Quick answer
What should you include in a contract when you hire a freelancer?
What to include in a freelancer contract: both names, a clear scope of work, milestones and deadlines, payment terms with GST details, who owns the work and code, a confidentiality clause, how access is given and returned, revision limits, a handover list and how either side can end it. Keep it written and signed.
Key takeaways
- Write the scope and what is out of scope.
- Tie payments to clear milestones.
- Transfer ownership of work and code in writing.
- Add an NDA and a data access rule.
- List the handover files and logins.
- Agree how either side can end the contract.
Why do you need a written contract with a freelancer?
You need a written contract because it puts the work, money and ownership in one place that both sides have agreed to. When something goes wrong, you both look at the same document instead of old chats.
Many small businesses in India hire on a WhatsApp message and a verbal promise. That can work for tiny tasks. For a website, an app, an SEO plan or a monthly ads contract, a written agreement saves time and stress.
Knowing what to include in a freelancer contract is not about distrust. It helps the expert too, because they know exactly what to deliver and when they will be paid.
What is the full checklist for a freelancer contract?
A complete freelancer contract covers twelve points: parties, scope, deliverables, timeline, payment, ownership, confidentiality, access, revisions, communication, handover and termination. Use the checklist below before you sign.
- Names, addresses and contact details of both sides
- Scope of work, plus a clear out-of-scope list
- Deliverables with numbers, such as pages, posts or features
- Milestones, deadlines and who approves each one
- Fee, payment schedule, mode (bank transfer or UPI) and GST details
- Ownership of the work, designs and source code
- Confidentiality or NDA terms
- How access to your accounts is given and removed
- Number of revision rounds and how extra changes are charged
- Working hours, update method and response time
- Handover list: files, code, logins and documents
- How either side can end the contract, and what happens then
You do not need long legal language. Short, simple sentences are often clearer.
If you have already written a project brief, most of the scope details are ready. Our guide on how to write a project brief for a freelancer shows how to prepare that part.
How do you write the scope of work and deliverables?
Write the scope as a list of exact tasks and results, with numbers where possible, and add a separate list of what is not included. Vague scope is the most common reason freelance projects go over time and budget.
Good scope vs weak scope
| Type of work | Weak scope | Clear scope |
|---|---|---|
| Website | Make a modern business website | Design and build 6 pages on WordPress, with a contact form and WhatsApp button, mobile friendly |
| SEO | Do full SEO | Fix technical issues from the audit, optimise 10 service pages, set up Google Business Profile, monthly report |
| Ads | Run Google Ads | Set up and manage 2 search campaigns, weekly bid checks, monthly report; ad spend paid by the client |
Also write the out-of-scope list. For a website, this may include logo design, content writing or product photos.
When you hire web development experts, attach the page list and feature list to the contract as an annexure. When you hire SEO experts, list the tasks per month instead of promising rankings, because no honest expert can promise a fixed position on Google.
How should milestones and payment terms be written?
Link each payment to a milestone that you can check, such as an approved design or a live website. Write the amount or percentage for each stage, the due date, the payment mode and the GST details.
| Hiring model | How payment is usually linked | What to write in the contract |
|---|---|---|
| Project (fixed scope) | Advance, milestones, final payment at handover | Milestone names, what counts as done, payment for each |
| Monthly | Fixed fee each month, often paid in advance | Tasks or hours per month, notice period, billing date |
| Hourly | Paid for hours used, often weekly or monthly | Hourly rate, time tracking method, monthly hour cap |
Our guide on hourly vs monthly vs project hiring explains which model suits which kind of work.
Payment details to include
- Currency and whether the fee includes or excludes GST
- GSTIN of both sides, if registered, for a proper tax invoice
- Payment mode: bank transfer, UPI or another method
- Due date after each invoice, such as within 7 days
- Who pays for third-party costs like themes, plugins, hosting or ad spend
If tax deduction at source may apply to your payments, ask your CA how to handle it. Write the answer into the contract so the expert knows what amount to expect.
Who owns the work and the code after the project?
Your contract should clearly say that ownership of the final work, designs and source code passes to you once you pay in full. Without a written transfer, the person who created the work may still hold the rights to it.
Many owners assume that paying for a logo, website or app means they own it. Often the creator is treated as the first owner unless the rights are transferred in writing.
Ownership points to cover
- The final deliverables and source files belong to the client after full payment.
- Source code, design files (such as Figma or PSD) and editable files are part of the handover.
- Any third-party items, such as fonts, stock photos, themes or plugins, are listed with their licences.
- Open-source code used in the project is listed, and its licence terms are followed.
- The expert's own reusable tools or code libraries stay theirs, but you get a licence to use them in your project.
For app and software work, this clause matters most. If you hire a mobile app developer, make sure the code is stored in a repository that your business owns, such as your own GitHub or Bitbucket account. Then the code stays with you even if the expert stops working.
Need help with your project?
Talk to the SI Experts team. Free first call, simple advice, clear quote.
Should you add an NDA or confidentiality clause?
Yes. Add a confidentiality clause, or a separate NDA, whenever the expert will see your customer data, business plans, prices or login details. It says what they must keep private and for how long.
- What counts as confidential: customer lists, sales data, prices, plans, source code and logins
- That the expert uses this information only for your project
- That they do not share it with anyone else without your written consent
- How long the duty lasts, often for some years after the work ends
- That they return or delete your data when the work ends
If the expert will see customer phone numbers or addresses, share only what the work needs.
How should access, logins and handover be handled?
Give access through separate user roles, not your main password, and list every account in the contract. At the end, the expert hands over all files and logins, and you remove their access.
Many owners lose control of their own domain, hosting or ad account because a freelancer created it in their own name. Your contract should say that all accounts are created in your business name and that you hold the main owner login.
| Account | Safe way to give access | What to get back at the end |
|---|---|---|
| Domain and hosting | You own the account; give a limited user or staging access | Confirm the domain is in your name; change passwords |
| Website CMS | Editor or admin user for the expert | Remove the user; get a full backup |
| Google Ads or Meta Ads | Add the expert as a user on your own ad account | Remove the user; keep all campaign history |
| Code repository | Repository in your account; expert added as a collaborator | Remove the collaborator; check the latest code is pushed |
Handover list to attach
- All source code and design files
- A list of plugins, tools and paid licences, with renewal dates
- Short notes on how to update the site, app or campaign
- A final backup of the website or database
If you are setting up a new expert, our remote expert onboarding checklist covers the access side in more detail. For Google Ads experts, keep the ad account in your name, because the campaign history has real value for future campaigns.
How many revisions should the contract allow?
Write a fixed number of revision rounds for each deliverable, such as two rounds of changes on a design, and say how extra changes will be charged. This keeps feedback focused and avoids arguments.
Explain what a revision means. Changing a button colour is a revision. A completely new design after approval is new work. Ask for feedback in one written list per round, from one person.
Also write how long you will take to give feedback, such as "client shares feedback within 3 working days". Slow feedback makes any deadline hard to keep.
How can either side end a freelancer contract?
A termination clause says how either side can end the contract, how much notice they must give and what is paid and handed over at that point. Without it, ending a project can turn into a long dispute.
- 1
Set a notice period
For monthly work, a notice period such as 15 or 30 days is common. For project work, say that either side can end it in writing.
- 2
Say what is paid on exit
Usually you pay for the work completed and approved up to that date. Write how unfinished milestones are valued.
- 3
Name the reasons for immediate exit
Serious issues, such as sharing your data or missing payments for a long time, can allow ending the contract without notice.
- 4
Require handover on exit
The expert hands over all completed work, files and code within a set number of days, once dues are cleared.
- 5
Remove access
You remove all user access and change shared passwords on the same day the contract ends.
It also helps to add a short dispute step: both sides first try to solve the issue on a call, then in writing, before any legal step.
What mistakes should you avoid in a freelancer contract?
The most common mistakes are copying a random template, leaving out ownership, paying everything upfront and keeping accounts in the freelancer's name. Each one is easy to fix before you sign.
- Using a long foreign template that does not match your work or Indian tax rules
- No out-of-scope list, so every new idea becomes a dispute
- Paying 100 percent in advance with no milestones
- Not writing who owns the code, designs and content
- Letting the expert register your domain, hosting or ad account in their own name
- No notice period or handover clause
Before you sign, test the expert with a small paid task if you are unsure about their skill. Our guide on how to test a freelancer before hiring explains how. If you want fewer contracts to manage, you can also hire a dedicated team in India under one agreement instead of many separate freelancers.
SI Experts is powered by Shivah Web Tech, with an 11+ year parent team, 25+ in-house specialists and 500+ projects. Our agreements spell out scope, milestones, ownership, confidentiality and handover in plain words. Agencies can use our white label agency partner model with the same clear terms. Share your needs and you get a clear quote after a free call.
Frequently Asked Questions
Is a WhatsApp chat enough as a contract with a freelancer?
A chat can show what was agreed, but it is weak proof for anything important. Messages get lost, and points like ownership, confidentiality and termination are rarely covered. For small one-time tasks, a clear written message may be enough. For a website, app or monthly service, use a proper written and signed agreement, even if it is only two or three pages.
Do I need a separate NDA for a freelancer?
Not always. A confidentiality clause inside the main contract is often enough. A separate NDA is useful when you need to share private details before the main contract is signed, such as during early talks or a paid test task. Either way, write what is confidential, how it can be used and how long the duty lasts.
How much advance should I pay a freelancer?
There is no fixed rule. Many project contracts use a modest advance to start, then payments at clear milestones, and a final payment at handover. The key is to link each payment to work you can check. Avoid paying the full amount upfront for a large project, because you then have little control if the work stalls.
Should the freelancer contract mention GST?
Yes. Write whether the fee includes or excludes GST, and add both GSTIN numbers if the expert and your business are registered. This helps you get a proper tax invoice and claim input credit where it applies. If you are unsure about GST or TDS on your payments, ask your CA before you sign.
What should happen if a freelancer stops responding mid-project?
Your contract should already cover this through the termination and handover clauses. Send a written notice, pay only for approved work as per the contract and ask for all completed files and code. Remove the expert's access to your accounts. If your accounts and code are in your own name, you can move the work to a new expert quickly.
Does SI Experts sign a contract before starting work?
Yes. Before work starts, we agree the scope, milestones or monthly tasks, payment terms, ownership of work, confidentiality, access and handover in writing. You keep ownership of your accounts, code and files. You can hire on hourly, monthly or project terms, and you get a clear quote after a free call.
