I was recently contacted by an agency I’ve worked with on numerous projects. Their client had disappeared mid-project and had been in touch to ask about some tweaks on their new site.
Confused, the agency checked out the client’s site. The client had outsourced the completion of the work elsewhere, ripping off the design we had created. Not only this, but the client didn’t want to pay for the work as they hadn’t used it.
Without getting into the rights or wrongs of the client’s behaviour, it surprised me that the agency’s contract didn’t include clauses that protected them. The contract I use, based on Andy Clarke’s Contract Killer, has a couple of sections that would have strengthened this agency’s position.
Let’s look at the two clauses that could have prevented this happening.