Many website contracts drafted by designers, agencies, or freelancers tend to protect their interests more than those of the client. If you’re about to invest thousands of euros in a new site, it’s essential to know what should be in writing — and what red flags to avoid — before you sign.
It’s worth noting that many excellent designers deliver real value for money and create high-quality websites. However, there are also companies and individuals who take shortcuts, have limited experience, and pass off cheap templates as their own work — often at premium prices. The key is knowing how to tell the difference before you commit.
Why contracts matter
A clear, balanced contract protects both sides. For clients, it ensures you get what you paid for: ownership of your website, fair pricing, and performance standards. For designers, it clarifies scope and prevents disputes. Without the right clauses, many businesses end up with slow, bloated sites they don’t fully own — despite paying premium prices. For example, some clients may find themselves paying for updates or features that were promised verbally but never delivered in writing.
The Consumer Rights Act 2022 has specific provisions for "digital services contracts,". It states that the service provided must be in conformity with the contract. This means the service must match the description and quality agreed upon in the contract. If your contract specified a fast-loading, bespoke, secure, and fully functional website but you received one with poor code, slow performance, and a "long snag list" then the designer is in breach of these terms and it leaves you in a strong position of when it comes to remedies and recourse.
Clauses you should insist on
Scope of work: The contract should spell out the number of pages, features, and deliverables. Be clear whether it’s a custom build or a pre-made template. Also confirm what platform the site will be built on (e.g. WordPress, Wix, Shopify), as this will affect performance, SEO, ease of editing, and how difficult future migrations may be.
Performance standards: Agree on measurable benchmarks such as passing Core Web Vitals thresholds on mobile, keeping loading times under ~3 seconds (depending on hosting quality), and maintaining uptime of 99%. These benchmarks should be aligned with your site's size, content, and performance needs. For example, a large e-commerce site may not realistically maintain those thresholds with minimal hosting or under a limited budget.
Loading time under 3 seconds is a general “good” target, but Google recommends LCP under 2.5 seconds, INP under 200 ms, and CLS under 0.1 for a truly user-friendly experience.
- LCP (Largest Contentful Paint): How long it takes for the main content (like a hero image or headline) to load on screen.
- INP (Interaction to Next Paint): How quickly the site responds when a user clicks, taps, or types.
- CLS (Cumulative Layout Shift): How stable the page layout is while loading — e.g. buttons or text shouldn’t jump around unexpectedly.
Domain: You should register your own domain in your own name before your project begins. This ensures you remain in full control of your website address, even if you later change designers or hosting providers. If the agency/designer registers it on your behalf, you may face delays, extra costs, or even lose access if the relationship breaks down.
It’s also a good idea to register your domain under your own email address and keep track of its renewal.
For example, .ie domains renew every 12 months, and if you forget to renew, you could lose access to both the domain and your website.
Editing access: If you want the ability to edit your site, full admin access should be provided at handover. Without it, you risk becoming dependent on the agency for every update — potentially paying high fees for even the simplest changes. However, full access also comes with drawbacks: you could accidentally damage or break the site, which may leave you liable for additional repair costs.
Website Backups: It’s important to have a backup of your website and keep a copy for your own security. This ensures that if you lose contact with the designer or they control your hosting files, you can restore the site and bring it back online — as long as you still have access to your domain.
Note: Backup options depend on the platform. Full backups are straightforward with WordPress or custom HTML sites, but they are not possible with locked-in builders such as Wix or Shopify. How often you request a backup should reflect how frequently your site is updated. If you’d like a manual backup provided every three months, make sure this is clearly stated in the contract along with any associated costs.
Maintenance terms: Clarify what ongoing fees cover (e.g. weekly backups, plugin updates, hosting).Ask who pays for plugin renewals and clarify response times for security updates to ensure timely action in case of vulnerabilities.
Pricing breakdown: Ask for transparency — how much is design vs hosting vs third-party plugins. Example: design €1,500; hosting €300/yr; plugins €200. This helps you spot €50 templates resold for thousands.
Termination & refunds: Define conditions for ending the contract and whether partial refunds apply if milestones aren’t met, functionality is under-delivered, or agreed performance standards aren’t achieved.
Contract type: Clarify whether it’s fixed-price or hourly. Fixed-price contracts protect you from unexpected costs, making budgeting easier, but they require a very clear and detailed scope to avoid disputes. Hourly contracts may suit projects with evolving requirements but can lead to cost unpredictability and require closer monitoring of hours worked.
Jurisdiction: Confirm which country’s law applies, especially if you’re hiring outside Ireland. Irish SMEs should ideally have Irish contracts with Irish companies that fall under Irish law for easier dispute resolution.
Red flags to avoid
- Contracts that only describe deliverables as a “modern website” with no detail.
- Clauses that lock you into using the agency’s hosting or ongoing maintenance forever.
- No mention of who owns the domain, site files, or content after launch.
- Promises of “lifetime” software or licences without clear terms or vendor details.
- Vague payment structures or “milestone payments” with no clear definitions of deliverables or timelines.
Practical tips before signing
- Ask for a copy of the contract in advance and review it carefully — don’t sign on the spot.
- Compare with at least two other providers’ contracts to spot unusual terms.
- If anything is unclear, ask for it in plain English. A good designer should be willing to explain.
- If there were any verbal agreements or promises made, insist on having them written into the contract. Verbal promises usually hold little weight legally.
- For large projects, consider having a solicitor review the agreement. Some support may be available from the CCPC or through local business networks.