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Re: What to ask Web designers?


From: Sam Foster
Date: Nov 18, 2004 1:32PM

> Definitely a start. I really like any failures in accessibility found
> post-lanch would be fixed for free -- that should be written into contract.

I would never sign such a contract. You want some accountability, but
you must put some limits around it. It would probably be impossible to
create a perfectly accessible document or site that met all needs, so
this could be construed as indentured servitude.
How about a two week or even 1 month period following the launch, during
which time these fixes are free. Or maybe negotiate a significantly
reduced hourly rate for updates and bug fixes after launch? Most
problems that exist are usually discovered in the first week or so anyway.
You also need to make clear who is responsible for testing. If the
contractor takes full responsibility this motivates them to find all the
bugs, but if they have no control over the launch date -- what then? If
you launch my work before its finished, then ask me to fix bugs
(complete it) for free I'm not going to be happy or cooperative.
If they are not responsible, they will want to pad to ensure they've got
time to address anything that comes out of testing.

I think if you write accessibility in as a formal requirement, and
dictate that the work is not finished until all requirements are met (or
both parties agree to a change in requirements), a standard work for
hire contract would cover it? If you define a failure in accessibility
as a software defect or bug, then you are suddenly in much more well
travelled territory, legally speaking.

(caveat: I'm not a contractor, or a lawyer, or even in a position to
hire one)

Also, btw, I would expect this level of accountability (which is not
unreasonable) to be worth a slighly higher fee. Carrot and stick.