Web Development Series

The Web Development Series articles were written in 1997 to highlight the negotiation issues involved in web development from the perspective of the site owner and developer. The first three articles were originally published on the Institute of Continuing Education Web Site. The last article was written for the ILPN (now defunct) web site. Although the articles were written over five years ago, many of the discussion points apply equally to today's development environment.

Client Concerns in a Web Site Development

Originally published in 1996

Creation of an Internet Web site can be a frustrating and expensive proposition if not planned and executed properly. Knowledge of the basic issues up front can help avoid unnecessary headaches and costs later on.

Site Objective

The first step in Web site creation is careful formulation of the objective of the site. Many Web sites are directed at marketing businesses or products through establishment of an Internet presence. In these sites, the number of "hits" by Internet users accessing the site is important.

Other sites may incorporate public and private (or proprietary) areas or rely on Internet-based wide area networks (WAFT). These Web sites may have promotional aspects but serve principally as an electronic interface with customers, suppliers and clients.

When developing a Web site, it is better to keep the focus narrow, at least initially. The Internet offers an infinite number of alternatives and no Web site can do it all. Carefully target the intended audience and try not to stray to far from the principal objective. There is plenty of room for expansion once the site is up and running.

Budget

Once the site objective is determined, a budget must be created. This can be particularly problematic in the current Web development environment.

The number of available Web site functions and features are expanding exponentially. A Web site may have a very short shelf life or evolve into a different appearance and objective as new and useful development tools are created, particularly if significant updating and revision is contemplated (as opposed to a low maintenance "electronic brochure).

This in turn leads to increased costs.

Interactive environments are in their infancy. However, the ability to link previously incompatible systems (such as Windows, MacIntosh, Unix) through the Internet's standard TCP/IP protocol and cross platform programming tools, such as Java and Active X, are leading many conclude that widespread internal and external electronic links among individuals, business and government are inevitable.

As a result, a Web site should be viewed as dynamic rather than static. What "works" in a site today may not work in a year or two. Budgeting should take into consideration site updating and maintenance as the use of interactive networks evolves.

Site Hosting

A Web site may be hosted internally or externally. The host is the server computer on which the site resides and is accessed by the outside world. Hosting is a function of size, cost and objective.

If the site objective is to get lots of hits rather than to emphasize a niche area or service a client base, capacity to handle site "traffic" is important. Costs of internal hosting of a high volume site needs to be compared to those associated with outsourcing.

If the objective includes access to confidential or proprietary data, a outside host server may create unnecessary confidentiality and security risks. However, if internal systems containing private corporate information will be accessible via the Internet, security concerns are paramount. In such a situation, use of firewalls, software which prevents and detects unauthorized intrusion is essential.

Many Internet service providers offer site hosting as an additional service. If an outside host server will be used, the site should be designed for portability. If the client is dissatisfied with a ISP or costs justify an in-house server, the site can then be easily moved.

Domain Names

Early adoption of a domain name for a Web site is essential. The domain name is the electronic Internet address of the site. Use of a specific domain name (as opposed to the domain name of the ISP) gives the site identity and facilitates portability.

Desirable domain names are becoming a scarce commodity and many companies are finding domain names they are interested in have already been taken by someone else. There is a significant amount of litigation surrounding domain name disputes and a secondary market for the purchase of domain names is developing.

Domain names should be looked at as a long term identifier. Changing a domain name may be difficult as the user base becomes familiar with a particular name and links to the site or particular pages are established. If the domain name is changed, the links must change, as well e-mail address books and bookmarks of the users. This can be a burdensome and time consuming process.

Working with Web Developers

Contract or outside developers are often used to create and maintain a Web site. Web development is a cross-breed of creativity and computer programming. Frequent interface between the client and developer is essential, particularly during site design.

Once a developer is selected, there are several issues that must be addressed, including the following:

  • Ownership. Site ownership is critical to portability and maintaining the uniqueness of the site. Absent "work made for hire" language in the development agreement, the site will generally be owned by the developer.
  • Timing and Deliverables. The development agreement should include a timetable for development and penalties for failing to meet milestones. The agreement should also clearly spell out the deliverables to the client (including source code, flow charts and other material necessary to revise the site if the project is taken in-house or a new developer is hired later on).
  • Escape Clauses. Web site development projects may extend over several months or even years. The client should retain the right to terminate the contract at any time. This right may be important as the site objective changes or in the event of dissatisfaction with a particular developer.
  • Warranties. The client will frequently desire warranties of quality, material and workmanship, including representations as to functionality when developer recommended tools are utilized.
  • Indemnities. The client should insist on developer indemnities for violations of third party proprietary rights or improper incorporation of third party materials into the site.
  • Confidentiality. The developer and those employees of the developer with access to confidential information should be required to execute confidentiality agreements with appropriate indemnities for violations.

Each Web development project is a unique undertaking. Proper planning and awareness of the issues may mean the difference between a strong cost-effective base for the information revolution or a costly nightmare.

Law Offices of Gary A. Kendra, PC
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Northville, MI 48167

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