Who is interested in the contract on the site, look here: The contract is clever , The contract is simple (deleted by the author).

This topic is about a more rare situation when before the actual project you need to do TK, and this is a big and serious work. She needs a contract and a price.

Why is this even necessary?

If the subject of the contract for the creation of a site is defined fairly accurately, you can enter into one contract and work quietly, while the TK (if you write it at all) will be its integral part. If the customer is in thought, or you are not inclined to trust him, you can start with a trial contract - write a ToR. Both of you will be convinced of the adequacy of the interlocutor, and the design stage will not be exactly blurry.
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What are the difficulties?

Price . We usually accept that the price of the TZ (not to be confused with technical, draft and other types of documents) costs 10% -15% of the contract price. You can determine the price of a contract by setting limits on functionality. Depending on the degree of elaboration, the price may be less (for strategic plans) or more (if you write a detailed TK "to the comma")

Acceptance criterion . How to determine that the work is done? After all, the quality of the TZ, the presence and completeness of certain formal descriptions is a rather subjective parameter. Therefore, I recommend before starting work to show examples of those documents that you have already written or that seem to be an example to you. Make sure that from the customer there is a person who can understand the technical details that will inevitably be in the TK.

Timing . Feel free to multiply the term of writing the TK, what would it be if the customer sat at the next table by 5. They will think you will change plans and decisions, new functional and logical features will arise. If I know what writing will take a day and a half, I write 15 working days in the contract (I have a lot of other work, I’m laying a bigger margin). And the risk does not meet - a huge one.
Formally TK can be written in accordance with GOST 19.201-78 or GOST 34.602-89. Links will not give. Many people know who should - will find. However, I would strongly advise not to do so. Among the PM in our organization there were several people who did just that. A lot of water, a lot of show off in front of the customer, a little sense and feeling that there’s nothing to read. Therefore, to refer to GOST in the contract will not work, but it would be good.

The organization of interaction . TK cannot be written in two conversations: the first with the signing of the contract, the second with the delivery of the TZ. And between them: "Well, I went to write you TK." Not serious. Really have to meet 2-5 times a week. If you are not going to meet, invite competent aunts, think and strain - TK will not.

Responsibility . The risks are great. Almost as great as when creating a website. Therefore, I propose in such a contract to take a 100% prepayment and prescribe the amount of non-refundable money that you insure (direct costs) at least 30%. This will allow the employer to create the feeling that he has already given the money, now we need to make this clever person do more, and not to give his descent. And that’s what you need.

Contract with comments

Agreement on the development of technical specifications for the creation of a WEB-site № ___ AI / 08
City
"__" _________ 2008

Limited Liability Company "##########", hereinafter referred to as the "Contractor" represented by ######################### #######, acting on the basis of ##############, on the one hand, and _______________________________________________ hereinafter referred to as the "Customer", represented by _________________________________________, acting on the basis of ____________, on the other Parties, collectively referred to as the Parties, have entered into this Agreement as follows:

Standard. Comments - in the first link of this topic.

1. The Subject of the Agreement
The Contractor undertakes to perform on the instructions of the Customer, and the Customer undertakes to accept and pay for the following work:
1.1. Development of technical specifications (hereinafter - TZ) for the development of graphic elements and software designed for the design and placement on the Internet of the Customer’s materials (hereinafter referred to as the Site) according to the table of contents listed in clause 1.2.
The composition and functionality of the site must comply with the list of functional elements listed in paragraph 1.3.

The subject matter of the contract is very important.
The link to the table of contents ensures that you do not begin to demand too much, and you discipline in preparing for work.
The link to the list of modules is essentially a very brief TZ (it is not always easy to write it, but it insures you against projecting risks until blue in the face). At the same time helps to estimate the cost.

1.2. Terms of Reference should contain requirements for the implementation of the site, in two aspects: design development and user functionality. TK should contain the following items:

Color Requirements
Stylistic requirements
Description of the target audience
The list and brief characteristics of sites, the style and design of which can serve as examples
Site structure requirements
Site data structure
The composition and structure of all the various pages of the site
Description of user scripts on the site
Description of requirements for control panel features

Items put your own. Here is just an example.

1.3. The functionality and requirements for design solutions for site creation, which should be described in the ToR, are limited to the following list of elements:

Individual development of static design
The system of managing groups, users, rights to visit and edit sections
System for creating and editing text pages using a visual editor and html-code
news feed
Site search with regard to Russian morphology
The composition of the commissions in the form of a tape with the import system from the official site
Question-answer with the form "ask a question"
Archive materials with calendar and AJAX-navigation
Sitemap (automatic hierarchical tree building)
Tag cloud (search engine for keywords assigned to materials)
Personal blog (1 user)
Registration and Authorization
RSS export
Ability to comment on news, articles, results, photos with mat filter and pre-moderation for selected users

Modules can also be called anything. It is important that their name is clear to the lawyer and the director, and the explanations give an idea of ​​the restrictions. Again, very disciplined.

2. Terms of payment and contract price
2.1. Payment under this Agreement is made one-time, in the form of an advance payment, with an advance payment of 100% of the total amount of the agreement.
2.2. The price of the Agreement is determined equal to the NUMBER (CALCULATIONS) rubles.
2.3. The receipt of payment is the transfer of funds to the account or deposit in the cashier of the Contractor.
2.4. The Parties acknowledge that the execution of works by the Contractor entails the bearing of transport costs, payment of communications, overhead costs and other costs, the amount of which is 30% of the contract price. These costs must be compensated to the Contractor upon termination of the contract for any reason.

100% prepayment is optional. But take the prepayment.
Clause 2.4. rather slippery, but if there is a signature under it, then you have a great chance to keep the specified amount legally.

3. The procedure and deadlines for the fulfillment of obligations
3.1. The Contractor proceeds to perform the Works from the moment of receipt of the prepayment. After signing the contract, receipt of payment, and providing by the Customer in full the necessary information and materials sufficient for the Contractor to carry out works in accordance with the Contract, the Contractor within 15 working days forms the Terms of Reference for the development of the site and provides it to the Customer. The customer within 2 working days forms his comments on the technical specifications in writing and within 5 working days the Parties come to a compromise.
3.2. In case of inadequate compliance with the deadlines for the fulfillment of obligations under paragraph 3.1, the guilty party pays the other party a penalty in accordance with paragraph 5.2.

Clause 3.1. can and should be seriously worked out by you to correspond to reality. You can discuss the approval of a detailed table of contents and a separate list of applications (possibly with references to standards, such as UML) /
Paragraph 4 as a whole can be taken from the site creation agreement by adding the following to the section “Customer”:

To hold working meetings on its territory with the involvement of all responsible persons by agreement with the Contractor at least 3 times per working week.

Formally, of course, you will not force him to cooperate, he will want to - he will turn away, but you need to enter.
Territory and frequency can be any.

5. Responsibility of the parties
5.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties shall be liable under the laws of the Russian Federation, subject to the conditions established by this Agreement.
5.2. In case of untimely provision by the Customer in full of the necessary documentation, materials and information in electronic form, which prevents the execution of works under the Contract, the Customer pays for the Contractor idle time in the amount of 0.1% of the total cost of the work suspended due to the fault of the Customer for each day of downtime.
5.3. Payment of the penalty does not exempt the parties from the fulfillment of obligations or elimination of violations.
5.4. In the event that one of the parties fails to fulfill or improperly fulfill their obligations under this Agreement, the guilty party reimburses the other party losses in the amount of 0.1% of the total contract value for each working day of delay.

5.2. and 5.4. give you some formal control over tightening. For example, you can safely add to the term of the project so many days, not how many meetings were actually postponed.
Items 6-11 are taken entirely from the site creation agreement .

Summary
The design contract (pre-project inspection) has less formal force than the other contracts. If cooperation does not develop, you will not achieve your goal with formal methods. However, everything must be done in order to stipulate in advance the composition and price of work, the order of interaction and the timing.

UPD. For some reason, the people who published their contracts subsequently deleted the files. Now there are no direct links.
If you have good or simple examples and it is not a pity for the people - let us know in the comments, I will add to the topic.