contracts for wordpress projects

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CONTRACTS FOR WORDPRESS PROJECTS Heather Burns WordCamp Edinburgh 21 November 2015

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Page 1: Contracts for WordPress projects

CONTRACTS FOR WORDPRESS PROJECTS Heather BurnsWordCamp Edinburgh21 November 2015

Page 2: Contracts for WordPress projects

Who am I? Creating web sites since 1997 Full time web designer since 2007 Postgraduate certification in internet law and policy 2015 Now focusing on digital law for the web profession NOT A LAWYER

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Keep in touch http://webdevlaw.uk @webdevlawWeb law blog http://idea15.wordpress.com Monthly e-newsletter http://eepurl.com/by4T7L

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What is a contract for?What is your business relationship?What are you doing?When are you doing it?When do they pay you?What happens if things go wrong?

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Do you need a written contract? Under English and Scottish business law, a written contract is not explicitly required A “contract” can be an email, a text message, or a verbal agreement That said, working without a written contract is like cycling without a helmet A contract dispute becomes an exhausting and expensive matter for a judge to sort out Nae contract horror story

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1. Authorisation

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2. Direction and control

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Direction and control: IR35 “Disguised employment” Often used by IT contractors There may be an crackdown announced in George Osborne’s autumn statement on Wednesday Guide to IR35

Indicators of disguised employment: Contract specifies days, times/hours, and location Contractor is offered workplace benefits in the contract Contract forbids contractor from taking on other employment Contractor is named in an organisational chart

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3. Sole agreement

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4. Confidentiality

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5. Scope of work

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6. Content

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7. Assignment of project

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8. Web hosting and domain registrations

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9. Completion date

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10. Maintenance

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11. Legal

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Legal CYAsYour cannot guarantee that any web site will be error-freeYou will fix any mutually acknowledged errors without costYou are not responsible for any damages or financial losses the company incurs

There is an increased hourly rate for repairs required by unauthorised access to source files State the jurisdiction of any legal action (e.g. your nearest Sheriff Court) Nothing in the project will violate the laws of your country, the host’s country, or the client’s country

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12. Copyright of content

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13. Copyright of web site

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Assignment of copyright UK law changed in 2014 “The owner of a commissioned design will now be the designer and not the commissioner unless a contract states otherwise” “If a work is created by an employee in the course of their employment, the employer is the owner of the copyright” Third party materials remain the copyright of their creators Download IPO guidance

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14. Abandonment of project

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15. Payment schedule

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Beware of troublemakersA strong contract will protect you from these clients: “What does this button do” “Just think up something and we’ll get some money out to you” “I had my brother in law take a look at the site” “I had another developer take a look at the site” “I know a little bit about WordPress”

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Questions?(I am not a lawyer)

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What a year!

Thank you, WordPress community!