Clauses  ›  Payment terms

Payment terms.
The clause that decides when money moves.

Deposit, milestone, net-30, upon delivery — the payment structure in your contract determines whether you're financing your client's project or running a business.

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In plain English.

A payment terms clause specifies exactly when invoices are due, what event triggers each payment, and how payment must be made. Without it, "I'll pay you when the project is done" is the default — and "done" is whatever the client decides it means.

Plain English definition

Payment terms tell both sides when money is owed: a percentage upfront, a portion at a milestone, the balance on delivery — or net-30 from invoice date. The clause names the trigger event, the amount, and the deadline.

When you need it

Every service agreement, freelance contract, consulting engagement, and retainer arrangement needs explicit payment terms. Whenever you're doing work before receiving full payment, the terms of that payment need to be in writing.

What happens without it

Without explicit terms, default commercial law applies — which often means payment is due "within a reasonable time" after completion. Courts interpret "reasonable" broadly. You could wait 60 days for money that should have arrived in 10.

It sounds obvious. It gets skipped anyway.

Why missed

The handshake assumption

Both sides agree on price and forget to agree on timing. "I'll invoice you" plus "sounds good" is not a payment term. It's a conversation.

Why missed

Vague milestone definitions

The contract says "50% on project completion" but doesn't define what complete means. If the client can keep requesting changes, completion never arrives and neither does the payment.

Why missed

Avoiding the awkward conversation

Asking for a deposit feels presumptuous. Setting a net-10 term feels pushy. So the clause gets softened into ambiguity — and the client takes full advantage of it.

The downstream consequences.

You finance their project

Without a deposit, you absorb all the upfront cost — tools, time, subcontractors — while the client pays nothing until they decide they're satisfied. You become their lender.

Ghosting after delivery

Work is delivered. Client goes quiet. Without a defined payment trigger and due date, you have no contractual basis for escalating. The invoice just ages in their inbox.

Disputed acceptance

If payment is tied to "acceptance" but acceptance isn't defined, the client can withhold payment indefinitely by refusing to formally accept. Milestones need objective criteria, not subjective satisfaction.

Cash flow collapse

Multiple projects, all with vague payment terms, all running late. No predictability. No ability to plan. The business runs on hope instead of contracted payment schedules.

If your contract says any of this, payment is already at risk.

These phrases appear in countless contracts. Each one delays or prevents the payment you're owed.

Red flag

"Upon completion"

Who decides when it's complete? If the client has that power, completion — and payment — can be endlessly deferred.

Red flag

"Net-30 from client approval"

Approval is never defined. The 30-day clock never starts. Combine this with a client who won't formally approve and you have an indefinitely deferred payment.

Red flag

"Payment due when client is satisfied"

Subjective, unenforceable, and entirely in the client's hands. Satisfaction has no objective standard. Avoid entirely.

Red flag

"Standard payment terms apply"

Whose standard? This phrase says nothing and creates no enforceable obligation.

Red flag

"Balance due at end of project"

Without a defined end date or milestone, "end of project" is an open-ended concept the client controls.

What good payment terms look like.

A strong payment terms clause names specific dates or objective trigger events, specifies the payment method, and removes client subjectivity from every trigger. It also covers what happens when the clock runs out.

BizDraft generates payment terms calibrated to your project type — retainer, milestone-based, or fixed-fee — with sensible defaults you can adjust.

The pattern

  • Name the deposit amount and trigger. "A non-refundable deposit of 50% of the total fee is due upon signing this agreement, before work begins."
  • Define milestone payments with objective criteria. "A second payment of 25% is due upon delivery of the first draft, regardless of client feedback at that stage."
  • Set a concrete due date, not an event. "The final 25% is due within 7 business days of final delivery, regardless of whether the client has provided formal written acceptance."
  • Define the payment method. "All payments shall be made via bank transfer or credit card to the account specified in the invoice."
  • Address what happens if payment is late. Point forward to your late payment clause, or include the interest rate directly.

Agreement types where payment terms matter most.

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⚠ Legal disclaimer: Agreements generated by BizDraft are AI-produced for informational purposes only. They do not constitute legal advice and do not create an attorney-client relationship. For any agreement of significant legal or financial importance, consult a qualified attorney before signing.