Reflections on the web studio, the customer and the contract
In general, frankly, for any designer, web programmer or layout designer, I am engaged in the absolute parasite. My task is basically to write an agreement on the development of the site; then, in which case, correct it. Because of this, perhaps some of the details of the process elude my gaze. (I don’t exclude the possibility that they are large ones as well.) But this look also turns out to be more pure, not clouded by the everyday “web-studio life”.
Therefore, the following can be considered primarily as the reasoning of the customer. And this, I think, any studio is important. I'll start with the obvious. So…
The contract is really not just a piece of paper. But for many ... I’ll honestly say - a very, very contradictory view of his role.
')
What is a contract for? Well ... In general, there are a lot of functions: it determines the order and time of work, the price, the order of transfer of rights, regulates the interaction (its forms and types) ... But first of all it guarantees that neither of the parties will throw the other. For this there is a chapter “Responsibility of the parties”, for example.
But here is a commonplace example. (And, quite real. Found on Ineta.)
I understand what the author of the contract wanted to say: before going to court, the customer and the contractor try to agree. But immediately, as a lawyer, two questions arise: how to find out that it is impossible to come to an agreement; What document should this be confirmed? And the same will ask the court. ( upd. 01/27/2011. Of course, the court does not have such a duty; it is even likely that he will take advantage of this, that is, he will not ask; but the probability of this is not 100%. ) And in the end: because of the crookedly worded clause the contract will then have to prove that you have the right to file a claim at all. And there are a lot of such things! (By the way, Artemy Lebedev’s studio also has a similar feature in the contract template, but it is formulated somewhat differently, and therefore the consequences will be completely different.)
Imagine that the customer is a hospital. She has the most advanced equipment, she cures almost all ... In short, as a market participant, you can call her a real professional. In the treatment of patients. For a site the representative of the hospital for some reason goes to you.
Similarly, the studio: no matter what it is a professional web studio, this professionalism does not add to her legal skills. Contracts must be lawyers .
Every customer is unique. I do not mean his habits, marital status, favorite facial expression and brand of car. Unique set of qualities that should determine the style of working with him.
Banal example. Your studio always gives the customer two design layouts. If he doesn't like both, his problems. It is reasonable when the client does not understand what he wants from the appearance of the site. And now let's imagine that an old-old such artist comes to you. And he says that he decided to make a website for himself so that he would have at least some memory of his descendants (all the paintings have already sold out).
Will you offer him the same conditions? If so, then you will be wrong: the artist can say that he does not like it. And if you made layouts that are criticized by the customer-artist, this is not his joint, but yours. That is why the standard scheme should not be used here.
In general, the above principle, above all else, splits into two important aspects.
Yes. This may seem absurd, but ideally this should be the case. The need to achieve it, of course, depends on the specific situation. But nevertheless, among the two approaches: “act on fish, and in exceptional cases change it” and “write each contract for an individual client, and in exceptional cases act on fish,” I recommend the second.
Sample terms are needed if you have a mass product. Mass means
1) fundamentally the same conditions;
2) low price;
=>
3) the mass conclusion of contracts.
In this case, indeed, it is wiser to offer the client to get acquainted with the proposal, if something does not suit, change or even send it to another website builder. But, in my opinion, the low price ends in the interval between 30 and 50 thousand rubles.
“Fish” is bad because conditions are like ... In fact, they are not offered, but imposed on the client. You must admit that it is easier to read complex text if you know what the author meant. But most often it happens differently.
Most studios simply shove a piece of paper to the customer: they say, read and write to us, if such a miracle happens, something will not suit you. After all, the customer is well aware: this is the usual working conditions of the studio, which he chose. From here it can draw two conclusions. The first conclusion: probably, since they constantly use this agreement, it is normal. The second conclusion: I'm just another (not a new) client.
Briefly about the difference. All customers in stores (even if one of them came for the first time) are regular. In their totality, they appear as a kind of faceless mass. Duty smile, duty "Hello!" And "Thank you for your purchase! Come to us again ”- just an attempt to smooth it out. All the same, the cash operator does not give a damn why you need a chupa chups: you take it yourself, your wife, mistress, child, or you are going to make an atomic bomb.
Of course, in the narrow-profile stores the situation is different: if the consultant sees your questioning glance a la “Hosspadiiii! And where is the stool ?! ”, he will come up and try to help. Here you can argue: the new or the next. But we must take into account two points. First, some consultants simply vtyuhivayu goods more expensive, if they do it (then another), although there are noble ones who can honestly admit that <stool with chocolate legs> is a frank g ..., although it is more expensive <stool with wooden legs> (then closer to the new); secondly, the contract is still the same for everyone. The latter is not a whim of the seller, but a requirement of the law. You can not sell the same stool for 500 rubles to your friends for 400, and enemies - for 780 rubles.
In the studio, the same approach, I repeat, is individual. Customers are individual. Conditions must also be individual.
How do I see the situation with the above
The system of working with the customer within the company is thought out in advance. ( upd. 01/27/2011. The word "inside" refers to the word "is thought out" ) A lawyer is necessarily involved in the discussions, who will then write the contract. When the system is all arranged - negotiations are held with the customer. First of all - on the system of work. On the content of the works in the second place. And, again, if that very lawyer participates in these negotiations, it is wonderful. The customer is invited to make suggestions (not whims; I think the difference is clear), perhaps - some of the above mentioned conditions should be changed, detailed or removed altogether. And after that the contract is made. It is sent to the customer (or, better, brought to the negotiations), where the parties sign everything they need.
Yes, I agree with those who accuse such a system of delaying time. (By the way, “the site is needed urgently urgently” is also an exceptional condition; then you can use a template agreement.) But it has two main advantages: the customer will remember your studio by giving him the opportunity not just to put a squiggle on some letter , and showed attention and acted with him as an equal. I think this also raises prestige quite well. In addition, the customer will actually understand all the designs set forth in the contract, regardless of their degree of complexity.
If we combine 1 (“The contract is not just a piece of paper”) and 2 (“Each order is individual”), we should get something close to heading 3.
The main principle that needs to be applied here is very simple. The higher the price of the project - the more detailed the relationship of the parties . Here, of course, everything depends on the price of each inaccuracy.
Agree, if you take that example with pre-trial disputes and apply it to the site at the cost of 3,000 rubles, then ... Well, my God ... The parties will spit and disperse. And if a hundred times more money is at stake?
And that in court there were no situations like: “Proceeding from chapter <3. Final clauses>, from <3.5> we are discharged, because the contractor improperly fulfilled the obligation stipulated by paragraph <2.5>, and under <3.6> the contractor is also obliged to pay us all the losses: since the site was not transferred to us, losses amount to 300 thousand rubles of real damage and 2 million rubles of lost profits ", you just need to prescribe everything. All possible terms, requirements for documents, terms, responsibility, disputes ... In short, everything that is possible.
The only thing ... I am always happy when in the contracts (in the obligations of the parties) they write: "The parties must comply with the terms of this contract, as well as the legislation of the Russian Federation." I never understood why such an item is needed. He absolutely does not affect anything.
And of course, each such individual (non-sample) contract must be paid separately. In my opinion, the choice is for the customer: he can develop it himself; but better - let the studio do it. (And the studio, naturally, has a lawyer.) If the latter, then the price of the project increases by about three to five percent. Anyway, no more. Normal legal services (of which I exclude firms that will make you “any contract” for 2.5 thousand wooden ones) are about the same.
Summarizing all the above, once again I will concentrate on the main thing:
Perhaps the last is the opinion of me not as a potential customer, but as a lawyer. But as a customer, I find it quite reasonable. Especially if I have a choice: to act "as usual" or to be an individual.
Therefore, the following can be considered primarily as the reasoning of the customer. And this, I think, any studio is important. I'll start with the obvious. So…
1. The contract is not just a piece of paper.
The contract is really not just a piece of paper. But for many ... I’ll honestly say - a very, very contradictory view of his role.
')
What is a contract for? Well ... In general, there are a lot of functions: it determines the order and time of work, the price, the order of transfer of rights, regulates the interaction (its forms and types) ... But first of all it guarantees that neither of the parties will throw the other. For this there is a chapter “Responsibility of the parties”, for example.
But here is a commonplace example. (And, quite real. Found on Ineta.)
In case of disagreement, all issues are resolved through bilateral negotiations, and if it is impossible to reach agreement in the Moscow Arbitration Court.More about dispute resolution is not a word.
I understand what the author of the contract wanted to say: before going to court, the customer and the contractor try to agree. But immediately, as a lawyer, two questions arise: how to find out that it is impossible to come to an agreement; What document should this be confirmed? And the same will ask the court. ( upd. 01/27/2011. Of course, the court does not have such a duty; it is even likely that he will take advantage of this, that is, he will not ask; but the probability of this is not 100%. ) And in the end: because of the crookedly worded clause the contract will then have to prove that you have the right to file a claim at all. And there are a lot of such things! (By the way, Artemy Lebedev’s studio also has a similar feature in the contract template, but it is formulated somewhat differently, and therefore the consequences will be completely different.)
Imagine that the customer is a hospital. She has the most advanced equipment, she cures almost all ... In short, as a market participant, you can call her a real professional. In the treatment of patients. For a site the representative of the hospital for some reason goes to you.
Similarly, the studio: no matter what it is a professional web studio, this professionalism does not add to her legal skills. Contracts must be lawyers .
2. Each order is individual
Every customer is unique. I do not mean his habits, marital status, favorite facial expression and brand of car. Unique set of qualities that should determine the style of working with him.
Banal example. Your studio always gives the customer two design layouts. If he doesn't like both, his problems. It is reasonable when the client does not understand what he wants from the appearance of the site. And now let's imagine that an old-old such artist comes to you. And he says that he decided to make a website for himself so that he would have at least some memory of his descendants (all the paintings have already sold out).
Will you offer him the same conditions? If so, then you will be wrong: the artist can say that he does not like it. And if you made layouts that are criticized by the customer-artist, this is not his joint, but yours. That is why the standard scheme should not be used here.
In general, the above principle, above all else, splits into two important aspects.
New site - new contract
Yes. This may seem absurd, but ideally this should be the case. The need to achieve it, of course, depends on the specific situation. But nevertheless, among the two approaches: “act on fish, and in exceptional cases change it” and “write each contract for an individual client, and in exceptional cases act on fish,” I recommend the second.
Sample terms are needed if you have a mass product. Mass means
1) fundamentally the same conditions;
2) low price;
=>
3) the mass conclusion of contracts.
In this case, indeed, it is wiser to offer the client to get acquainted with the proposal, if something does not suit, change or even send it to another website builder. But, in my opinion, the low price ends in the interval between 30 and 50 thousand rubles.
“Fish” is bad because conditions are like ... In fact, they are not offered, but imposed on the client. You must admit that it is easier to read complex text if you know what the author meant. But most often it happens differently.
Terms of the contract need to discuss
Most studios simply shove a piece of paper to the customer: they say, read and write to us, if such a miracle happens, something will not suit you. After all, the customer is well aware: this is the usual working conditions of the studio, which he chose. From here it can draw two conclusions. The first conclusion: probably, since they constantly use this agreement, it is normal. The second conclusion: I'm just another (not a new) client.
Briefly about the difference. All customers in stores (even if one of them came for the first time) are regular. In their totality, they appear as a kind of faceless mass. Duty smile, duty "Hello!" And "Thank you for your purchase! Come to us again ”- just an attempt to smooth it out. All the same, the cash operator does not give a damn why you need a chupa chups: you take it yourself, your wife, mistress, child, or you are going to make an atomic bomb.
Of course, in the narrow-profile stores the situation is different: if the consultant sees your questioning glance a la “Hosspadiiii! And where is the stool ?! ”, he will come up and try to help. Here you can argue: the new or the next. But we must take into account two points. First, some consultants simply vtyuhivayu goods more expensive, if they do it (then another), although there are noble ones who can honestly admit that <stool with chocolate legs> is a frank g ..., although it is more expensive <stool with wooden legs> (then closer to the new); secondly, the contract is still the same for everyone. The latter is not a whim of the seller, but a requirement of the law. You can not sell the same stool for 500 rubles to your friends for 400, and enemies - for 780 rubles.
In the studio, the same approach, I repeat, is individual. Customers are individual. Conditions must also be individual.
How do I see the situation with the above
The system of working with the customer within the company is thought out in advance. ( upd. 01/27/2011. The word "inside" refers to the word "is thought out" ) A lawyer is necessarily involved in the discussions, who will then write the contract. When the system is all arranged - negotiations are held with the customer. First of all - on the system of work. On the content of the works in the second place. And, again, if that very lawyer participates in these negotiations, it is wonderful. The customer is invited to make suggestions (not whims; I think the difference is clear), perhaps - some of the above mentioned conditions should be changed, detailed or removed altogether. And after that the contract is made. It is sent to the customer (or, better, brought to the negotiations), where the parties sign everything they need.
Yes, I agree with those who accuse such a system of delaying time. (By the way, “the site is needed urgently urgently” is also an exceptional condition; then you can use a template agreement.) But it has two main advantages: the customer will remember your studio by giving him the opportunity not just to put a squiggle on some letter , and showed attention and acted with him as an equal. I think this also raises prestige quite well. In addition, the customer will actually understand all the designs set forth in the contract, regardless of their degree of complexity.
3. On the individuality of the contract
If we combine 1 (“The contract is not just a piece of paper”) and 2 (“Each order is individual”), we should get something close to heading 3.
The main principle that needs to be applied here is very simple. The higher the price of the project - the more detailed the relationship of the parties . Here, of course, everything depends on the price of each inaccuracy.
Agree, if you take that example with pre-trial disputes and apply it to the site at the cost of 3,000 rubles, then ... Well, my God ... The parties will spit and disperse. And if a hundred times more money is at stake?
And that in court there were no situations like: “Proceeding from chapter <3. Final clauses>, from <3.5> we are discharged, because the contractor improperly fulfilled the obligation stipulated by paragraph <2.5>, and under <3.6> the contractor is also obliged to pay us all the losses: since the site was not transferred to us, losses amount to 300 thousand rubles of real damage and 2 million rubles of lost profits ", you just need to prescribe everything. All possible terms, requirements for documents, terms, responsibility, disputes ... In short, everything that is possible.
The only thing ... I am always happy when in the contracts (in the obligations of the parties) they write: "The parties must comply with the terms of this contract, as well as the legislation of the Russian Federation." I never understood why such an item is needed. He absolutely does not affect anything.
And of course, each such individual (non-sample) contract must be paid separately. In my opinion, the choice is for the customer: he can develop it himself; but better - let the studio do it. (And the studio, naturally, has a lawyer.) If the latter, then the price of the project increases by about three to five percent. Anyway, no more. Normal legal services (of which I exclude firms that will make you “any contract” for 2.5 thousand wooden ones) are about the same.
So…
Summarizing all the above, once again I will concentrate on the main thing:
- the contract should be given special attention: and, more so, the greater the price of the project;
- the client should not impose, but offer the terms of cooperation with him (the situation by default), and in extreme cases - to give some sample solutions;
- the contract, as a rule, should be drawn up after negotiations are conducted;
- the more expensive the project, the more detailed (=> more expensive) the contract should be; the burden of costs is borne by the customer.
Perhaps the last is the opinion of me not as a potential customer, but as a lawyer. But as a customer, I find it quite reasonable. Especially if I have a choice: to act "as usual" or to be an individual.
Source: https://habr.com/ru/post/95975/
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