E-commerce and IT agreements
Technology is now part of life - and business. It has opened the door to countless possibilities and provided start-up and entrepreneurial opportunities to millions of people across the world. Talbots Law is at the forefront of this new and exciting area of law and can help you operate your IT and e-commerce solutions safely.
Whether you’re an internet entrepreneur, web developer, IT business or you simply use the internet to buy and sell, our specialist lawyers can give you the legal advice you need to succeed in this dynamic industry. We provide down-to-earth pragmatic advice that is commercially focused, which is why businesses of all shapes and sizes trust us for advice in this area of law.
Why choose Talbots Law for your E-commerce matters and IT agreements?
At Talbots Law we dare to be different. Our IT law experts understand that every business is different, so when appropriate, we ignore the rulebook and collaborate creatively to help you achieve your commercial goals. We work on the philosophy that nothing is too much trouble. We work hard for our clients and never take their custom for granted. IT and E-commerce law can be complex, but our commercial solicitors ensure that we explain it in simple terms, so you can evaluate any risks to your business confidently.
Protecting the interests of organisations using IT and E-Commerce
Much of business life is now carried out via virtual technology. Many companies are now selling their products and services online. Legal and financial documents are often shared electronically - sometimes virtually. Our IT law experts will provide you with the confidence that you are complying with relevant regulations such as the Data Protection Act 1998 and the Electronic Commerce (EC Directive) Regulations 2002.
Our innovative and dynamic team has developed multiple strategies for ensuring your business is enhanced by technology and your interests are protected. Whether it be setting up your web-based trading activities such as terms and conditions or a dispute involving a domain name we have the knowledge and experience to assist you.
Drafting software agreements
We support developers with escrow arrangements or more complex matters such as software licensing and support contracts. We take the time to listen to your business needs and draft bespoke software agreements accordingly, providing favorable terms and excellent protection.
We will ensure the development, licensing, IP and ownership details of your software agreements are water-tight; however, if a dispute arises, we will ensure it is resolved quickly and in your best interests.
The law surrounding software agreements is constantly changing, and we are alive to any new developments in the law. You can be confident that software agreements drafted by our commercial lawyers are completely up to date.
E-commerce and IT agreements FAQs
How can I ensure a customer accepts my terms and conditions in an online sales transaction?
For there to be no doubt you need to make your T&Cs clearly visible on your website. The safest way to ensure that customers are alerted to you T&Cs is to forced them to check a box stating they have been read when they register to purchase goods or services from your website.
What are the key issues to consider in a software contract?
- Identify the software—software is computer code, but there is a significant difference between software 'source code' and 'object code'. A software contract should clearly state which type of code is being licensed and which version and release of that code
- Confirm what the software will do—the agreement should either clearly identify the performance specifications of the software, or set out a process whereby those specifications can be created and agreed
- Confirm who owns the intellectual property rights (IPRs) and the scope of the software licences granted—licences can be exclusive or non-exclusive, transferable or non-transferable, subject to territorial restrictions or restricted to certain business activities. Variables of this kind (as well as the duration of the licence) will have a significant impact on the value of the software contract
- Physical control of the software—consider in what form the software will be delivered, installed, tested on relevant systems and approved and who by in each case.
- Liability—confirm which losses arising from failure of the software or breach of contract are either excluded or will be recoverable. For example, consider whether standard exclusions of liability for 'lost profits' or 'lost data' are appropriate in each case
- Services—beyond providing the software, confirm which additional services will be provided. Key considerations include the hours of service, response and correction times, service levels and remedies for failure to achieve those levels. Confirm whether services will be provided at the customer's premises or remotely. Confirm the response times for responding to or correcting software faults
- Change control—software contracts need to be flexible enough to take into account changing business priorities. Software agreements should include effective change control and dispute resolution procedures
- Miscellaneous issues—depending on the precise nature of the agreement, there may be restrictions on the export of software, escrow arrangements and/or tax implications flowing from software contracts
Our commercial law experts can assist you with any matters pertaining to E-commerce and software agreements. Speak to one of the team at Talbots Law on 0800 118 1500 for advice today.
- Nicola Reeve
- Director and Head of Commercial Property & Corporate Services
- 07932 679673
For more information please contact us