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Referencing the documents

Once the documents are in place, you can feel free to reference them throughout the project – and doing so often grounds your discussions and objectives, providing efficiency and timeliness. Refer to the work order when discussing features with your client, the subcontract when asking for revisions from a subcontractor, and confidentiality agreements when assuring a skittish company that their secrets are safe with you.

Storing the documents

It is extremely important that both you and the client store the document correctly and safely. First, make sure that each of you have the latest version and that there are copies of the signed version (or two original signed copies). Store electronic versions on your computer and on backup drives, and then print off several copies and file them. Be sure to store at least one copy off-site in the case of disaster at your office or home. No matter how many hard drives or printed copies you have, if they’re all in the same place and something goes terribly wrong, you could be out of luck.

Enforcement

So what happens when it all goes to downhill? Your client refuses to pay, the project gets terminated after hours of work, or they disappear entirely. That’s when these documents can financially save your life. Their very purpose is to guard against wrongdoing or violation, as well as to settle any conflicts that may arise. However, it’s important to go about this in a smart way.

Trouble

If you come into conflict with a client regarding an issue that has been contractually documented, simply refer to the document as you deem necessary in your communication. It’s up to your discretion how forceful you want to be, but the reality is that these documents are legally binding – they’re designed to make it so that on these issues no one has a choice to violate the terms without a whole world of time, money, and trouble.

Big trouble

If things really go south, provide your client with another copy of the document and highlight the area which they have violated. Always remain polite and completely calm in each of your communications – the law is on your side and there is no sense in escalating a conflict needlessly with emotions.

Thankfully I have not reached this level of conflict with a client, but I would suggest the following. First, make more copies of the contract and store them in a variety of places. Second, review the contract and the area which has been violated to be absolutely certain what has happened and why it is wrong. Third, document all facets of the issue – save emails, record dates and times of correspondence, and the like. Fourth, speak with a lawyer to determine your next course of action. In the end there will most likely be self-resolution, arbitration or mediation, out-of-court settlement, or a trial in claims court. Beyond these recommendations it becomes a localized issue depending on the country in which you perform business.

Tips

1. Read over the documents carefully during the creation process, and again each time you use them to be certain that all of the terms are in place and that they each make sense for the current project.

2. Put on your financial hat and run through all of your documents to make sure that it is clear how much you’ll be getting paid, when you’ll be getting the funds, and what happens if you don’t.

3. Think in terms of dates and deadlines, combing through to determine what commitments you have made and schedule accordingly. Also be sure that you’ve protected yourself from any unforeseen events that may delay a project, or from responsibilities that are on the client’s end.

4. Make sure that it is clear first when the contract is solidified and the project has begun, and second at what point the contract ends or can be terminated. The opening and closing of a contract should be precise and very clear to both parties.

Lessons from Corporate Web Design

Web design can take place in a variety of