Website / App Development Agreement
A development agreement protects both developer and client across the full project lifecycle — from scope definition through to acceptance and IP transfer.
What is a Website / App Development Agreement?
A website or app development agreement is a contract between a developer or development agency and a client for the design and build of a digital product. It covers the scope of the build, technical specifications, milestone-based payments, IP ownership, acceptance testing procedures, and ongoing support or maintenance obligations.
Development projects are particularly prone to scope disagreements — clients want more features, developers interpret requirements differently, and what 'done' looks like is rarely agreed upfront. A good development agreement reduces these disputes by creating a shared written record of scope, acceptance criteria, and the process for managing changes.
When do you need a Website / App Development Agreement?
- ✓Before starting any website or application development project
- ✓When taking on a significant digital product build for a client
- ✓When engaging a development agency to build a product for your business
- ✓Before receiving any deposit payment for a development project
Key provisions to include
Technical Scope
Features, pages, integrations, and platforms to be built — with explicit exclusions.
Specifications
Technical requirements, browser/device support, performance standards.
Milestone & Payment Schedule
Project phases, deliverables at each milestone, and payment tied to milestone completion.
Acceptance Testing
How the client tests and accepts deliverables, including the review period and criteria.
IP Ownership
Transfer of IP to client on final payment, with developer retaining background IP.
Change Management
Process and pricing for scope changes during development.
Warranties
Developer's warranty that the delivered product meets specification for a defined period post-launch.
Hosting & Maintenance
Ongoing hosting, maintenance, and support — included or separately priced.
Common mistakes to avoid
Vague scope — 'a website' or 'an app' without specific features, pages, and integrations defined
No acceptance testing process — leading to disputes about whether the deliverable meets the spec
Transferring IP before final payment, removing the developer's leverage for the final invoice
No change management process — meaning all feature additions must be absorbed in the original quote
Frequently asked questions
Who owns the code written by a freelance developer?
Under Australian copyright law, the developer owns the copyright in code they create, unless it is assigned by written agreement. A development agreement should include an explicit IP assignment provision that transfers copyright to the client on receipt of full payment. Without this, the developer retains ownership regardless of what was agreed verbally.
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