “Create Document” button.
2. Answer simple questions in the form.
3. Select a template’s format – website development agreement PDF or Word.
4. Make a payment.

The document is ready for instant download immediately after the purchase.