Freelance web developer contract in India: template and clauses

A freelance web developer contract in India should name the pages and features you will build, list what is excluded, split the fee into milestones, cap revisions, say who owns the source code and when, set a bug-fix period, and cover hosting, credentials and third-party code. It is valid when signed electronically, and the template below gives you every clause to adapt.

By Saiyam Kumar, Founder, Defellix · Last updated 2026-10-17

What is a freelance web developer contract?

A freelance web developer contract is a services agreement between a developer and a client that fixes what will be built, the price and payment dates, who owns the code, and what happens after launch. In India it is governed by the Indian Contract Act, 1872, and an electronically signed version is valid under Section 5 of the Information Technology Act, 2000.

Which clauses does a web development contract need?

Web projects fail on the same few points: features that were never written down, launch dates that slip because the client is late with content, and arguments about code and credentials after the last payment. These clauses cover them.

ClauseWhat to writeWhy it matters
ScopePages, features, integrations and supported browsers or devicesStops “one more feature” being treated as included
ExclusionsContent, images, hosting fees, SEO, maintenanceSilence in a contract is read against the developer
MilestonesDesign, development and launch, each with an amount and dateLimits unpaid work if the client disappears
RevisionsRounds included per milestone, and the hourly rate after thatPrevents endless design changes
Source code and IPOwnership passes to the client on full paymentCode belongs to the developer until assigned in writing
Hosting and credentialsClient owns hosting and domain; credentials handed over on final paymentAvoids lock-in disputes either way
Third-party codeOpen-source libraries keep their own licencesYou cannot assign rights you do not own
Bug-fix periodFree fixes for defects in scope for [number] days after launchSeparates warranty from new work

How do I write a web development contract, step by step?

Work through these steps before you write any code.

  1. List every page and feature, and the technology you will use.
  2. List what is excluded, especially content, hosting and maintenance.
  3. Split the fee into milestones: design approval, development, launch.
  4. Set the revision rounds and the rate for extra changes.
  5. State that source code ownership passes to the client on full payment.
  6. Agree hosting, domain, credentials and the bug-fix period.
  7. Add late-payment interest, GST and TDS terms, and jurisdiction, then sign.

Who owns the source code of a website built by a freelancer?

The freelancer, unless the copyright is assigned. Software is protected as a literary work under the Copyright Act, 1957, and Section 17 makes the author the first owner. The rule that hands ownership to an employer applies to employees, not independent freelancers.

Ownership moves to the client only through a written, signed assignment under Section 19. Tie it to full payment, and keep your own reusable code and tools, licensing them to the client as part of the deliverable. See who owns freelance work.

How should payment milestones work for a website project?

Take an advance before starting, usually 30% to 50%, then tie the rest to milestones the client can see: approved designs, a working staging site, and launch. Keep the final payment before you hand over credentials and the production deployment.

Add a right to pause if a milestone payment is more than seven days late. The advance payment guide has sample wording.

What mistakes do web developers make in contracts?

These are the gaps that turn into unpaid work or disputes most often.

  • Describing the project as “a website” with no page or feature list.
  • No exclusions, so content, hosting and SEO become implied extras.
  • Unlimited revisions on design.
  • Handing over credentials and code before the final payment.
  • No bug-fix period, so every later request is argued as a defect.
  • Deadlines with no link to when the client supplies content.

Where can I create a web developer contract online?

On Defellix you can start from a ready-made web developer template: the scope, exclusions, revision limit, source-code ownership and hosting clauses are filled in, and you replace the bracketed details. Your client signs by email OTP, and every milestone, approval and payment is recorded with a timestamp. Your first contract is free.

Frequently asked questions

Do I need a contract for a small website project?

Yes. Even a short agreement with the page list, price, payment dates and revision limit prevents most disputes, and it costs nothing to add.

Should I give the client the source code?

Usually yes, but only after full payment, and the contract should say so. Until then the copyright in the code stays with you.

How much TDS will a client deduct from a web developer?

It depends on how the payment is classified. Fees for professional services generally attract 10% and fees for technical services 2%, once the annual threshold is crossed. Confirm with the client and a tax professional.

What if the client keeps adding features?

Point to the scope and exclusions, and quote each new feature as a change request before starting it. See the guide on scope creep for sample wording.

Related guides

  • Freelance contract template and format for India
  • Who owns the work a freelancer creates? Copyright in India
  • How to stop scope creep with the right contract clauses