Website Design Agreement Template

In plain language: Identifies the designer or agency and the client as legal entities, names the project, and records the date the agreement takes effect.

Common mistake: Using a trade name or personal name instead of the registered legal entity name — this can make it difficult to enforce payment or IP rights against the correct party.

In plain language: Lists every specific deliverable the designer will produce, formats to be provided (e.g., Figma files, PSD, live HTML), and what is explicitly excluded from the engagement.

Common mistake: Defining deliverables only in broad terms like 'a full website' — without specifying page count, formats, and exclusions, every omission becomes a scope dispute.

In plain language: Sets the start date, defines each project phase with a deadline, and identifies which milestones trigger the next phase or a payment.

Common mistake: Setting deadlines without a feedback turnaround requirement — if the client takes three weeks to review, the designer's milestone dates become unenforceable.

In plain language: States the total project fee, the deposit required before work begins, each milestone payment amount and trigger, and the interest rate applied to overdue balances.

Common mistake: Requiring no deposit before starting work — without a deposit, the designer bears the full financial risk if the client cancels or becomes unresponsive after work has begun.

In plain language: Defines how many rounds of revisions are included in the fixed price, what constitutes a revision versus a new scope item, and how additional changes are priced.

Common mistake: Not defining what counts as a revision — clients routinely treat a complete redesign request as a 'minor tweak,' and without a written definition the designer has no contractual basis to bill extra.

In plain language: States who owns the final design files after delivery, when ownership transfers (typically upon full payment), and what license — if any — the designer retains for portfolio use.

Common mistake: Assigning IP before full payment is received — once the client owns the files, the designer has no leverage to collect an outstanding balance.

In plain language: Clarifies that the client is responsible for providing content, images, brand assets, and access credentials on time, and that the client warrants it owns or has rights to everything it supplies.

Common mistake: Omitting a client warranty on supplied content — if the client provides stock photos without a proper license, the designer may face infringement liability without this clause.

In plain language: Prohibits both parties from disclosing the other's confidential business information — including unreleased designs, pricing, and client business strategy — to third parties.

Common mistake: Making confidentiality one-directional — clients may share sensitive business plans or product roadmaps that deserve equal protection, yet many template clauses only protect the client.

In plain language: Caps the designer's total financial exposure at the fees paid under the contract and disclaims liability for indirect losses such as lost revenue or data loss.

Common mistake: No limitation of liability at all — without a cap, a client could theoretically claim lost business revenue as damages from a delayed website launch, exposing the designer to claims far exceeding the project fee.

In plain language: States the conditions under which either party can terminate the agreement, the notice required, what the designer keeps for work completed, and the kill fee owed if the client cancels mid-project.

Common mistake: No kill fee provision — without one, a client who cancels after 80% of the work is done owes only the milestone payments already triggered, leaving the designer significantly undercompensated for time spent.

A website design agreement is a legally binding contract between a web designer or agency and a client that governs a website design engagement. It defines the scope of work, deliverables, payment schedule, revision process, intellectual property ownership, confidentiality, and termination rights. It protects both parties by creating clear, enforceable expectations before any work begins.

At minimum, a website design agreement should cover the full scope of deliverables with explicit exclusions, project timeline with milestone dates, fee schedule with a deposit requirement, number of revision rounds included, IP assignment tied to full payment, client content obligations, a kill fee for client cancellations, limitation of liability, and governing law. Missing any of these typically results in disputes over scope, payment, or ownership.

Ownership depends entirely on what the contract says. In most professional agreements, the client receives full ownership of the final deliverables upon full payment, while the designer retains ownership of preliminary concepts, unused designs, and proprietary tools. Without an explicit IP assignment clause, copyright defaults to the creator — meaning the designer retains ownership even after the client pays, in most jurisdictions.

A kill fee is a predetermined payment the client owes if they cancel the project after work has begun. It compensates the designer for time and resources already invested. Kill fees are typically set at 25–50% of the remaining unpaid project balance and are triggered immediately upon written notice of cancellation. Without a kill fee, a late-stage cancellation can leave the designer significantly undercompensated.

Two rounds of revisions per major deliverable is the industry standard for fixed-price web design projects. Each round should be clearly defined as changes within the original approved concept, not a redesign from scratch. Changes that alter the agreed scope should be handled through a separately priced change-order process. Defining revisions precisely in the contract is more important than the number you choose.

For standard project-based engagements under $10,000 between parties in the same jurisdiction, a professionally drafted template is generally sufficient. Consider engaging a lawyer for projects over $25,000, engagements that involve significant IP (such as a proprietary platform or app), cross-border work where jurisdiction is unclear, or any situation where the client insists on using their own contract instead of yours.

If the contract includes an IP assignment tied to full payment, the designer retains ownership of the deliverables until paid, which provides meaningful leverage. Practical enforcement options include a formal demand letter referencing the contract, filing in small claims court for disputes within the jurisdictional limit (typically $5,000–$25,000 depending on the state or province), or engaging a collections attorney. A signed contract with a clear payment schedule is the foundation for any successful collection effort.

A signed agreement is generally enforceable regardless of the parties' locations, provided it includes a governing law and jurisdiction clause specifying which country's or state's courts will handle disputes. International enforcement is more complex and costly, so consider requiring a larger deposit for international clients and specifying a jurisdiction that is practical for you to litigate in if necessary.

A website design agreement covers the visual and UX design deliverables — wireframes, mockups, style guides, and graphic assets. A web development agreement covers the coding, database, and functional build of the site. Many projects require both: the design agreement governs Phase 1 and the development agreement governs Phase 2. Some agencies use a single combined digital services agreement that covers both phases in a single document.