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Web Developer Retainer Contract for the United States

Web Developer Retainer Contract Template for United States

A legally binding agreement governed by U.S. law that establishes an ongoing relationship between a web developer and client for the provision of regular web development services. The contract outlines the scope of work, payment terms, intellectual property rights, service levels, and other key terms that govern the retainer relationship. It includes provisions for both federal and state-specific requirements, particularly regarding data privacy, electronic signatures, and accessibility standards.

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Web Developer Retainer Contract

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What is a Web Developer Retainer Contract?

The Web Developer Retainer Contract is essential for businesses requiring consistent web development support. This agreement, governed by U.S. federal and state laws, establishes a long-term professional relationship where the developer provides ongoing services for a predetermined monthly fee. It covers crucial aspects including scope of work, intellectual property rights, payment terms, and service level expectations. The contract is particularly relevant in today's digital economy where businesses need regular website maintenance, updates, and development support. It provides legal protection for both parties while ensuring clear communication channels and expectations.

What sections should be included in a Web Developer Retainer Contract?

1. Parties: Identification and details of the developer and client

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of development services to be provided

5. Payment Terms: Retainer amount, payment schedule, and billing procedures

6. Term and Termination: Duration of agreement and termination conditions

7. Intellectual Property Rights: Ownership and transfer of created works

What sections are optional to include in a Web Developer Retainer Contract?

1. Service Level Agreement: Specific performance metrics and response times for larger projects requiring performance guarantees

2. Non-Compete Clause: Restrictions on working with competitors when dealing with sensitive industry information

3. Data Protection: Specific data handling and privacy requirements when handling personal or sensitive data

What schedules should be included in a Web Developer Retainer Contract?

1. Schedule A - Service Description: Detailed breakdown of development services and deliverables

2. Schedule B - Fee Schedule: Detailed pricing structure and payment terms

3. Schedule C - Project Timeline: Development milestones and delivery dates

4. Appendix 1 - Technical Requirements: Specific technical specifications and requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Cost

Free to use
Clauses


















Industries

Copyright Act: 17 U.S. Code governing intellectual property rights, protecting original works of authorship including software code and web designs

Digital Millennium Copyright Act (DMCA): Federal law addressing copyright issues specific to digital content and online material

State Privacy Laws: Various state-specific privacy regulations, such as CCPA in California, governing the collection and handling of personal data

CAN-SPAM Act: Federal law establishing requirements for commercial email and messages, relevant if email marketing features are included

COPPA: Children's Online Privacy Protection Act governing the collection of data from children under 13

Fair Labor Standards Act: Federal law establishing standards for employment relationships, important for contractor classification

State Independent Contractor Laws: State-specific regulations governing independent contractor relationships and classifications

ESIGN Act: Electronic Signatures in Global and National Commerce Act providing legal framework for electronic signatures and records

UETA: Uniform Electronic Transactions Act providing consistent state-level rules for electronic signatures and records

Americans with Disabilities Act: Federal law requiring websites to be accessible to persons with disabilities

Section 508: Federal requirement for electronic and information technology accessibility, particularly relevant for government-related projects

FTC Regulations: Federal Trade Commission regulations governing fair business practices and consumer protection

State Data Breach Laws: State-specific requirements for handling and reporting data breaches and security incidents

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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