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SOFTWARE DISTRIBUTION AGREEMENT (Owner)
Drafted for the benefit of the Software Owner (who may also be the developer) to appoint a distributor to market and distribute its pre-packaged software whilst retaining sufficient control and “feed back” of information from end-users, licensing and support options, territory and right to appoint dealers. Read moreRead more
SOFTWARE LICENCE AND SUPPORT AGREEMENT
This Contract joins the principal terms of a Software License and separate Software Support Agreement in one contract, the effect of which is to incorporate software support as an integral part of the software license. Read moreRead more
SOFTWARE LICENSE
This Contract is a typical software license which an end-user customer receives, signs and returns in order to obtain a software program. Such a license tends to be used for higher value software not obtained ‘off-the-shelf’. The license should be returned signed prior to delivery of the software to ensure that the customer is bound by its terms - and in particular that the customer is aware that it is being granted only a right to “use” the software upon certain conditions (hence the use of a license) and will not “own” the software. For software licences which are “constructively” accepted (ie not signed in ‘wet ink’) see: shrink-wrap (Contract 2), click-wrap (Contract 61A) and browse-wrap (Contract 61B). Read moreRead more
SOFTWARE ROYALTY AGREEMENT
Contract between a company/employer and an employee/developer to provide terms for software development which falls OUTSIDE the ordinary course of employment of that employee. (If such development is within the employee’s course of employment then it is owned by the employer in the majority of jurisdictions unless otherwise expressly agreed otherwise). In this contract the company/employer bears the cost of the development whether the employee works on its creation during his/her working hours. This agreement provides for the payment to the employee of an agreed percentage royalty based on the end user price/licence fee of each copy of the software sold/licensed by the company or any distributor or agent. Read moreRead more
SOFTWARE SUPPORT AGREEMENT
This Contract provides the licensee with software support. It includes a variety of support services, an ‘Online Helpdesk’ (where the customer can message software problems and receive a reply via a support portal), “Online Remote access” (where support staff can link to the customer’s computer) and perhaps additional options such as a “Telephone Hotline” and, as last resort, “on-site” support if the customer is willing to pay for a premium support service. Customers with business critical software may also request further additional premium support options which it will pay extra charges for including having support services outside normal working hours including weekends or 24x7 and/or request on-site support as well as a ‘Guaranteed Response times’ (i.e. the contractor’s guarantee that support calls are responded to within X hours of a fault report/call being made – see Contract 3B). Read moreRead more
Statement of work (template)
Typical statement of work (SoW) template ready for detailed requirements for work or project to be carried out by the contractor, giving suggested headings for typical stages, work type, deliverables, timetable and milestones towards Go-live/roll-out/handover/
SYSTEM SUPPORT AGREEMENT
This Contract provides the licensee with software support. It includes a variety of support services, an ‘Online Helpdesk’ (where the customer can message software problems and receive a reply via a support portal), “Online Remote access” (where support staff can link to the customer’s computer) and perhaps additional options such as a “Telephone Hotline” and, as last resort, “on-site” support if the customer is willing to pay for a premium support service. Customers with business critical software may also request further additional premium support options which it will pay extra charges for including having support services outside normal working hours including weekends or 24x7 and/or request on-site support as well as a ‘Guaranteed Response times’ (i.e. the contractor’s guarantee that support calls are responded to within X hours of a fault report/call being made – see Contract 3B). Read moreRead more
SYSTEM TURNKEY AGREEMENT (Contractor)
For the coordination and supply of computer hardware, licensing/sublicensing of software; its installation & testing, “bringing into service” and handing over the System to the customer. Includes stage payments to the contractor such that the contractor receives regular payments eg upon delivery of the various parts of the system and payment for work carried out by the contractor on a regular basis (e.g. monthly) to minimise its risk. Read moreRead more
TELECOMMUNICATIONS AGREEMENT
Contract relating to voice and data communication services including: asynchronous, synchronous and bisynchronous dedicated and dial-up communications connectivity for domestic and international users and data suppliers. Read moreRead more
US DESIGNATION OF AGENT (BY ISP)
The US Copyright Office introduced an online system of registration of designated copyright agents nominated to receive any notification of copyright infringement and an electronically generated directory of their contact details. Read moreRead more
WEBSITE ACCEPTABLE USE POLICY & CODE OF CONDUCT
Acceptable Use Policy is intended to ensure the integrity, security, reliability privacy and proper, legal use of the content of this website as well as the computer servers, services, websites, data and work product of a system Read moreRead more
WEBSITE BANNER/POP-UP ADVERTISING AGREEMENT (Advertiser)
For the advertiser, the more visitors/users who “hit” a website, the more valuable that website becomes to advertisers, who will pay to have their advertising “banners” or “pop-up” appear on the websites with a high amount of traffic. The advertiser will want to choose the best display location on the website (usually the home page) for its advert so as to be instantly seen by website visitors. Also, the advertiser may want a specific period of time to advertise (e.g. pre-Christmas offers) so may want exclusivity for that period with no other competitive advertiser on the website. The cost of the advert is also an essential consideration and how it is charged (e.g. per click/per impression/per period). Read moreRead more
WEBSITE BANNER/POP-UP ADVERTISING AGREEMENT (Website owner)
For the website owner, the more visitors/user who “hit” their website, the more “traffic” it generates, thus the more valuable that website becomes to advertisers, who will pay to have their advertising “banners” or “pop-up” appear on the websites with a high amount of traffic. Choosing the right number and mix of adverts will ensure that its visitors will keep coming back. The website owner must also ensure that an advert will not devalued its website or the webpage that it is displayed on by being unsuitable or even illegal or harmful, thus (as this Contract is drafted for the Website Owner’s benefit), Clauses 4 and 7 contain warranties and undertakings of the advertiser in this respect. Read moreRead more
WEBSITE CONTENT LICENCE AGREEMENT (Content Owner)
Displaying the right content on any website is essential for users, visitors, advertisers and suppliers alike so the website owner can licence selected content from a third party provider. This contract is drafted for the content provider’s benefit so includes safeguards including that the content is not devalued by being placed on unsuitable illegal or harmful, websites or webpages or next to material it does not want to be associated with. Read moreRead more
WEBSITE CONTENT LICENCE AGREEMENT (website Owner)
Displaying the right content on any website is essential for users, visitors, advertisers and suppliers alike so the website owner can licence selected content from a third party provider. This contract is drafted for the website owner’s benefit so includes safeguards that the content is up-to-date, accurate and is not illegal or harmful. Read moreRead more
WEBSITE DEVELOPMENT AGREEMENT (Client)
Designed for use between a website developer/designer and a client wishing to have a website developed, built and supported by the developer. This contract also protects the intellectual property rights of the client in the creation of the website and in any new processes or inventions which arise during development. The client also has extensive and stringent warranties and acceptance testing to ensure that the website turns out to be the product that is envisaged as well as a development timetable with liquidated damages to be paid by the developer for their delay. Also, payment terms linked to successful development. Read moreRead more
WEBSITE DEVELOPMENT AGREEMENT (Developer)
Designed for use between a website developer/designer and a client wishing to have a website developed, built and supported by the developer. This contract also protects the intellectual property rights of the developer in the creation of the website and in any new processes or inventions which arise during development. Read moreRead more
WEBSITE HOSTING AGREEMENT
Website hosting is a service which provides any individual, company or organisation with storage space on the provider (“web host”)’s server or on the user’s own server at the provider’s location to load its website and have connectivity to the internet. This document can be used whether the hosting is actual physical hosting or Cloud ‘virtual’ hosting and has options for “Click-wrap” or “Browse-wrap” acceptance. Read moreRead more
WEBSITE PRIVACY STATEMENTS
policy which advises users/visitors what information is gathered automatically when they use the website, what they themselves disclose to fulfil an enquiry or order and what the operator will or will do with their personal information. This gives 2 typical standard examples: Example 1: For a Professional confidential website—with non-disclosure of personal data; Example 2: for a Retail website— with some disclosure of personal data. Read moreRead more
WEBSITE TERMS AND CONDITIONS
the terms and conditions by which users may access, view and use their website, the information which it contains and the materials or products which may be available on it together also with the “public” areas, chatrooms or fora where users may leave feedback or comments. These terms and conditions are essential to safeguard against unlawful, illegal or predatory activities and give recourse to the website owner to act. Read moreRead more
