How to prescribe the nuances of the contract when creating a site?

Question

Freelance

Good day colleagues.
The essence of the problem:
There is a standard contract for the creation of the site. It spells out the main points, like: a list of works and their deadlines, the contractor promises to do it on time, the customer promises to pay in full, etc.
Well, generally typical.
But he is missing. With the last few clients, the following difficulties arose:
- The customer checks for a very long time (up to several months)
- The customer does not provide content for a very long time. (also up to six months. And this is not about large SEO of the text, but about some kind of contact information, a couple of photos, etc.)
- The customer asks to redo the same little thing 50 times (some kind of nonsense, like changing 2 words, but for a very long time and on the same page. This is an example)
- The customer did not explain what he wanted, he said do it on your own discretion and at first was pleased with everything. Then he connected another inspector and immediately didn’t like everything: redo everything anew and for free. (Of course, each stage of work is sent for verification, and only after approval do we move on.)
- The customer asks to add a rather serious functionality that was not discussed and, accordingly, was not calculated in the price. The client does not want to pay.
Well, everything like that ...
In principle, we are slowly trying to write down these points and add them to the contract.
But maybe colleagues with more experience have some kind of contract forms, where all these nuances are spelled out or discussed?
Or some examples so that we could look at the very essence and add (or give a lawyer what he would add) these are the nuances.
For understanding: we are talking about ordinary sites for small / medium businesses. Without any react, angular, etc. Typical online stores on the vukomesra, corporate websites, articles, etc.
Also interested in:let's say we prescribed that the customer must provide content or check the work within a certain period, but he does not. What steps to take next if all attempts to explain this to him with reference to the contract are useless? Let's say the standard 50% prepayment by the client has been made, all the work has been done, it remains to deliver the content from the customer, but it still doesn't exist. Have you experienced this and if so, how did you solve it?
Thanks everyone in advance for your replies!
p.s I am glad that most of the clients are adequate and there are no problems with them :)

Answer 1

Here is an article in which there is an example of a contract with a description of clauses that are similar to yours

Answer 2

work only on 100% prepayment.
Then the customer will already customize you, and not freeze ...
However, 50% is enough, usually
on the points
"- The customer checks for a very long time (up to several months)
we enter something like "the customer must sign an act of completed work or submit claims no later than 3 (three) days after the issuance of the certificate of completion"
"- The customer does not provide content for a very long time. (also up to six months. And this is not about large SEO of the text, but about some kind of contact information, a couple of photos, etc.) "
the same garbage. All terms fit into the contract, force majeure is negotiated, subject to the agreement of the parties
"- The customer asks to redo the same little thing 50 times (some kind of nonsense, like changing 2 words, but for a very long time and on the same page. This is an example)" is
a difficult question and the most difficult to prove. The only option is that everything is under the protocol of disagreements, or whatever it is legally correct.
"- The customer did not explain what he wanted, he said do it at your discretion and at first he was pleased with everything. Then he connected another inspector and immediately didn’t like everything: redo everything anew and for free. (Naturally, each stage of work is thrown off for verification and only after approval we go next.)"
At this stage, usually, the customer is sent to arbitration. After that, as a rule, he sobers up a little and it is already possible to negotiate with him. Somehow in this case, received payment for 3 sites,
"- The customer asks to add a rather serious functionality that was not discussed and, accordingly, was not calculated in the price. The customer does not want to pay extra."
everything is just "Read the TK agreed with you."
And finally. All these gestures make sense in the presence of a familiar / lured lawyer who ate a dog in arbitration. And even in this case, the money will be knocked out for a very long time.
PS. don't work with assholes.
P.P.S. I almost forgot. Show everything to the customer on your hosting. signed the certificate of completion - you can transfer to it. However, I waited for confirmation from the bank about the receipt of funds.

Answer 3

It is necessary to prescribe all typical situations - clearly the obligations of the client and the consequences of non-fulfillment.
For example, the consequence may be the termination of work with the retention of the advance. Or a fine. Or stop work. Decide what is convenient for you and make a condition in the contract: "In case of failure to provide the documents and (or) information specified in clause
... what order the information is exchanged. No need to explain - in case
of violation of the deadline, you will have to send a message that you have not received the information and documents established by the Treaty. Please provide it within such and such a period.
And so on for each situation.
But this is subject to advance payment. Otherwise, you will demand money in court for unfulfilled work and prove that you did not do it through the fault of the customer. It is clear that this is very difficult.
By the way, 100% advance will not save. The customer may demand a refund if you refuse to complete. And it will be necessary to prove that the work complies with the TOR and is not completed due to the fault of the Customer. It is for this - "write letters" and write down technical specifications in detail

Answer 4

Get a lawyer. Describe to him all the "pitfalls" that you met. He will make you a blank. It is not expensive.

Answer 5

I had a web studio and a bunch of clients. The grandmas also liked to get bogged down and arrange a cash breaker even, such a segment of the audience.
I drafted a contract with a lawyer for long nights and still it is raw =) although it is already written here that if the client has paid, he agrees to everything. Another option is to take an advance payment, all this can cause serious problems in business development and nerves =) It happens that even grandmas are asked back, but in the digital direction it is very difficult to prove that you are guilty =)
As far as possible, I was wiser about payment, the number of iterations of the provision of services and everyone else
Here is my contract https://simple-star.ru/dogovor-offerta/

Answer 6

What are your nuances? Maybe they should start with? In general, in part 1, describe all the terminology and meanings, and in the second, operate with them. And everything should be as clear and accessible as possible.

Answer 7

Not a single correct answer ...)))
Your problem is that at the stage of concluding a contract you cannot normally agree on the subject of the contract with the customer.
You do the work, the result of the work is a website (if we talk about the front, then a set of HTML, CSS, JS files, etc.) and all this must somehow interact with each other (draw the page, add functionality to it, interact with the backend), and all this "how to interact with each other" is the subject of the contract (description of the result) and must be agreed with the client.
In order to agree, you need to describe it in a form (for example, in the form of a TOR), but many will object ... we are artists, everything is dynamic with us, it can change and be supplemented, we do not write any TOR, we sign Briefs ... then it’s not necessary whine)))
The solution is simple, break the project into stages, describe these stages in the general lists in the TOR, break the cost into stages and close them with acts.
For each intermediate stage, before its implementation, write an appendix to the TOR and approve it with the customer.
Then the acceptance of the result will be carried out with the customer in accordance with the TOR, and there will be no unnecessary questions, and if there are, you can say "see TOR".
Any work is carried out in accordance with the requirements of the customer, the requirements must be formulated and agreed upon, if litigation arises, the courts and experts evaluate the compliance of the result with the requirements, and if there are no requirements, then there is nothing to evaluate ... the subject is not agreed, the work is not completed.
PS. To help you, a lawyer must understand how development is carried out, at least (in relation to the front-end) understand what HTML, CSS, JS is and how it interacts with each other and what it is for, and without this you will still be written contracts that do not protect in any way neither your interests nor your rights...