Website Graphic Developers: Contract Question

TekDragon

A website my company is developing is ready for the graphics stage. We're using GetAFreelancer and most of the process seems pretty cut and dry.

My question involves up-front payment and a contract.

We're about to accept a graphic developers bid. He expects 50% up front, which is fine (he made that clear early on, and we're happy with both his portfolio and his prior client satisfaction rate), but I want to make sure that we have a legal framework set up before transferring the money. What is the best way to proceed?

I understand you guys can't give official legal advice. I'm looking more for personal experience, suggestions, and any suggested resources I should look into.

In the meantime I'll be fumbling my way around Google. Hopefully I'll find something useful.

TekDragon

Not finding too much, although every semi-related article I'm finding is screaming at me to make sure we have the rights to everything.

GothicLargo

TekDragon wrote: »

Not finding too much, although every semi-related article I'm finding is screaming at me to make sure we have the rights to everything.

Yes.

In addition, one thing I've learned from staffing conventions is that you have to specify exactly in no uncertain terms what you want. It's a little different for interface graphics as opposed to cover or badge artwork but... if you want an illustrator file and don't specify it, you won't get it. If you want a png with alpha and don't say you want it, you'll get a jpg.

I recommend asking for his vector source files (be they illustrator or whatever he uses) in addition to your desired raster images.

TekDragon

Thank you, Gothic. Little tips like that are going to be very helpful.

Any suggestions on how we should do the contracting?

Pre-contract -> up-front payment -> full contract -> specifications

GothicLargo

TekDragon wrote: »

Thank you, Gothic. Little tips like that are going to be very helpful.

Any suggestions on how we should do the contracting?

Pre-contract -> up-front payment -> full contract -> specifications

Unfortunately I've never been involved in the payment side of things. But I would think you would probably need to make your specifications right up front in the process of negotiating.

TekDragon

GothicLargo wrote: »

TekDragon wrote: »

Thank you, Gothic. Little tips like that are going to be very helpful.

Any suggestions on how we should do the contracting?

Pre-contract -> up-front payment -> full contract -> specifications

Unfortunately I've never been involved in the payment side of things. But I would think you would probably need to make your specifications right up front in the process of negotiating.

Yeah, I'm actually working on them right now. Luckily we've been brainstorming everything we want for months. Now it's just time to put it all together logically while cutting out things that should probably wait for post-release development.

Jasconius

Typically in a scenario such as this, you receive a statement of work, that outlines in legalese the nature of the work, delivery dates, payment dates, and actual deliverables.

Also, MOST IMPORTANTLY, the rights to the content.

Some places will sell you graphics but they "own" the source material meaning that

A) You cannot obtain the source material to then bring in-house and make edits, which is bad if that person goes out of business or you want to hire another company to update your site

They can theoretically resell it to other people.

Secure. Rights. To. Your. Graphics. Demand. All. Source. Files. Prior. To. Final. Payment.

50% advance is pretty high for what is essentially an anonymous bid, but do what you gotta do.