Head of real estate and commercial law practice
Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.
Design Services Agreement
The contractor and the customer conclude a contract for the provision of services, including design services, to take into account all the features of cooperation, establish basic obligations and take into account ways to resolve disputes that may arise between them in the future. A contract for the provision of design services, as a civil law agreement, must meet a number of legislative requirements and focus not only on the main agreements, but also on specific issues (in particular, resolving the issue of transferring property rights to the work created as a result of the provision of design services). We will talk about all this in more detail in the article.
Design services: what is the main list?
First of all, let’s define what design services we can talk about. Designers cover a wide range of activities, working in both the field of UI/UX design and interior planning. Given this, their main services will look like this:
- development of the visual appearance, structure, interface of websites;
- creation of a logo, guidelines for the corresponding brand;
- design of layouts for printed products (business cards, booklets, catalogs, posters);
- development of visual materials for advertising campaigns;
- design of the appearance of interior and exterior elements;
- creation of models of clothing, shoes, accessories, and others.
How to prepare a contract for the provision of design services?
It is worth emphasizing that the main requirements for a contract for the provision of relevant services are contained in Articles 901-907 of the Civil Code of Ukraine. Therefore, taking them into account and taking into account the main nuances of interaction between the customer and the designer, it is possible to single out the main provisions that should be reflected in the contract for the provision of design services:
- first, a clear definition of the services (subject). For example, developing a website layout, planning the interior of an apartment, etc.;
- second, determining the procedure for performing the work. For example, the designer performs the work personally, but also has the opportunity to involve other persons;
- third, the cost and procedure for paying for design services. In particular, the contract can prescribe clauses on prepayment, payment in installments or in full upon completion of the work; indicate who covers additional costs for printing, purchasing materials, etc.;
- fourth, the terms of execution (of each stage of work);
- finally, the liability of the parties for violating the terms of the contract. The relevant agreement should provide for penalties for the violator, a fine, the possibility of its early termination due to systematic violations of the agreements; take into account the procedure for settling disputes in pre-trial and judicial proceedings.
The rights and obligations of the designer under the contract for the provision of design services
Despite the fact that contracts may be different, taking into account the agreements of the parties between themselves, they should not limit the basic rights of the designer, in particular:
- receiving payment for his work;
- receiving the necessary information from the customer within the specified time limits;
- extending the deadlines for the implementation of a specific project if the customer delays the provision of the necessary materials;
- involving other specialists to perform part of the work (with the customer’s consent);
- refusing to perform the work in the event of the customer’s violation of his rights or agreements between them, respectively.
Moreover, the designer must also comply with a whole list of obligations. These include timely and high-quality performance of work (in accordance with the technical specifications), transfer of the finished result in an agreed format, ensuring confidentiality, eliminating shortcomings that arose through his fault, etc. To learn more, we recommend ordering a consultation with our contract lawyer.
How to properly resolve copyright issues in a contract for the provision of design services?
The issue of copyright to an object created by a designer can be resolved in various ways, each with its own advantages and disadvantages. Among them, the following should be highlighted:
- a direct indication in the main contract (it is better to describe a separate section on intellectual property rights, defining the procedure for disposing of property rights to the work);
- developing an additional agreement to the main contract on the transfer of property rights to the copyright object to the customer (concluded in the same form as the agreement);
- signing a separate agreement on the disposal of property rights to the work.
Development of a contract for the provision of design services: what services does a lawyer from our company provide?
A lawyer for contracts from our company, having the appropriate experience and qualifications, can provide the following services to interested clients:
- consultations on the requirements for such agreements, the specifics of their settlement;
- legal analysis of a ready-made contract for the provision of design services (to identify and correct its shortcomings);
- creation of a draft contract between the parties;
- development of an additional agreement on the settlement of intellectual property issues;
- preparation of annexes to the main contract (in particular, a technical task for the designer);
- negotiation with the counterparty when concluding a contract or resolving a dispute;
- filing a lawsuit or application with the court to protect the interests of the party (for example, to collect a debt for payment for the designer’s services, unilateral termination of the contract).
Our lawyer’s services will be useful not only for concluding a contract for the provision of design services, but also for resolving disputes with the counterparty after its signing. To find out the cost of a lawyer’s services, fill out the form below.
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