When you are drafting your Software and Website Development Agreement, it is extremely important to have clearly defined development phases with deadlines included. When you are having a website developed for your business it is important that you know when different parts of your website will be functional. Your development phases schedule can set out the expectations of both parties and what each party needs to contribute or do at each phase. Expectation management is important and can assist both parties in making the experience of working together a pleasurable one.

Development phases

It is important to have a clear development schedule so that both you and your developer know what the expectations are.

The development schedule should generally cover the following:

  • what services will be provided in each stage;
  • how long each stage will take and what the deadline is;
  • what milestones need to be met for the completion for one stage; and
  • if the developer is charging per stage of development, what the relevant fees are.

Delays and notifications

If a development schedule is set out in the Software and Website Development Agreement, there should also be a clause in the agreement dealing with delays. This clause should set out the process that needs to be followed if there is a delay. Generally, if the developer is aware that a particular development stage may take longer, and a deadline cannot be met, the developer has a responsibility to provide you with reasonable notice explaining reasons for the delay and a re-estimated date of completion.

On the other hand, if you have caused the delays, for example, by not providing the required content, images or other material, then you will be expected to agree a new deadline with the developer. The developer may also request that you may additional fees if you have provided incorrect or corrupt material which has caused significant delays in the process.

As delays are a common cause of dispute between customers and developers, it is very important that this clause is included so that each party understands their obligations and rights where deadlines are unable to be met.

Acceptance testing

When you are drafting your Software and Website Development Agreement, it is important to set out the procedure for acceptance testing at each stage of the development process.

Firstly, it needs to be clear how testing will be conducted. This is dependent on the type of software and website that is being developed, and needs to be agreed between you and your developer.

Secondly, the clause should set out what happens after the acceptance testing. Generally, if you are satisfied with the testing results, you will be required to notify the developer in writing within an agreed timeframe, confirming that you are satisfied, and the developer can then proceed to the next stage. On the other hand, if you are not satisfied with the testing results, you are also required to notify your developer and provide an opportunity to rectify this.

Finally, if you were not satisfied with testing results, and you have provided your developer with an opportunity to repair it, and you are still unsatisfied with the testing results at the next testing stage, you may want to cease all further development and terminate the agreement. If you want to have the right to do this, it should be clearly drafted in this clause.

If different stages of development require a different acceptance testing process, it might be a good idea to set this all out in the same schedule.

Conclusion

Having a clear development schedule which sets out phases, timing and specifications, and an acceptance testing clause which sets out exactly how testing will be conducted, will help avoid disputes down the track between you and your developer. If you require any legal assistance in the preparation of a detailed Software and Website Development Agreement, or if you have any other legal issues associated with intellectual property or information technology services, contact LegalVision today on 1300 544 755 and speak with one of our experienced contract lawyers. 

COVID-19 Business Survey
LegalVision is conducting a survey on the impact of COVID-19 for businesses across Australia. The survey takes 2 minutes to complete and all responses are anonymous. We would appreciate your input. Take the survey now.

About LegalVision: LegalVision is a tech-driven, full-service commercial law firm that uses technology to deliver a faster, better quality and more cost-effective client experience.

The majority of our clients are LVConnect members. By becoming a member, you can stay ahead of legal issues while staying on top of costs. For just $199 per month, membership unlocks unlimited lawyer consultations, faster turnaround times, free legal templates and members-only discounts.

Learn more about LVConnect

Need Legal Help? Get a Free Fixed-Fee Quote

If you would like to receive a free fixed-fee quote or get in touch with our team, fill out the form below.

  • By submitting this form, you agree to receive emails from LegalVision and can unsubscribe at any time. See our full Privacy Policy.
  • This field is for validation purposes and should be left unchanged.
Our Awards
  • 2019 Top 25 Startups - LinkedIn 2019 Top 25 Startups - LinkedIn
  • 2019 NewLaw Firm of the Year - Australian Law Awards 2019 NewLaw Firm of the Year - Australian Law Awards
  • 2020 Fastest Growing Law Firm - Financial Times APAC 500 2020 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review 2020 AFR Fast 100 List - Australian Financial Review
  • 2020 Law Firm of the Year Finalist - Australasian Law Awards 2020 Law Firm of the Year Finalist - Australasian Law Awards
  • Most Innovative Law Firm - 2019 Australasian Lawyer 2019 Most Innovative Firm - Australasian Lawyer
Privacy Policy Snapshot

We collect and store information about you. Let us explain why we do this.

What information do you collect?

We collect a range of data about you, including your contact details, legal issues and data on how you use our website.

How do you collect information?

We collect information over the phone, by email and through our website.

What do you do with this information?

We store and use your information to deliver you better legal services. This mostly involves communicating with you, marketing to you and occasionally sharing your information with our partners.

How do I contact you?

You can always see what data you’ve stored with us.

Questions, comments or complaints? Reach out on 1300 544 755 or email us at info@legalvision.com.au

View Privacy Policy