What Belongs in a Web Design Contract — Key Clauses

A web design contract is not a formality. It is the document that determines what happens when the project runs long, the client wants a seventh round of revisions, or payment stops halfway through. Every clause serves a purpose, and leaving one out creates ambiguity that someone will eventually exploit — usually by accident, but the result is the same.

Scope of work

The scope clause is the single most important part of a web design contract. It defines exactly what you are delivering: the number of pages, the features included, the devices supported, the content management system, the third-party integrations and the deliverables such as design files, source code and documentation.

A vague scope is the root of most disputes. If the contract says "website redesign" without listing pages, the client can reasonably expect every page on their existing site to be redesigned. If you intended to redesign the five main pages and template the rest, the contract needs to say that.

The scope should also list what is excluded. E-commerce functionality, membership systems, custom development and content migration are common items that clients assume are included but often are not. Explicit exclusions prevent scope creep before it starts.

Payment schedule and amounts

Payment terms should be specific and conditional on milestones, not calendar dates. A typical structure is a deposit of 30 to 50 percent on signing, a mid-project payment on design approval and the balance before launch. Tying payments to approval events protects both sides: the client pays for completed work and the designer gets paid before delivering the final product.

The contract should also state the currency, late payment penalties and the grace period before penalties apply. In Bahrain, contracts denominated in Bahraini dinars (BD) avoid exchange-rate ambiguity. A common late fee is 1.5 percent per month on overdue amounts.

Expenses are another area that needs clarity. Third-party costs such as stock photography, premium plugins, SSL certificates and domain registrations should be itemised separately from design fees and either billed at cost or marked up at an agreed percentage.

Revision process and limits

Unlimited revisions sound client-friendly but are a recipe for stalled projects. A contract should specify the number of revision rounds included in the quoted price — typically two or three — and define what constitutes a revision versus a change that falls outside the original scope.

A revision is a reasonable adjustment to an approved deliverable. A change that adds new pages, features or content types is a scope change and should trigger a separate quote. The contract should require change requests in writing and specify how the designer will price and timeline them.

The revision window matters too. If the client takes three weeks to review a deliverable, the project stalls. A clause requiring feedback within five to ten business days keeps the timeline realistic.

Intellectual property ownership

IP ownership is the clause that causes the most surprises. The default position under many legal systems is that the designer retains copyright unless the contract explicitly transfers it. A web design contract should state clearly that full ownership of the finished website — design, code, content and assets created specifically for the project — transfers to the client upon full payment.

The designer should retain a licence to display the work in their portfolio and to use non-identifying elements in future projects. The client should warrant that any content, images or branding they provide do not infringe third-party copyright.

For third-party components — open-source frameworks, licensed plugins, stock images — the contract should clarify that the licence transfers to the client or that the client must purchase their own licence if ongoing use requires one.

Confidentiality

A confidentiality clause protects both sides. The designer may see the client's business data, customer lists, pricing and strategy. The client may see the designer's processes, pricing and proprietary tools. The clause should define what counts as confidential information, how long the obligation lasts and what exceptions apply — for example, information already public or independently developed.

For most web design projects, a mutual confidentiality clause with a two-to-three-year term is appropriate. Longer terms are needed when the project involves trade secrets or proprietary algorithms.

Termination

Termination clauses cover two scenarios: termination for convenience and termination for breach. Termination for convenience allows either party to end the project with written notice, typically 14 to 30 days. The client pays for work completed up to that point, and the designer delivers whatever work the client has paid for.

Termination for breach covers non-payment, failure to deliver, material breach of the contract terms and insolvency. The non-breaching party should have the right to terminate immediately after a cure period — usually 7 to 14 days — during which the breach can be fixed.

The termination clause should also state what happens to the website if the project is cancelled mid-way. The client should own any completed and paid-for work, and the designer should be compensated for work in progress.

Dispute resolution

Litigation is expensive and slow. A dispute resolution clause should specify a step process: negotiation between the parties first, then mediation with a neutral third party, and finally arbitration or litigation if mediation fails. Each step should have a time limit to prevent one party from dragging the process out.

The clause should also state the governing law and jurisdiction. For projects in Bahrain, Bahraini law and the courts of Manama are the natural choice. If the client or designer is based elsewhere, consider whether arbitration under the Bahrain Chamber for Dispute Resolution is more practical than court proceedings.

What to watch for

Three red flags deserve special attention. The first is a contract written by one side that gives all the protections to them and none to you. If the client's contract includes unlimited revisions, no late payment penalties and ownership of all intellectual property from day one — including your pre-existing tools — that is unbalanced and should be negotiated.

The second is a contract that uses vague language around deliverables. Phrases like "best efforts" and "reasonable endeavours" create uncertainty. Prefer specific commitments: "deliver three wireframe options within ten business days of sign-off."

The third is a contract that does not address ongoing maintenance. Web design projects do not end at launch. The contract should clarify whether the designer provides post-launch support, for how long and at what rate. Many disputes arise from the assumption that the designer will fix issues forever without additional payment.