Developing a website for an individual is a very important nuance

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Sometimes we all have individuals ordering websites from us. That is, not even individual entrepreneurs, but ordinary individuals who have not registered their business in any way, but write their passport details in the “Details” section of the contract. Have you ever had something like this? Of course, you have. But few of you have thought about the danger that such cooperation entails.

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When concluding a contract for website development (and any other web studio services) with an ordinary individual (not an individual entrepreneur), you need to remember one very important thing - if an ordinary "individual" files a lawsuit against you, he may be able to use the Consumer Rights Protection Law. And then everything is lost for you:

The consumer has the right to file a lawsuit at his place of residence
The consumer has the right to compensation for moral damages
The consumer has the right to collect a penalty from you
The consumer has the right to charge you a fine in the amount of 50% of the cost of developing the website or other services if you refuse to voluntarily comply with his demands.
The courts are always (always) more loyal to consumers - with a high degree of probability, he will win the case, not you
Yes, the situation seems crazy. After all, in fact, you had a legal relationship between two commercial organizations, it's just that your customer, an individual, did not register as an individual entrepreneur. However, as practice shows, the court may well ignore this circumstance and consider the case in accordance with the Law on the Protection of Consumer Rights. And you will have to return the cost of developing the site, and penalties, and a fine. And if the customer is from some Petropavlovsk-Kamchatsky, you will not even be able to come to court.

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Therefore, if an ordinary citizen orders website development (or other services) from you, then be sure to include the following clause in the contract:

The Customer purchases all services of the Contractor for the purpose of carrying out entrepreneurial activities and making a profit.
It will give you ironclad protection against the use of the Consumer Protection Law by the customer (see the Supreme Court decision ). Your dispute, if it suddenly arises, will be considered in the Arbitration Court, where you will at least act as equals - as two commercial organizations, and not as a vile seller and an unfortunate victimized buyer.

We had two cases when customers tried to conclude a contract with us as individuals (although they had companies), but when they found out about the existence of this clause in our contract, they disappeared without a trace. Of course, we don’t know for sure, but we suspect that after receiving the site, they wanted to use the Law on the Protection of Consumer Rights in order to easily return the amount paid for the development.

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