As delivered at WordCamp Edinburgh on 21 November 2015.

1. CONTRACTS FOR
WORDPRESS PROJECTS
Heather Burns
WordCamp Edinburgh
21 November 2015

2. Who am I?
 Creating web sites since 1997
 Full time web designer since 2007
 Postgraduate certification in internet law and policy 2015
 Now focusing on digital law for the web profession
 NOT A LAWYER

3. Keep in touch
 http://webdevlaw.uk
 @webdevlaw
 Web law blog http://idea15.wordpress.com
 Monthly e-newsletter http://eepurl.com/by4T7L

4. What is a contract for?
 What is your business relationship?
 What are you doing?
 When are you doing it?
 When do they pay you?
 What happens if things go wrong?

5. Do you need a written contract?
 Under English and Scottish business law, a written contract is not
explicitly required
 A “contract” can be an email, a text message, or a verbal agreement
 That said, working without a written contract is like cycling without a
helmet
 A contract dispute becomes an exhausting and expensive matter for a
judge to sort out
 Nae contract horror story

6. 1. Authorisation

7. 2. Direction and control

8. Direction and control: IR35
 “Disguised employment”
 Often used by IT contractors
 There may be an crackdown
announced in George Osborne’s
autumn statement on
Wednesday
 Guide to IR35
Indicators of disguised employment:
 Contract specifies days,
times/hours, and location
 Contractor is offered workplace
benefits in the contract
 Contract forbids contractor from
taking on other employment
 Contractor is named in an
organisational chart

9. 3. Sole agreement

10. 4. Confidentiality

11. 5. Scope of work

12. 6. Content

13. 7. Assignment of project

14. 8.Web hosting and domain registrations

15. 9. Completion date

16. 10. Maintenance

17. 11. Legal

18. Legal CYAs
Your cannot guarantee that any
web site will be error-free
You will fix any mutually
acknowledged errors without
cost
You are not responsible for any
damages or financial losses the
company incurs
 There is an increased hourly rate for
repairs required by unauthorised
access to source files
 State the jurisdiction of any legal
action (e.g. your nearest Sheriff
Court)
 Nothing in the project will violate
the laws of your country, the host’s
country, or the client’s country

19. 12. Copyright of content

20. 13. Copyright of web site

21. Assignment of copyright
 UK law changed in 2014
 “The owner of a commissioned design will now be the designer
and not the commissioner unless a contract states otherwise”
 “If a work is created by an employee in the course of their
employment, the employer is the owner of the copyright”
 Third party materials remain the copyright of their creators
 Download IPO guidance

22. 14. Abandonment of project

23. 15. Payment schedule

24. Beware of troublemakers
A strong contract will protect you from these clients:
 “What does this button do”
 “Just think up something and we’ll get some money out to you”
 “I had my brother in law take a look at the site”
 “I had another developer take a look at the site”
 “I know a little bit about WordPress”

25. Questions?
(I am not a lawyer)

26. What a year!
Thank you,WordPress community!