Can this agreement be e-signed?

Yes. Electronic signatures are enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and most state UETA statutes if the parties show intent, consent to electronic records, attribution, and retention ability.

Do I need a notary or witnesses?

Generally no for commercial service agreements. Notarization is rare for web development contracts; check state or industry rules if the contract transfers real property or creates a security interest.

What privacy clauses are required?

Include data processing terms, security measures, breach notification timelines, and, where applicable, CCPA or HIPAA provisions for handling personal or health data.

How should IP be assigned?

Use explicit assignment language or a perpetual, worldwide license. Identify third-party components and any excluded preexisting code to avoid future ownership disputes.

What if a signer lacks authority?

Confirm signatory authority in the signature block. If authority is later challenged, a ratification or board resolution may be required to validate the agreement.

How do I store the signed document?

Store a reproducible PDF with an audit trail showing signer attribution, timestamps, and a secure backup. Retain records according to tax and industry retention rules.

Electronic Signature
Templates
Miscellaneous
Website Development Services Agreement

Website Development Services Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

Website Development Services Agreement

This Website Development Services Agreement (the Agreement) is made effective as of by and between Developer: and Client: .

RECITALS

WHEREAS, Developer is engaged in the business of designing, developing and implementing websites, web applications and related services; and

WHEREAS, Client desires to retain Developer to provide website development services described herein and Developer agrees to provide such services under the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows.

SCOPE OF WORK

Developer will provide professional services to design, develop and deliver a website for Client in accordance with the specifications and deliverables set forth below. The deliverables include site design, front-end development, back-end integration, content migration, basic SEO setup, and deployment to Client's hosting environment unless otherwise specified.

Detailed Scope and Deliverables

PROJECT TIMELINE; ACCEPTANCE

Project commencement date: . Estimated substantial completion date: .

Upon delivery of each milestone or final site, Client shall have days to review and notify Developer of any nonconformities. If Client does not provide written notice of rejection within the acceptance period, the deliverable shall be deemed accepted.

PAYMENT TERMS

Total Fee Payment Schedule / Milestones Invoices and Due Date

Developer shall invoice Client in accordance with the payment schedule. Unless otherwise stated on an invoice, Client shall pay invoiced amounts within days of receipt.

Late Fee / Interest

Overdue amounts shall accrue interest at a rate of or the maximum permitted by law, whichever is less. In addition, Client shall reimburse Developer for reasonable collection costs, including attorneys' fees.

CHANGES; ADDITIONAL WORK

Any changes to the Scope of Work requested by Client will be documented in a written change order signed by both parties. Additional work will be billed at the rate of per hour unless a different price is agreed in writing.

CLIENT RESPONSIBILITIES

Materials and Cooperation

INTELLECTUAL PROPERTY

Upon receipt of final payment in full, Developer assigns to Client all right, title and interest in and to the custom deliverables specifically created for Client under this Agreement, excluding Developer's pre-existing materials, tools, libraries, templates, frameworks, and generic code (Developer Materials), which remain the sole property of Developer. Developer grants Client a perpetual, non-exclusive, worldwide license to Developer Materials incorporated in the deliverables to the extent necessary to use the deliverables as intended.

Developer may retain copies of the deliverables for archival and portfolio purposes, provided such use does not disclose Client Confidential Information.

CONFIDENTIALITY

Each party agrees to hold in confidence and not disclose to third parties, and not use for any purpose other than performance under this Agreement, any confidential or proprietary information of the other party marked or identified as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. This obligation survives termination of this Agreement for a period of three (3) years, except that trade secrets shall be protected for so long as they meet the definition of trade secret under applicable law.

WARRANTIES; DISCLAIMER

Developer warrants that the services will be performed in a professional and workmanlike manner consistent with industry standards. For thirty (30) days following acceptance, Developer will remedy, at Developer's expense, any material nonconformity reported in writing. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS PARAGRAPH, DEVELOPER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

Except for liability arising from Developer's gross negligence, willful misconduct, or Developer's breach of its confidentiality or indemnification obligations, in no event shall either party be liable for indirect, incidental, special or consequential damages. Developer's aggregate liability for any claim arising out of or related to this Agreement shall not exceed the total fees paid by Client to Developer under this Agreement.

INDEMNIFICATION

Client shall indemnify, defend and hold Developer harmless from and against any third-party claims arising from Client-supplied content, Client's breach of representations or warranties, or Client's use of the deliverables other than as authorized herein. Developer shall indemnify Client for claims that the deliverables, as delivered and used in accordance with this Agreement, infringe a third party's valid intellectual property rights, provided Client notifies Developer promptly and cooperates in the defense.

TERM AND TERMINATION

The term of this Agreement begins on the Project Commencement Date and continues until final delivery and acceptance, unless earlier terminated as provided herein. Either party may terminate for convenience upon written notice delivered at least days prior to termination. Either party may terminate for material breach if the breach remains uncured for thirty (30) days after written notice of such breach. Upon termination, Client shall pay Developer for all work performed and non-cancelable obligations incurred through the termination date.

GOVERNING LAW; DISPUTES

Governing Law (State/Jurisdiction)

Any dispute arising out of this Agreement shall be resolved in the courts of the chosen jurisdiction or as otherwise mutually agreed. The prevailing party in any action to enforce this Agreement shall be entitled to recover reasonable attorneys' fees and costs.

NOTICES

Developer Address for Notices Client Address for Notices

ENTIRE AGREEMENT

This Agreement, including all exhibits, statements of work and change orders executed hereunder, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, understandings and communications, whether written or oral. Any amendment to this Agreement must be in writing and signed by both parties.

Developer (Printed Name):

By:

Date:

Client (Printed Name):

By:

Date:

What a Website Development Services Agreement Is

A Website Development Services Agreement is a written contract that sets out the scope, deliverables, timeline, payment terms, intellectual property ownership, warranties, maintenance obligations, confidentiality, and termination rights between a client and a developer. It clarifies which party retains source code, domain control, hosting responsibilities, and which services are considered billable change orders. For electronic execution, the agreement can be signed under the federal ESIGN Act (15 U.S.C. ch. 96) and applicable state law (UETA or a state ESRA), provided the parties manifest intent, consent to electronic records, and retain reproducible records.

Why a Clear Agreement Matters for Web Projects

A clear Website Development Services Agreement reduces scope disputes, protects IP, sets realistic timelines, and defines acceptance testing and warranty remedies. It allocates risk for third-party integrations, data privacy, and ongoing hosting or maintenance obligations in one enforceable document.

Who Commonly Uses This Agreement

This agreement is used by businesses and independent developers when delivering custom websites, web apps, or SaaS integrations.

Small and midsize businesses hiring an external developer for a public-facing website, ecommerce store, or portal.
Freelance developers and agencies offering fixed-price or time-and-materials web development services.
Enterprise project teams contracting for integrations, API work, or vendor-hosted web applications.

Select the version and clauses that match project complexity, industry regulation, and the chosen delivery model (fixed price, milestones, or retainers).

Essential Sections to Include

A professional Website Development Services Agreement groups obligations into clear sections so both parties understand responsibilities, deliverables, timelines, payment, and remedies.

Scope of Work

Detailed deliverables, features, technical specifications, acceptance criteria, and excluded items to prevent scope creep and support milestone-based approval.

Deliverables & Milestones

Defined artifacts, delivery dates, milestone acceptance tests, and remedies for missed deadlines, including precise definitions for 'complete' and 'accepted'.

Payment Terms

Fee schedule, retainers, milestone payments, late fees, refund conditions, and any payment processing or currency provisions.

Intellectual Property

Ownership, license grants, assignment of work product, third-party libraries, open-source obligations, and post-termination code access.

Warranties & Support

Performance warranties, bug-fix periods, maintenance scope, SLA response times, and exclusions for third-party service failures.

Confidentiality & Privacy

Nondisclosure obligations, data processing terms, applicable privacy laws, and client responsibilities for user data handling.

Key Information to Gather

Client Legal Name: Full registered entity name

Developer Legal Name: Full registered entity name

Project Scope: High-level feature list

Payment Terms: Fees, schedule, method

Effective Date: MM/DD/YYYY format

Governing Law: State selected for disputes

Step-by-Step: Completing the Agreement

Follow these steps in order to prepare, review, and execute a Website Development Services Agreement.

01

Draft Scope: Describe deliverables and attach technical exhibits.
02

Agree Payment: Set milestones, amounts, and invoicing terms.
03

Assign IP: Clarify ownership or licensing terms.
04

Execute: Sign electronically or in writing with authorized signers.

Customizing and Configuring Online Workflows

Set up an electronic workflow that mirrors the contract’s signatory order and required fields before sending for signatures.

Field	Configuration
Signature Order	Define sequential or parallel signing
Required Fields	Mark names, dates, payment fields required
Authentication	Set email, SMS code, or stronger
Audit Trail	Capture timestamps, IPs, and history

Where to Send and Store Executed Copies

Establish a consistent routing and archiving process for signed agreements to support compliance and future audits.

Client Records: Store signed PDF in client document repository
Developer Archive: Retain executed copy in project folder
Version Control: Push code to repository with release tag
Backup Storage: Keep encrypted backups offsite or in cloud

Digital Signing and Integration Considerations

Choose an eSignature workflow that supports required authentication, audit trails, and integrations with your systems.

Authentication: Email, SMS code, or KBA options
Integrations: CRM and storage connectors available
Document Formats: Accepts PDF, DOCX, HTML

Ensure the chosen platform can provide a reproducible audit trail and, where required, a Business Associate Agreement or other compliance addenda.

Typical Timelines and Deadline Expectations

Define dates clearly to avoid disputes about delivery, testing, and maintenance start. Use calendar dates rather than relative terms when possible.

Effective Date:

Contract starts on the MM/DD/YYYY effective date

Milestone Delivery:

Milestone dates tied to payment schedule

Acceptance Testing:

Client has specific days to accept or reject

Warranty Period:

Defined bug-fix window after acceptance

Maintenance Start:

Maintenance begins on the agreed date

Common Mistakes to Avoid

Vague scope descriptions that omit acceptance criteria and allow unlimited change requests without agreed change control.
Failing to specify intellectual property ownership and third-party license responsibilities, leading to downstream licensing disputes.
Not defining payment milestones or remedies for late payment, which can stall development and delivery.
Overlooking data privacy and security obligations, especially when handling personal data or integrating with payment processors.

Key Risks and Contractual Penalties

IP Dispute: Claims over ownership

Missed Launch: Liquidated damages or lost revenue

Nonpayment: Work suspension or collection costs

Privacy Breach: Regulatory fines, remediation costs

Breach Remedies: Termination, indemnity, or specific performance

Tax Withholding: Incorrect contractor classification

Real-World Examples of Use

These brief examples show how teams use a Website Development Services Agreement in practice with electronic execution and integrations.

Optica Ventures (COO)

Optica used a clear SOW and milestone payments to accelerate launches without dispute.

The interface was simple for internal teams.
The team reported easier client onboarding and faster approvals when deliverables and acceptance tests were defined in the agreement.

Xerox (NetSuite Director)

Xerox integrated contract execution with their ERP for automated invoicing.

API integration automated billing events.
That approach reduced billing errors and ensured invoices matched accepted milestones recorded in the signed agreement.

FAQs and Troubleshooting

Answers to frequently asked questions about preparing, signing, and storing Website Development Services Agreements, including digital signing and compliance.

Need help? Contact support

Can this agreement be e-signed?
Yes. Electronic signatures are enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and most state UETA statutes if the parties show intent, consent to electronic records, attribution, and retention ability.
Do I need a notary or witnesses?
Generally no for commercial service agreements. Notarization is rare for web development contracts; check state or industry rules if the contract transfers real property or creates a security interest.
What privacy clauses are required?
Include data processing terms, security measures, breach notification timelines, and, where applicable, CCPA or HIPAA provisions for handling personal or health data.
How should IP be assigned?
Use explicit assignment language or a perpetual, worldwide license. Identify third-party components and any excluded preexisting code to avoid future ownership disputes.
What if a signer lacks authority?
Confirm signatory authority in the signature block. If authority is later challenged, a ratification or board resolution may be required to validate the agreement.
How do I store the signed document?
Store a reproducible PDF with an audit trail showing signer attribution, timestamps, and a secure backup. Retain records according to tax and industry retention rules.

Comparison: eSignature Platforms for Executing This Agreement

Platform features and pricing models vary. The table below shows starting prices and key features across several providers to consider for executing Website Development Services Agreements.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial, no card	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now