As a business owner, launching a new website can be a big step. It's your digital storefront, your brand's online home, and a crucial tool for attracting and retaining customers.

For many businesses, website development and domain registrations are best outsourced to other businesses with specialised digital expertise. Before you dive in and hire a web designer, developer or digital marketing provider, it's essential to understand the contract you’re signing and what it covers.

Here’s your guide to making sure you understand your contracts with digital developers before you go ahead with a new website.

First, know these web words

  • Domain: this is your website address and the end of your email address such as ‘yourcompany.com.au’.
  • Web design: this relates to the look and layout of your website and the experience your website visitors will have when they browse your website.
  • Web development: this involves the coding and building of your website behind the scenes to give it the structure and functionality you need.
  • Digital marketing: this involves promoting your business through a range of online channels which can involve free content, paid ads, emails and campaigns.

Before signing up with a provider, it’s important to understand what they’re offering and whether their skills and experience match your business needs.

Shop around for the best provider

Think of your website as an investment in your business and your brand – and watch out for cheap options which might cause issues later.

Working with a local website developer could potentially cost more but, there can be benefits from choosing to work with a local provider. If something goes wrong, it’s easier to resolve issues face to face or hold them accountable to reach a resolution. On the other hand, choosing an overseas service provider might save you money upfront, but if something goes wrong, you could be left without avenues to resolve the issue.

Watch for website warning signs

You should own your website, domain name, and the copyright to your content, not your website designer or developer. The only exception to this could be stock images that you don’t own outright.

Be cautious if a developer’s contract states that they retain ownership of your website or domain, even after it’s launched. This could lock you in, meaning only they can make changes to your website or domain. It could also make switching providers difficult and costly in the future.

Get everything in writing

Your developer might register your domain and create your website on your behalf – but ownership and control should sit with you when the website is launched. Make sure you confirm this in writing and ask any questions upfront before the project to begins.

To get the most out of your relationship with your website service provider, it’s important to consider your relationship with them from start to finish. Make sure you have clear terms on how the agreement will end, including how access, logins and passwords will be transferred to you. 

For more on this, read the Australian Small Business and Family Enterprise Ombudsman (ASBFEO) information on getting the most out of your digital marketing service provider.

Understand the fine print

Like any business agreement, it’s important to carefully review the contract terms and conditions before you commit.

If you’ve been promised ongoing maintenance and support post launch, make sure the costs are clearly outlined, whether it’s an hourly rate, monthly fee, or another arrangement. Don’t sign an agreement you’re unsure about or uncomfortable with.

Be clear about the process involved

You’ll likely want to make some changes once you see the first draft of your website. Before signing a contract, make sure it’s clear on how many rounds of changes are included – and the timing of the delivery of these rounds. You also need to know what costs apply if you wanted more changes than the contract covers – for example, there might be an hourly rate or flat fee for changes outside the original scope of work.

On the subject of changes, make sure your contract clearly defines what counts as making a change. For example, swapping an image on your home page might be considered a change, but fixing bugs such as broken links or mobile display issues – shouldn’t be charged as extras in your contract terms.

Know how to avoid digital disputes

Try to avoid paying for your new website in full, upfront. This gives you no room to move if you run into issues later. You should be able to pay a deposit and then arrange a payment schedule as your website project reaches certain milestones.

Your provider should give you a schedule which details the key milestones of your website and when these should be delivered. For example, they might need to start with domain registration and hosting before they commence planning your content and structure. They’ll need to schedule in building and coding time and then website testing before your website is complete – so this should all be outlined as part of the schedule.

By being informed and making sure you are comfortable with the terms, you can help avoid digital platform disputes.

Find out more

To learn more about this topic, you might like to explore:

You could also consider our SBDC free business advisory service and learn about the types of disputes we can help with.

Marketing
Dispute resolution
24 June 2025