In this guide · 8 sections
- 01Why the ownership clause matters most
- 02The 15 clauses at a glance
- 03Clauses 1-4: ownership, licences, domain and hosting
- 04Clauses 5-10: scope, revisions, acceptance and warranty
- 05Clauses 11-15: handover, support, PDPA and exit
- 06How to raise contract points with a designer
- 07Do it yourself or get help?
- 08Frequently asked questions
Short answer
Insist on a written assignment of copyright in the design, code and content you pay for, the domain and hosting registered in your company's name, clear acceptance criteria and a warranty period, a full credentials handover, and a PDPA clause if the developer can see customer data.
Why the ownership clause matters most
Many owners assume that paying for a website means owning it. In Singapore that is not the default. IPOS explains on its copyright ownership page that the person who created a work generally owns the copyright, including where the author was paid under an agreement to create it, unless the author and commissioner agree in writing that someone else will own it.
The Copyright Act 2021 took effect on 21 November 2021 and changed the old rule under which the commissioner owned certain commissioned works such as photographs and portraits. For anything commissioned since then, ownership follows the contract. Without a clear clause, your designer may own the design, the custom code and even the photos they took for you.
The 15 clauses at a glance
Use this as a checklist when you read a proposal or contract. If a clause is missing, ask for it in writing before you pay a deposit.
Clauses 1-8: ownership, accounts and delivery
The remaining seven clauses cover what happens after launch and at the end of the relationship.
Clauses 9-15: after launch and exit
Clauses 1-4: ownership, licences, domain and hosting
Copyright assignment. The clause should transfer copyright in everything created specifically for you, once you have paid. A common and fair version assigns ownership on final payment.
Retained and third-party components. Designers rely on themes, page builders, plugins, fonts and stock photos they do not own. The contract should list them, confirm the licences are in your name or transferable, and say who pays renewals. Premium plugin licences tied to the designer's account stop updating when the relationship ends.
Domain. The domain should be registered with your company as the registrant, in a registrar account you control. SGNIC's list of accredited registrars shows where .sg names can be held. A designer can be added as a technical contact or user without owning it.
Hosting. Ideally the hosting account is in your name and paid by you. If the designer hosts the site on their server, the contract should guarantee a full export (files, database, emails if hosted) within a fixed number of days on request. Our guide on getting website and domain access back from an agency shows what happens when this is missing.
Clauses 5-10: scope, revisions, acceptance and warranty
These clauses decide what 'done' means. Vague scope is the main source of invoices for 'extra work'.
| Clause | Good wording covers | Red flag |
|---|---|---|
| Scope | Page list, features, integrations, who writes copy and supplies photos | 'Website as discussed' |
| Revisions | Number of rounds per stage and the rate for extra rounds | 'Unlimited revisions' with no time limit, or none defined |
| Timeline | Milestones, your feedback deadlines, effect of delays on either side | Only a launch date |
| Acceptance | Test period (for example 10 working days), criteria, written sign-off | Deemed accepted on upload |
| Warranty | Free defect fixes for a period after launch, defined as not working as specified | No warranty, or warranty void if you edit any text |
| Payments | Deposit, milestone payments, final payment after acceptance | Full payment before design approval |
A warranty is not the same as maintenance. Warranty covers the designer's own defects. Updates, security patches and new content are maintenance, and should be priced separately. Our website maintenance cost guide explains what that usually includes.
Clauses 11-15: handover, support, PDPA and exit
Credentials handover. At the end of the project you should receive a written list: domain registrar, DNS, hosting control panel, website admin, email, analytics, Google Business Profile, payment gateway, and every plugin or service account. Admin accounts should be under your company email.
Maintenance and support. If you want ongoing help, put it in a separate agreement with a monthly fee, response times and what is included. Bundling it into the build makes it hard to change provider later.
Data protection. If the developer can see enquiries, orders or customer accounts, they process personal data on your behalf and act as your data intermediary under the PDPA. The contract should require them to protect the data, use it only for your project, delete it when done, and tell you without undue delay if they suspect a breach, as the PDPA requires of intermediaries.
Confidentiality and portfolio. Designers often want to show your site in their portfolio. That is reasonable for public pages; it should not extend to admin screens, customer data or unreleased work.
Termination. Either side should be able to end the contract with notice. You pay for work done to date and receive everything created so far, with copyright in it.
How to raise contract points with a designer
Most good designers and agencies already cover these points, and a missing clause is often an oversight rather than a trap. Ask politely and in writing.
Ask for the contract with the proposal
Do not wait until after you have paid a deposit to see the terms.
Mark the missing clauses from the checklist
Send a short list of the points you need added, with this guide's numbering if it helps.
Confirm accounts are in your name before work starts
Domain, hosting and key plugin licences should be set up under your company from day one.
Keep everything in one signed document
Emails and WhatsApp messages agreeing changes should be confirmed in a signed variation.
Our guide to choosing a web designer in Singapore covers what to check before you get to the contract stage.
Do it yourself or get help?
You do not need a lawyer for a straightforward small business website, but you do need the key clauses in writing. For a large or custom build, a lawyer's review of the IP and liability clauses is money well spent.
Our own Business Website (S$1,490) and Website Pro (S$2,990) packages are fixed-price and paid upfront, with the domain, hosting and admin accounts set up in your company's name and a full credentials handover at the end. This guide is general information, not legal advice.
Frequently asked questions
Not automatically. IPOS explains that the creator of a work generally owns the copyright, including commissioned work, unless the author and commissioner agree in writing that someone else will own it. Make sure your contract assigns copyright in the design, custom code and content to your company, usually on final payment.
In your company's name as the registrant, in a registrar account you control. The designer can be added as a technical contact or account user. If the domain sits in the designer's name or account, getting it back can be slow and depends on their cooperation.
A warranty should cover defects in the designer's own work, meaning features that do not work as specified, for a defined period after launch, at no extra charge. It usually does not cover new features, content changes, third-party plugin problems or issues caused by changes you make. Ongoing updates are maintenance and priced separately.
If they can access personal data such as enquiries, orders or customer accounts, yes. They act as your data intermediary under the PDPA, so the contract should require them to protect the data, use it only for your work, delete it when finished, and notify you without undue delay of any suspected data breach.
A written list of every account and login: domain registrar, DNS, hosting, website admin, email, analytics, Google Business Profile, payment gateway and plugin licences, with admin access under your company email. You should also receive the site files and database or a way to export them, plus any design source files the contract covers.