Website build agreement template for England and Wales
A website build agreement drafted under the law of England and Wales. Below: what it is usually called here, what the legislation says, and the governing-law clause this draft prints.
What is a website build agreement called in England and Wales?
In England and Wales this is usually called a website development agreement (or web design contract).
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Lex drafts it in Plain English beside the legal wording. Share one link; both sides agree and sign.
What changes under the law of England and Wales?
Developers commonly cap liability at the fees paid. Under UCTA, any limit on negligence liability must be reasonable and cannot cover death or personal injury, so caps are usually drafted with those carve-outs.
Liability for death or personal injury caused by negligence cannot be excluded or restricted by a contract term; other negligence liability can be limited only so far as the term is reasonable. Consumer contracts are carved out to the Consumer Rights Act 2015, whose s.31 lists liabilities a trader cannot exclude in contracts for goods.
Statutory interest on late payment of commercial debts is set by order under the Late Payment of Commercial Debts (Interest) Act 1998; gov.uk states the rate as 8% plus the Bank of England base rate.
In England and Wales, an electronic signature is admissible in evidence on any question about the authenticity or integrity of a communication or data.
This agreement and any dispute arising out of or in connection with it are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction.
In Plain English: if there is a dispute, the law of England and Wales decides what the contract means, and the named courts hear it. It does not say this is the right choice for you; that depends on where the parties are and what they agree.
The other clauses, in Plain English
Legal wording · example
1Acceptance
The Client shall test the Website within [10] working days of notice that it is ready and either accept it or list defects. Silence after that period counts as acceptance.
In Plain English
The client has a set time to test and flag problems; if they say nothing, the site counts as accepted.
Legal wording · example
2Ownership
On payment in full, the Developer assigns to the Client all rights in the bespoke design and code. Third-party components remain subject to their own licences.
In Plain English
Once paid, the client owns the custom design and code. Plugins and libraries stay under their own licences.
The Developer will fix defects reported within [30] days of launch at no charge. After that, support is provided at [rate].
In Plain English
Bugs found in the first month after launch are fixed free; later support is paid.
Frequently asked questions
Can a web developer cap their liability?
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Commonly, yes. UCTA 1977 s.2 sets the limits: no exclusion for death or personal injury from negligence, and other negligence limits only so far as reasonable.
Can I charge interest if the invoice is paid late?
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Between businesses, statutory interest is available under the Late Payment of Commercial Debts (Interest) Act 1998. gov.uk states the rate as 8% plus the Bank of England base rate. A contract can also set its own rate.
Can a website development agreement be signed electronically in England?
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Usually, yes. An electronic signature is admissible in evidence (Electronic Communications Act 2000 s.7), and the Law Commission's 2019 report says it is capable of executing a document where the signer intends to authenticate it. A website development agreement is commonly a simple contract, not a deed, so no witness is needed.