Website Contracts: Which Clauses Small Businesses Should Check

Which services must a website contract list?

The key point is not the attractive price on page one, but the actual scope. “Professional website” is too vague. A good contract lists number of pages, languages, design work, copywriting, image editing, contact forms, blog, booking, shop, legal pages, technical setup and training.

Under German § 631 BGB, a contractor in a work contract owes the agreed work and the customer owes payment. For a website, the result should be describable: homepage plus five subpages, mobile layout, contact form, imprint and privacy links, admin access handover.

• define number and type of pages
• assign texts, images, logo, translations and revision rounds
• name forms, tracking, cookie banner, SEO basics and email sending
• record timeline, customer duties and contacts

Who owns the domain, access data and hosting?

The domain should normally be registered to your company, not to the agency or freelancer. Otherwise a future provider change can become unnecessarily difficult. Check who owns the domain, who controls DNS and whether you receive the AuthInfo code and all access data if needed.

Hosting also matters. Some contracts bundle website, domain, email and hosting. That can be fine, but it must be transparent: where are the site and backups stored, is SSL included, who manages email, and what happens when the contract ends?

Which usage rights for design, text and code do you need?

Many customers assume that paid means fully owned. Under copyright law, this is not automatic. German § 31 UrhG allows usage rights to be simple or exclusive and limited by territory, time or content. The contract should say whether you may use, edit and move design, texts, images, icons and source code permanently for your business website.

For software and custom code, clarify who may make changes. § 69c UrhG covers acts requiring consent for computer programs, including reproduction and adaptation. At minimum, list what is handed over, what may be edited and which third-party licences for themes, plugins, stock photos or fonts are included.

• permanent use for your own website
• editing by a future provider
• document licences for images, fonts, themes and plugins
• define handover of files, exports and access data

How should acceptance, defects and revisions work?

Acceptance is a critical moment in website projects. From that point, the work is generally treated as accepted, so open issues should be documented. The contract should explain when a test version is provided, how many revision rounds are included, how feedback is submitted and when acceptance is deemed complete.

Under § 633 BGB, the work must be free of material and legal defects. § 634 BGB describes customer rights in case of defects, including supplementary performance, reduction or withdrawal under the relevant conditions. A simple acceptance checklist helps: mobile view, speed, forms, imprint, privacy policy, SSL, navigation, content and browser testing.

Which term, cancellation and renewal rules are fair?

Website contracts may be one-off projects, maintenance contracts or subscription models. The important part is that term, cancellation period and automatic renewal are understandable. Watch for long lock-ins, unclear price changes or narrow cancellation windows. For German work contracts, § 648 BGB is relevant: the customer may cancel before completion, but the contractor may generally claim the agreed fee minus saved expenses; the law presumes 5 percent for the not-yet-performed part.

A subscription can make sense for small firms when creation, hosting, maintenance and a contact person are included. The monthly service must be clear. At bezahlbare-webseite.de, Starter is €79/month, Business €149/month and Premium €299/month; add-ons such as SEO from €69, Ads from €149, shop plus €249 or booking plus €149 are ordered transparently.

Where do hidden website costs appear?

Extra costs often come from gaps, not from one dramatic clause. Who writes the texts? Are stock photos included? Does every small change cost extra? What about plugin licences, backups, security updates, mailboxes, multilingual pages, legal texts or migration at the end of the contract?

Ask for the pricing logic: what is included, what is billed by time and which hourly rate applies. Concrete examples make offers comparable: new subpage, team photo update, additional form, domain move, backup restore.

• hourly rate for additional work
• hosting, domain, SSL and email costs
• licences for plugins, fonts and images
• backup, update, restore and emergency prices
• data export or provider-change fees

Which checklist helps before signing?

Before signing, review the contract as a business owner: do I understand what I get, what I pay, what belongs to me and how I can leave? If several answers are unclear, ask for corrections.

Handover rules are especially important. You do not need every technical file every day, but in a serious case domain, content, backups and access must be available. A reliable provider will put this in writing.

• make scope and revision rounds specific
• record domain owner and access data
• check usage rights and licences
• clarify acceptance and defect handling
• understand term, cancellation and extra costs