(A) Key commercial considerations

Confirm each party's legal status and whether any third parties (such as group affiliates) will benefit from the proposed agreement.

Confirm whether any third party will guarantee a party's performance or financial obligations.

Confirm whether a third party will be used to carry out any preliminary design aspects of the website or associated branding, look and feel.

If a third party is being used, has the customer secured the rights in these designs sufficient to enable them to be used by the developer and is the developer willing and able to work with the third party design agency?

Commencement and duration

Confirm proposed commencement/effective date.

Is the proposed agreement a fixed term or rolling contract?

Does the agreement end when the development project is completed (and, if so, does there need to be a final completion date)? Or are ongoing services being provided — such as support or training?

Where relevant identify notice periods for termination.

Are there any preconditions which must be satisfied before the proposed agreement can take effect?

Confirm the nature of any early termination rights.