What things do I need to be legally safe when operating my web design site?

I already have a privacy policy.

depends on what you are doing or selling.
If you are creating sites for financial institutions you need more legalese than you would for building sites for your local garage.

Talk to a lawyer.

It's just going to be basic static XHTML/CSS sites.

Also, I'm a kid, I don't know any lawyers lol

OK, kid. No problem. Can you be a bit more descriptive about your site. Private Policy should be sufficient, but a Terms & Conditoins will keep you safe.

Hi. You should be more specific. Are you going to sell anything? If yes, you should register yourself as company or authonomous entepreneur in order to pay taxes. Are you going to have users with their passwords and private data? Then you shoyld have a privacy policy. But actually for starting a website you don't need much. It'll be enough with a contact email adress, and here in Spain your NIF numbre (Social Security Number in the US).

My two cents

I guess you guys didn't quite catch the end of the last sentence...

...my web design site?


Also, it's only static HTML/CSS page design, so we will keep in contact via email... No sign up required.

I'll be using Paypal as the payment gateway.

I will be registering if this shows as being profitable.

Originally Posted by Madman340

It's just going to be basic static XHTML/CSS sites.

It's not what it is, but who it is for that is the crucial point.
Some people are all to quick to bring legal action for even the smallest point, and you need to protect yourself from someone deciding you didn't deliver what you promised.

Originally Posted by Madman340

Also, it's only static HTML/CSS page design, so we will keep in contact via email... No sign up required.

I'll be using Paypal as the payment gateway.

I will be registering if this shows as being profitable.

Any time you are taking money for services you need some form of contract.

A contract? Just saying you agree to the terms of service?

So as simple as a checkbox next to a ToS will do then?

Possibly, Provide it determines what you will provide and often more importantly what you DON'T provide and the client has agreed to these terms in a form that you can provide in case of a dispute.

Simply having the ToS on a page and a checkbox will NOT legally prove that the client was aware of any restrictions or limitations of your service. So a dispute would come down to who can afford the best lawyer.

Would something like "By checking this box, you agree to all of the terms in the Terms of Service"
suffice?

Also, what more could I have to detract legal issues? (Besides a contract of course)


To help you understand my situation more:

I will be having 3 custom web design options. (Bronze, Silver, and Gold)
They will cost (for the time being) $499, $749, and $999, respectively.

I am going to be reselling these designs on another website where people can buy them. (again, but for less since it's already made)

Would something like "By checking this box, you agree to all of the terms in the Terms of Service" suffice?

In many cases it probably would.

But what YOU need to remember is that it is a business and unless you approach it in a professional, businesslike manner how do you expect your clients to treat you in a similar fashion?

Clients are often more confident of you if you send them a contract to sign and return even if it is digitally.

Would that not require them to have a fax machine or scanner though?

What would I do in the situations that they don't have the required hardware?


I'd like to be as presentable as possible when I contact my future clients, and if a contract will secure me legally I will definitely do it.

snail mail

email the documents as PDFs

When you gain a bit more experience you will be able to tell which clients need pinning to a contract and which don't. And always, always have a contract for the ones that are a bit vague about what they want, because whatever you deliver will never be quite right.

So what you are saying is I should include within the contract that should I arrive at a final product that they don't think is 'quite right', that it isn't my fault, but their own for not specifying well enough?

Not worded as such but essentially correct.

Something like:

"[company] will endeavour to meet a clients instructions for the design and layout of [website] provided the instructions are clear and concise. If the client instruction are unclear or open to interpretation, [company] reserves the right to request payment for modifications that require changes that are above and beyond cosmetic"

You then of course define what you consider cosmetic elsewhere in the document.

"covering your a$$" is all about defining exactly what you will and won't do.

So when a client suggests, "It needs to be ermmm? funky" or "I want it to be modern, but retro" at least you can bill them when they decide that your idea of "funky" doesn't match theirs.

I think I will have a default email to send them with things such as "Any examples of what you want the site to look like" and "color schemes" and "any overall style and layout of theme in mind?" etc.

That will hopefully cover all of the bases, and then the contract will cover my a$$ from any other issues. =)

Thanks Chris, you're a big help.