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A Website Design and Development Agreement sets out the terms when you hire someone to create your website in Switzerland. It covers key details like design specs, functionality requirements, project timeline, and payment terms between you (the client) and the web developer or agency.

Under Swiss contract law, this agreement protects both parties by clearly defining intellectual property rights, hosting responsibilities, and maintenance obligations. It also addresses important compliance requirements like data protection under FADP (Swiss Federal Act on Data Protection) and outlines what happens if technical issues or disputes arise during development.

Use a Website Design and Development Agreement before starting any web development project in Switzerland, especially when working with external developers or agencies. This agreement becomes essential when commissioning business-critical websites, e-commerce platforms, or custom web applications where specific functionality and timelines matter.

The agreement proves particularly valuable for projects involving sensitive data handling, complex integrations, or substantial budgets. Swiss companies need it to ensure GDPR and FADP compliance, protect intellectual property rights, and establish clear maintenance and support expectations. Having this agreement in place helps prevent scope creep and provides legal recourse if development issues arise.

• Basic Design Agreement: Covers simple website creation with standard features, hosting, and maintenance terms - ideal for small business websites
• E-commerce Development Agreement: Includes additional provisions for payment processing, inventory management, and Swiss consumer protection compliance
• Custom Web Application Agreement: Focuses on complex functionality, API integrations, and specialized technical requirements
• Maintenance-Focused Agreement: Emphasizes ongoing support, updates, and security compliance with Swiss data protection standards
• Multi-Phase Development Agreement: Structures website creation in distinct stages with separate deliverables and payment milestones

• Web Development Agencies: Create and sign Website Design and Development Agreements to outline their services, deliverables, and technical specifications
• Business Owners: Commission websites and negotiate terms as clients, ensuring their requirements and brand vision are protected
• Corporate Legal Teams: Review and modify agreements to ensure compliance with Swiss data protection laws and corporate policies
• IT Project Managers: Oversee implementation and manage deliverables according to agreement milestones
• Freelance Developers: Use these agreements when providing independent web development services to Swiss clients

• Project Scope: Document detailed website requirements, features, functionalities, and expected delivery timeline
• Technical Specifications: List hosting requirements, programming languages, security measures, and integration needs
• Budget Details: Outline payment terms, milestone payments, and additional cost provisions for changes
• Data Protection: Identify Swiss FADP compliance requirements and necessary data handling procedures
• Maintenance Terms: Define post-launch support, update schedules, and response times for technical issues
• IP Rights: Clarify ownership of code, content, and design elements

• Party Details: Full legal names, addresses, and contact information of developer and client
• Project Scope: Detailed description of deliverables, features, and technical specifications
• Payment Terms: Price, payment schedule, and conditions for additional charges
• Delivery Timeline: Project phases, milestones, and completion dates
• Intellectual Property: Clear ownership assignment of code, design elements, and content
• Data Protection: FADP compliance measures and data handling procedures
• Liability Provisions: Limitation of liability and warranty terms under Swiss law
• Dispute Resolution: Jurisdiction, applicable law, and conflict resolution process

A Website Design and Development Agreement differs significantly from a Software Development Agreement in several key aspects, though both involve creating digital products. Understanding these differences helps you choose the right agreement for your project in Switzerland.

• Project Scope: Website agreements focus on visual design, content management, and web functionality, while software agreements cover standalone applications, complex systems, or specialized programs
• Delivery Format: Website agreements typically involve browser-based solutions and hosting services, whereas software agreements deal with installable programs or enterprise systems
• Technical Requirements: Website agreements emphasize design elements, user experience, and content updates, while software agreements focus on system architecture, backend processing, and integration capabilities
• Maintenance Terms: Website agreements usually include ongoing hosting and content updates, whereas software agreements focus on bug fixes, version updates, and system compatibility