MOU (was Website Maintenance Agreements)

Hi,

I mentioned the MOU earlier today. In fact, I signed two of them today. One
is to bring a project to a rough comp stage. Although this will eventually
lead to several more sites, I was not prepared to present my work without
protection for the ideas. I am also busy enough that I don't want to do work
for a potential project for free while turning down work. The MOU lasts a
short time, outlines what the client will send to me, what the roughs will
cover, how they will be delivered (web proof in this case). It also states
that I retain all copyright, unless we move to a contract. I have also
promised to include a copyright release statement in the contract (as I
always do ... I know some do not). I am to be paid my hourly rate up to a
set number of hours for doing this work and the MOU spells the terms and
payment arrangements out.

The second one was more standard for me, and is getting to be essential,
since I am booking quite far ahead. I have a client who knows he wants to
work with me, and is OK with the scheduling. However, there is a marketing
strategy portion to the job, which will, to some extent, define the final
site design. In my contracts, I like to have a site map, and as much
information as possible. We aren't there yet, but we can't get there until
more work is done. I won't do any more without an agreement and a deposit.
Some clients won't go past here because of trade secret worries.

So ... we put it all in an MOU, they pay a deposit of half of my guess about
the cost of the project (with a provision for what happens if we do not go
far enough into the project to use up the deposit and then part ways), and
we forge ahead. I book the time, if it is predictable,  and can safely turn
down work for that period. Sometimes the contract follows in a week. I just
signed a contract this week that was under MOU for over two months. This
client needed to do much more research and planning on their end, but needed
the time I have spent with him to move ahead. The MOU covered it perfectly
and I start work, now under solid contract, on Monday.

I really believe in MOUs. I have worked under quite a few, and the clients
really like them, too. They are not reluctant to commit to me as a designer
... by the time we talk contract, they already know that. But they can be
reluctant to sign something when they really do not understand it. An MOU is
like my permission to really throw myself into a project with a predictable
result. So they get the help they need, and the flexibility to change once
my knowledge is added to the planning stages.

These little agreements never exceed one page and usually only have three or
four points to them.  By the time I sign an MOU, we have invested a fair
amount of email or phone time to reach the point where we know we want to
work together. Both of us have motivation to move to contract - me so I do
not have to give back a potion of the deposit and lose the rest of the work,
and the client, since they are paying me for my work and want a completed
project at the end.

Works for me. As a side benefit, the contracts are much easier to create,
estimating the firm cost of the contract is very easy and it is an easy way
to slide into the contract with everyone comfortable. I occasionally sign a
contract without an MOU, but that is only when it is so cut and dried that
there is no wondering about anything.

Hope this helps some,

Wendy

New Tutorial 07/01: Gradients and Blends for Illustrator and Freehand
with Wendy Peck at http://productiongraphics.com

Wendy Peck http://wpeck.com
Marketing solutions through technology

----- Original Message -----
From: ajit <ajit(at)bom6.vsnl.net.in>

>Someone mentioned about an MOU which covers pre-contract activities. This
is
very interesting as I have usually experienced this anxiety (I am sure most
of you have too) about finally netting the client while discussing or rather
counselling him before we sign the contract. Sometimes I have to make a
decision about what ideas not to discuss with him for fear of giving him my
ideas and then losing them alongwith the client in the event he chooses some
other agency. How can we tackle this issue ? Would a Non Disclosure
Agreement (NDA) be appropriate ? If yes, where can we lay hands on sample
agreements / contracts ?

Thanks in Advance

Ajit Thadhani
ajit(at)bom6.vsnl.net.in

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