If you have decided to do freelance work for the clients, and you are ready with your whole plan either you have not yet thought of the Contract Terms for your clients or if you have that might be the scariest thing that you are procrastinating to get started with.
But this should be done as soon as possible without any delay because, when I got started I never paid much attention to it and I was busy doing all other things, but when after a couple of my projects backfired on me, that is when I decided I need to do something to save me from those circumstances.
Your contract terms will prevent that kind of situations from happening, and when a client asks for something which is not included you can simply point to the contract that you both have agreed on before getting started with the projects.
I know in the beginning it is a little hard for us to do the money talk, to ask your clients for the money feels a bit awkward in the beginning. This Contract will also take care of the payments and fees that many of us hesitate to ask. And it will also make sure that your client doesn’t ask for more within a specific budget that you have mentioned in your Contract Terms.
We as designers don’t want our heads to be in the wrong place due to the unpleasant details that are hard to handle. It is very helpful when your Contract is handling all those unpleasant details for you, and you can do what you do best without worrying about anything.
To write an effective Contract Terms page you need to first organize your services well in packages and you would have to mention all the details and deliverables, then if your client is asking any custom additions to your package then you need to mention that as well. Write the detailed structure of your payment, and what amount will be non-refundable and cancellation cost and details. And in the end, write the details about the Rights of the ownership.
All of these key points will make the way you work stress-free and more smooth. You need to know all these points in details so that you can implement if well for your own business.
Project Details
Under this, I write the project deliverables and the details about the package that are involved. And also if the client needs to have a custom package according to his particular needs. I will also mention it along with the change in the overall payment. You need to be precise with the details and information about the project, the deliverables that you are going to provide, number of revisions, timeline, etc. so that there won’t be any confusion. You need to add everything and do not miss out on any of the detail that you have included in the package.
Payment Terms
This section will include all the details about the fees and the whole payment. You need to be very clear about this section, mention what amount is non-refundable and schedule at which the money needed to be sent.
Most of the design businesses including me ask for 50% of the fee before beginning with the project, and 50% is received when the work is finished and presented, but before the final files have been sent. Mention the mode of payment that you use, I personally use a different mode of payment for international and local clients.
Paypal is good for international clients if you want your payment to be quick but there are other options as well that you can opt.
Termination
In case of the cancellation or termination of the project before getting finished will be included here, you need to be clear with the clauses in which case you and the client is liable to terminate the project.
Also, you need to make sure to include what amount of money is refundable in case of the termination of the project. This will save you from a lot of friction and resistance in a situation of the clashes.
This doesn’t mean there won’t be any heated conversations sometimes, but it just means that you can point to the clauses that you both agreed upon before beginning with the project. But how you handle cancellation and refunds is very important.
Rights of Ownership
The ownership of any design is held by the designer initially until he/she transfers the rights to someone else or the client, generally after the final payment for the work.
Make sure to let them know what right do they have and in what way they can use your work, or if you want to give them allowance to use it the way they want. I personally retain rights to use the work to showcase on my site, add it to my portfolio or update on my social media handles.
In the case of non-disclosure agreements, when the client ask me that they don’t want the work to be out in public. I usually discuss, after what period I can use it.
Other Terms
You need to mention the clauses which are not the part of any of the above terms like you won’t be responsible for any changes after you are done with the project in case client thinks something needs to be changed. And it doesn’t mean that I don’t do those changes once I am finished with the project, when my client requests me to change something minor I do it or if it is something that will take the time or some extra effort I ask for a little money.
Often times you will receive the images and logos from your client. The client is responsible for making sure that the material he is sending you is clear of any infringement before using them.
You need to sit and think about what can go wrong and keep yourself safe by adding a clause against it. And do not worry about making it perfect. It might be hard to write a contract but start by writing a basic contract and with time and situations, you will face you can update your contract to be prepared the next time.
Contracts are actually there to protect both of the parties but they often have seen as something negative.
Note: This is all based on my experience and I am not a lawyer. None of the information is legal advice from me. I wrote this article to because I faced a lot of a hard time writing a contract for my design business, this is just a post to help people. Different geographical regions have different laws, you should consider consulting a lawyer near your location.
