Terms & Conditions in Web Design: What Clients Need to Know Before It's Too Late
No contract protects you – if you don't know it.
Introduction
“Yes, I have read the terms and conditions and accept them.” – Who hasn't clicked past this without reading a single line? In everyday life, that's harmless. But when commissioning a web design project, it can have real consequences: financial, legal, and for the project itself.
This article explains what clients should look out for in web design terms and conditions – and which clauses cause the most problems in practice.
1. Deposits – and what happens if you cancel
Most professional web designers require a deposit before starting a project – typically 25% of the total project value. This is standard in the industry and legally permissible. What many clients don't realise: this deposit is generally non-refundable, even if work has barely begun.
The reason: upon signing the contract, the contractor already performs services – requirements analysis, project planning, capacity allocation, contract preparation. These are covered by the deposit. If the client cancels, the deposit stays with the contractor.
What this means:
If you commission a project and cancel without good reason, you lose the deposit. Putting a project on hold for weeks without written notice can be treated as implied termination under the terms and conditions.
2. Late payment – more expensive than you think
An invoice arrives and you plan to pay next month – common in business life. What many overlook: from the moment of default, legal consequences kick in automatically, without any reminder being required.
- →Late interest: In B2B, 9 percentage points above the base rate of the German Federal Bank (§ 288 para. 2 BGB). On an invoice of €5,000, this can quickly amount to several hundred euros per year.
- →Flat-rate fee: For business clients, an additional statutory flat fee of €40 per claim applies (§ 288 para. 5 BGB).
- →Work stoppage: The contractor is entitled to suspend all ongoing work until full payment is received – without any liability for resulting delays.
- →Withdrawal: With persistent non-payment, the contractor can set a deadline and then withdraw from the contract and claim damages. Work already completed remains billable.
Practical tip: Before starting a project, clarify how payment terms are structured in your service provider's T&Cs. 7 or 14 days after invoice receipt is standard – plan for this in your cash flow.
3. Usage rights – the underestimated trap
A common misconception: “I paid for the website, so it's mine.” Legally, it's not that simple. Copyright remains with the creator. What the client receives is a usage licence – and this only comes into effect after full payment.
Publishing a website before all invoices are paid can constitute copyright infringement. This can result in injunctions, damages claims, and contractual penalties.
Warning:
Source code, designs, and graphics are also protected by copyright. Passing them on to third parties or using them for purposes other than agreed requires explicit written consent from the contractor.
4. Cooperation duties – delays are your responsibility
A web design project is not a one-way street. The contractor can only deliver if the client provides content, images, access, and approvals on time. What many clients don't consider: if a project stalls due to missing client input, the contractor has the right to adjust deadlines – and may charge for additional work caused by the delay.
Furthermore, the client indemnifies the contractor against any third-party claims arising from content provided – for example, images used without a licence or texts with copyright issues.
Conclusion: Reading T&Cs pays off
Terms and conditions are not fine print to be ignored. They govern what happens when things don't go to plan – and that's exactly when you'll be glad you knew. Before any web design commission, clarify these questions:
- ✓How much is the deposit, and when is it due?
- ✓Is the deposit refundable if I cancel?
- ✓What payment terms apply, and what happens if I pay late?
- ✓When do usage rights transfer to me?
- ✓What counts as contract conclusion – email, signature, payment?
A reputable service provider will answer these questions openly and transparently – before the contract is signed.