What happens if the customer is not happy with the website?
The template web design agreement includes a short-form acceptance procedure. During the acceptance period defined in the agreement, the customer must test the website for compliance with the specification and for defects. If any non-compliance or defects are found, the designer or design company has a further specified period to remedy the problems. If the website still does not conform to specification or exhibits defects after this, then the designer or design company may be in breach of contract.
How are the different classes of IPR subsisting in websites treated?
The IPR in the website is divided into three main classes: rights in the website owned by the designer or design company, third party rights, and rights in works supplied by the customer.
The customer is responsible for securing rights in those works it supplies.
Third party rights may be licensed to the customer under the relevant licensor’s standard terms and conditions for online use or on whatever license terms are notified to the customer.
The balance of the rights may either: (a) be licensed to the customer; or (b) be the subject of a mixed license and assignment, under which pre-existing rights (e.g. in style sheets adapted for the website) remain with the designer or design company and are licensed to the customer, whilst new rights arising after the agreement has been entered into are assigned to the customer.
Does the contract include a template for a technical specification of a website?
No. However, a skeleton highlighting the key elements of a specification for the purposes of the contract is included in the schedule.
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