You've found a web designer you want to work with. They've sent over a contract. Now what?
If you're like most small business owners, you'll skim it, maybe read a few sections, and sign it—hoping everything goes smoothly.
Here's the problem: a web design contract isn't just a formality. It's the document that determines who owns your website, what happens if things go wrong, how changes are handled, and whether you're protected if the designer disappears.
A good contract protects both sides. A bad contract can trap you in a situation where you've paid thousands of dollars but don't own your own website.
This guide explains exactly what should be in a web design contract from a client's perspective—not a designer's. We'll break down the essential sections, explain why each matters, and show you red flag clauses to reject before signing.
Why a Proper Contract Protects Your Business
Let's start with why this matters.
Without a clear contract, you have no leverage when:
- The designer misses deadlines
- The design doesn't match what was discussed
- Hidden costs appear
- You want to make changes after launch
- The designer tries to maintain ownership of your site
- Something goes wrong and you need legal recourse
A proper contract provides:
- Clarity on what you're paying for
- Legal protection if things go sideways
- Clear processes for revisions and changes
- Ownership guarantees for your website
- Defined timelines and milestones
- Mutual understanding of responsibilities
Think of the contract as the instruction manual for your working relationship. It should answer every "what if" question before problems arise.
The 10 Essential Contract Sections
Here's what every professional web design contract should include. If your contract is missing these sections, ask for them to be added before signing.
1. Scope of Work (Deliverables and Exclusions)
What this section should say: A detailed list of exactly what you're getting—and what's not included.
Good examples:
- "Website design and development for 7 pages: Home, About, Services, Service A, Service B, Service C, Contact"
- "Includes: custom design, mobile responsive layout, contact form, image gallery, content management system"
- "Excludes: copywriting, professional photography, logo design, ongoing maintenance"
Why it matters: This prevents scope creep and surprise costs. If it's not listed, it's not included. Both sides know exactly what's being delivered.
Red flags:
- Vague language like "website design services"
- No list of specific pages or features
- Phrases like "and any other needs that arise"
- Missing exclusions section
What to ask: "Can we add a specific list of page names and features to this section?"
2. Project Timeline and Milestones
What this section should say: A realistic timeline with specific milestones and approval points.
Good example:
Week 1-2: Discovery and planning
Week 3: Initial design concepts presented
Week 4: Design revisions and approval
Week 5-6: Development
Week 7: Client review and final revisions
Week 8: Launch
Why it matters: You need to know when to expect progress and when you need to provide feedback. This also protects you from endless delays.
Red flags:
- No timeline at all
- Only a final completion date with no milestones
- Unrealistic timeline (custom site in 1 week)
- No mention of client dependencies
What to ask: "Can we add specific dates for each milestone? What happens if the timeline is missed?"
For context on realistic timelines, see our guide on how long it takes to build a website.
3. Payment Terms and Schedule
What this section should say: Exactly how much you'll pay, when, and what triggers each payment.
Good example:
Total Project Cost: $8,500
- 30% ($2,550) due upon contract signing
- 40% ($3,400) due upon design approval
- 30% ($2,550) due before site launch
Payment methods: Bank transfer, credit card, check
Late payment: 5% penalty after 15 days
Why it matters: You need to plan cash flow and know exactly when payments are due. This also prevents surprise invoices.
Red flags:
- 100% payment upfront (huge red flag)
- Vague payment schedule
- No protection if work isn't satisfactory
- No refund policy if project is terminated early
- Final payment due before you can review the finished site
What to ask: "What happens if I'm not satisfied at a payment milestone? Is the final payment due before or after I review the completed site?"
Standard structure: Most reputable agencies charge 30-50% upfront, a middle payment at design approval, and final payment before or at launch. Never pay 100% before seeing anything.
See our article on website costs for typical pricing structures.
4. Revision Process and Limits
What this section should say: How many rounds of revisions are included and what counts as a revision vs. scope change.
Good example:
Included Revisions:
- Two rounds of design revisions
- One round of development revisions
- Minor text edits during review phase
Additional revisions beyond included rounds: $150/hour
Scope changes (adding new pages, features, or functionality not in original scope) will be quoted separately.
Why it matters: You need to know how changes are handled. Unlimited revisions sound good but lead to endless projects. No revisions mean you're stuck with what you get.
Red flags:
- "Unlimited revisions" with no structure
- Zero revisions included
- Vague definition of what counts as a revision
- Hourly fees for any change whatsoever
What to ask: "What exactly counts as a revision versus a scope change? Can you give me examples?"
5. Intellectual Property and Ownership Rights
This is the most important section in the entire contract.
What this section MUST say:
Upon final payment, the Client owns all intellectual property rights to the website design, code, content, and graphics created specifically for this project.
The Client will have full access to:
- Domain name (registered in Client's name)
- Hosting account (Client's account)
- Website source code and files
- All graphics and design elements
- Content management system login
The Designer may display the completed project in their portfolio.
Why it matters: This ensures YOU own your website after paying for it. Without this clause, the designer can legally hold your site hostage.
RED FLAGS - DO NOT SIGN if the contract says:
- "Designer retains ownership of all work"
- "Client licenses the design but does not own it"
- "Website may not be moved to another hosting provider"
- "Source code remains proprietary to Designer"
- Domain registered in designer's name
This is a dealbreaker: If they won't give you full ownership after final payment, walk away. Find someone else.
6. Client Responsibilities
What this section should say: What YOU need to provide for the project to move forward.
Good example:
Client will provide:
- Website content and copy for all pages by [date]
- Logo and brand assets by [date]
- Access to current website/hosting if applicable
- Timely feedback (within 5 business days of review requests)
- Final approval at each milestone
Delays in providing materials may impact project timeline.
Why it matters: This protects the designer from scope creep and ensures you understand your role. It also makes clear that YOUR delays impact the timeline.
What to look for:
- Reasonable deadlines for providing materials
- Clear definition of what you need to provide
- Acknowledgment that your delays affect timeline
7. Confidentiality Clause
What this section should say:
Both parties agree to keep confidential any proprietary business information, client data, or trade secrets shared during the project.
Why it matters: If you're sharing customer data, business strategies, or proprietary information, you need protection.
When to add it: If your project involves:
- Customer databases
- Proprietary business processes
- Financial information
- Business strategies or competitive info
8. Termination Conditions
What this section should say: What happens if either side wants to end the project early.
Good example:
Either party may terminate this contract with 10 days written notice.
If Client terminates:
- Client pays for all work completed to date
- Client receives all work completed in usable format
- No refund of deposit
If Designer terminates:
- Client receives all completed work
- Designer refunds payments for uncompleted milestones
Why it matters: Things don't always work out. You need to know what happens if the relationship sours.
Red flags:
- No termination clause at all
- Designer keeps all payments even if little work is done
- Client receives no work files upon termination
- Huge penalties for ending contract early
What to ask: "What exactly do I receive if we terminate the project halfway through?"
9. Warranties and Liability
What this section should say: What the designer guarantees and what they're not responsible for.
Good example:
Designer warrants that:
- Work will be performed professionally
- Website will function as specified for 30 days post-launch
- No copyrighted materials will be used without permission
Designer is not liable for:
- Issues caused by client modifications after launch
- Third-party service failures (hosting, plugins)
- Damages exceeding the total project cost
Bug fixes within 30 days of launch are included at no cost.
Why it matters: You need to know what happens if something breaks shortly after launch.
What to look for:
- Post-launch bug fix period (30-90 days is standard)
- Warranty that work will function as specified
- Reasonable limitations on liability
- Clear statement on copyright/licensing
10. Post-Launch Support Terms
What this section should say: What support is included after the site launches and what costs extra.
Good example:
Included post-launch support:
- 30 days of bug fixes and technical support
- 1 hour of training on how to use the CMS
- Documentation and user guides
Not included (available at $125/hour):
- Content updates
- New feature additions
- Design changes
- Ongoing maintenance
Optional monthly maintenance packages available starting at $200/month.
Why it matters: The site launch isn't the end—you'll need support. Know what's included and what you'll pay for.
What to look for:
- At least 30 days post-launch bug support
- Training on how to use your site
- Clear hourly rate for future changes
- Optional maintenance packages explained
Red Flag Clauses to Watch For
Here are specific contract clauses that should make you pause or walk away:
Ownership Restrictions After Payment
Red flag language:
- "Designer retains all rights to design and code"
- "Client receives non-exclusive license to use the website"
- "Website files remain property of Designer"
Why it's bad: You're paying for a website you'll never truly own. You're trapped.
What to demand: Full ownership transfer upon final payment.
Unlimited Scope Changes
Red flag language:
- "Client may request unlimited changes throughout the project"
- "Designer will accommodate all client requests"
Why it's bad: This sounds good for you, but it actually means the project will never end. The designer will get frustrated, cut corners, or inflate costs elsewhere.
What's better: Defined revisions with clear process for scope changes.
No Revision Allowances
Red flag language:
- "No revisions included after initial presentation"
- "All designs are considered final when presented"
- "Any changes requested will be billed at $200/hour"
Why it's bad: You're stuck with the first draft. Design is iterative—you need at least 1-2 rounds of revision.
What's better: At least two rounds of revisions included in base price.
Questions to Ask About the Contract
Before signing, ask these questions:
-
"If I'm not happy with the design after paying the deposit, can I get a refund?"
- Understand the refund policy before committing
-
"Will the domain and hosting be in my name?"
- Confirm ownership
-
"What happens if the project runs over the estimated timeline?"
- Know if there are penalties or if timeline is guaranteed
-
"Can I see examples of your past contracts?"
- Legitimate designers won't hesitate to share contract structure
-
"What happens if you go out of business or become unavailable?"
- Understand contingencies
-
"Do I get the source files and code?"
- Confirm full file access
-
"Can I take this contract to a lawyer before signing?"
- Good designers will say yes; sketchy ones will pressure you to sign immediately
What If the Designer Won't Provide a Contract?
If a designer refuses to provide a written contract or says "a handshake is good enough," DO NOT HIRE THEM.
This is one of the biggest red flags in our guide on warning signs when hiring web designers.
Why it's a dealbreaker:
- No legal protection if things go wrong
- No clear scope or deliverables
- No ownership guarantees
- No recourse for missed deadlines or poor work
Professional designers always use contracts. If they don't, they're either:
- Completely inexperienced
- Trying to avoid accountability
- Planning to take advantage of you
Find someone else.
Making Sure Your Contract Protects You
Here's your action plan:
Before Signing:
- Read the entire contract carefully (don't just skim)
- Make a checklist of the 10 essential sections and confirm they're all present
- Flag any red flag clauses and ask for changes
- Ask questions about anything unclear (ambiguity hurts you later)
- Consider having a lawyer review it if the project is over $10,000
- Request changes in writing before signing
What Good Designers Do:
- Welcome your questions about the contract
- Explain clauses in plain language
- Make reasonable changes you request
- Provide contract BEFORE requesting payment
- Give you time to review (not pressure to sign immediately)
What Bad Designers Do:
- Pressure you to sign immediately
- Get defensive when you ask questions
- Refuse to make any changes
- Hide important terms in fine print
- Start work before contract is signed
Ready to Work With Professionals Who Do This Right?
At MooseBase, we provide clear, client-friendly contracts that protect both sides. Every section is explained in plain language, ownership is explicitly granted to you, and we welcome questions before you sign.
We've worked with dozens of small businesses across the US, and we know how important it is to start the relationship with transparency and trust.
Next Steps:
- Download our [Web Design Contract Checklist] to bring to meetings (coming soon)
- Read our guide on questions to ask web designers before hiring
- Learn about red flags to watch for during the hiring process
- Compare agency vs freelancer options for your project
- Review our portfolio of work and see how we approach projects
- Get a free consultation to discuss your project and review our contract
No pressure, no hidden terms—just honest, professional web design done right.