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cirega2018-05-10 19:54:09
Law in IT
cirega, 2018-05-10 19:54:09

Is it possible to break the creation of the site into three contracts with the client?

Good afternoon, I'm going to open a studio, register an individual entrepreneur, here is such a question, in order to reduce the risks for myself, is it possible to break the process of creating a site into three stages with separate contracts. That is, they estimated the total time and budget, and for each stage separately (design, layout, programming), for each their own contract and payment, that is, completely separate projects are obtained, as it were. This is so that this does not happen if the programmer fails, the deadlines are screwed up and the client wants to return the entire amount, and I have already issued the salary to the designer and layout designer, and all the work will be lost.

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6 answer(s)
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CityCat4, 2018-05-10
@CityCat4

Theoretically it is possible, no one interferes. Not counting the three-time fuss with the approvals and signing of three contracts. But the client will immediately have the idea that you are trying to shift part of your work to ... him can let you down and insure against it.
If I were a client, I would send you ... to Sochi, and I myself would go look for another.

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Puma Thailand, 2018-05-10
@opium

You get fucked up with these treaties

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Mikhail Tumanov, 2018-05-10
@mtumanov

This is not a technical but a legal issue.
And you need to ask the lawyers and not here.
How are three different contracts different from three stages of one contract?
The stage of the contract is closed, the act is signed by the customer, the work is accepted - what can be the claims?
Payment for the accepted and closed stage is non-refundable.
IMHO there is no difference what to challenge in court - three different contracts or three stages of one contract, but this already has to go to lawyers, and here are techies.
But as a customer, I would not sign such an agreement with three stages - why do I need design and layout if there is no website.
And even more so, I would not conclude three different contracts - there are three times more fuss with approvals.

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aderes, 2018-05-11
@de-iure

you are digging a hole for yourself ...
all three contracts follow the same goal, the result should be one product, if one contract is not executed due to the fault of the contractor, the result of the other two will have no value for the client, because the final result will not be achieved, in addition, you most likely will not be able to complete them and hand them over to the client, he will also need to sign acts ... an unplowed field for a lawyer who will fuck your brain with three separate lawsuits and examinations at your expense ...
you can do everything with one contract, break it down into stages with an advance payment for each, close it with acts, limit the client’s right to terminate (repudiate) the contract unilaterally, limit the amount of your liability and come up with many other frills, and everything will be compact and beautiful ...

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Pavel, 2018-05-27
@SelectVim

Did you directly give the designer a salary, or did you have him under a civil law contract (freelancer)? Payroll is more difficult. But in general, no one forbids prescribing that the prepayment amount is not refundable. Or prescribe the procedure for confirming your expenses, which in any case are not refundable. Another thing is that if the contract was terminated through your fault, a good lawyer will be able to challenge such "leaving money" at home. However, a good lawyer will challenge the scheme with three contracts - no one prevents the court from recognizing them as one. The law does not require that one piece of paper is one contract. The purpose of the three contracts, and the economic value of the customer will be the same.

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