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Smashing eBook_ Professional Workflow for Web Designers - Luke Reimer [4]

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that protects you from the evil-doing public and shifty clients.

Sample Terms of Service

Privacy Policy

A web site’s privacy policy outlines what information may be collected from users, how it may be used, and what sort of cookies or tracking technology may be employed. Basically, it governs all interactions between users and the web site. This document is extremely important to include, as without it a client can be penalized legally and criminally for misuse of end user information – even if voluntarily submitted.

While most legal documents are simple, to the point, and no-nonsense, it’s good to include some reassurance for users in this one – such as a commitment to protect their information. Many users are growing ever more concerned about the release and use of their personal information, making it important for us as industry professionals to be sensitive to these concerns.

Sample Privacy Policy

Using the Documents

Flexibility

The documents that have been provided here are samples both in format and in content. There are many different types, trends, and preferences concerning what go into these documents. For example, non-disclosure agreements can be included in a contractual agreement or kept as separate documents – or, payment terms can be included either in a work order or within the contractual agreement as well. It’s up to you to decide what makes the most sense for your business and your specific projects.


Stacking the deck

When constructing these documents, and especially in the case of the contractual agreement, you’re in essence outlining the various ins and outs of your working relationship with the client. There are two parties in this relationship, and it’s important that each are treated fairly within the language and terms of your contracts and documents. If a contract sways to the advantage of one party over the other the result is an unfair or unequal client/consultant project relationship and the possibility of backlash from the client. Be sure to protect yourself, but be equally sure to protect the client and meet their needs. In the end they should be just as comfortable and satisfied with the documents as you are.


Formatting

I know that I probably don’t need to mention this, but this is one of those situations in which spelling and grammar are paramount. In many cases entire legal teams and/or Vice President’s may be going through your documents with a fine-toothed comb, and your professionalism through language is certainly on the line. Read the documents, edit them, re-read them, have a friend read them (know any lawyers?), and then read them again. If English is your second language or you’re using another language that you’re not entirely comfortable or experienced with, be sure to seek an expert opinion from another source – you may have errors and not even realize it.


Including the documents in your project management

Once you’ve created and compiled your documents it’s important to know how and when to use them in your web design process. The titles and purposes of the documents aid in hinting when to do this – the majority are appropriate early on in the stages of your project.

Make sure to be clear and concise when providing the documents and proposing their use. It’s often useful to summarize each document for the benefit of the client, to explain that there are no loopholes or hidden terms, that you’ll give them ample time to review the documents, and that you’re open to suggestions for any changes. To discourage changes and save time, simply mention that these are standard documents and agreements that are commonly used in the industry and your other projects.

Above all, be clear that the purpose is to protect both the client and yourself from any unknown problems or situations that may arise. This project is both their baby and yours, and the documentation provides it a shield so it can grow into completion properly and on schedule. (Okay maybe don’t go too far with the baby metaphor but you get the idea). Some clients can be nervous about contracts and

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