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DATA LICENCE AGREEMENT (Data supplier)
In this contract the data supplier/owner is providing a data “feed” to add its data under license to a database owner’s database. A database owner may not itself create any original “raw” data, but rather, select and license data from several sources as well as keep such data continuously updated. The terms cover what can and cannot be done with the data and suggests various charging structures. Read moreRead more
DATA PURCHASE AGREEMENT(Database owner)
In this Contract, a database owner is purchasing data for the purposes of creating and refreshing a database which is subscribed to by end-users. The database owner may either provide the data to end-users in the form in which it is supplied (i.e. "raw" data) or as part of a larger "added value" service to customers, the latter being the example in this Contract. Read moreRead more
DISCLAIMERS (hard copy material)
Disclaimers attempt to exclude liability for material contained either in hardcopy manuals, instructions, advisory material or textbooks on any subject or on websites by the author/publisher Read moreRead more
DISCLOSURE AGREEMENT
Agreement which permits the disclosure of information by a party bound by non-disclosure provisions. Read moreRead more
E-COMMERCE PLATFORM LICENCE AND USER AGREEMENT
plug and play' shopping mall to list products and contract all parties in the supply chain of selling goods or services online (eg manufacturer, supplier, retailers, selling agents, distributors, delivery agents and customers) to use the same e-commerce system Read moreRead more
eBOOK PUBLISHING AGREEMENT (Author)
eBook publishing is the digital publication of books and written material, which are usually sold via a Publisher’s website (e.g. Amazon Kindle, iBooks). This contract is drafted for the benefit of the Author, who does not grant exclusive worldwide rights to the Publisher but keeps more control of the exploitation of the Author’s own copyright material. This Contract is drafted in the format of a contract for services for the Publisher to provide development, publication and marketing services to the Author rather than a traditional publishing licence. This contract allows the Author to be solely in charge of and have final approval of the entire content and production of the eBook including the title, style and design as well as the method of distribution. It also enables the Author to approve the Publisher’s marketing and promotion plans to ensure the widest possible exposure for the eBook to the greatest number of potential purchasers worldwide Read moreRead more
eBOOK PUBLISHING AGREEMENT (Publisher)
eBook publishing is the digital publication of books and written material, which are usually sold via a Publisher’s website (e.g. Amazon Kindle, iBooks). This contract is drafted for the benefit of the Publisher with exclusive worldwide rights to publish the material in all manner of digital formats and is solely in charge of the title, style, design, price, promotion, sale and distribution. The Author warrants that the work is original and is the sole owner also that the material is not in any way objectionable on grounds that it is e.g. unlawful, defamatory, infringing, misleading or deceptive. The Publisher will sell the eBook via its website, collect all sales revenue and pay the Author a percentage royalty of the net receipts. Read moreRead more
ESCROW AGREEMENT
An escrow agreement is essential where software is vital to any party’s business. A licensee should ensure that the software owner/licensor will make the source code available to the licensee by depositing it with an independent third party (an escrow agent) so that if the software owner/licensor goes out of business or is in material breach of its obligations, the source code is released to the licensee so that the software can continue to be supported. This contract is for a single licensee to sign but the deposited source code is not checked (or verified). Read moreRead more
ESCROW AGREEMENT
An escrow agreement is essential where software is vital to any party’s business. A licensee should ensure that the software owner/licensor will make the source code available to the licensee by depositing it with an independent third party (an escrow agent) so that if the software owner/licensor goes out of business or is in material breach of its obligations, the source code is released to the licensee so that the software can continue to be supported. In this contract the deposited source code is checked (verified) to ensure it is the right software which the licensee is using. This contract is for a single licensee to sign. Read moreRead more
ESCROW AGREEMENT
An escrow agreement is essential where software is vital to any party’s business. A licensee should ensure that the software owner/licensor will make the source code available to the licensee by depositing it with an independent third party (an escrow agent) so that if the software owner/licensor goes out of business or is in material breach of its obligations, the source code is released to the licensee so that the software can continue to be supported. This contract is for multiple licensees to sign a registration schedule to the Escrow Agreement to receive the benefit or the escrow arrangements but does not provide for verification of the source code Read moreRead more
ESCROW AGREEMENT
An escrow agreement is essential where software is vital to any party’s business. A licensee should ensure that the software owner/licensor will make the source code available to the licensee by depositing it with an independent third party (an escrow agent) so that if the software owner/licensor goes out of business or is in material breach of its obligations, the source code is released to the licensee so that the software can continue to be supported. This contract is for multiple licensees to sign a registration schedule to the Escrow Agreement to receive the benefit or the escrow arrangements and does provide for verification of the source code. Read moreRead more
EVALUATION AGREEMENT
Contract to give a company or end user an evaluation period during which it can use/test eg software or a new system prior to accepting and paying for it in full. Read moreRead more
FACILITIES MANAGEMENT AGREEMENT
This Contract is for the appointment of an independent third party manager with the skills to perform all necessary tasks to ensure proper, efficient and effective use, operation, management and support of new technologies and/or computer systems. Includes performance standards and service levels to be agreed with the manager, appointment of an independent third-party to advise on any disagreements and on termination, the orderly transfer back to the client or to a new manager of the services, equipment and staff. Read moreRead more
Force Majeure Clause
Force Majeure Clause 2020, including the Covid-19 pandemic.
GUARANTEED RESPONSE TIMES FOR SUPPORT
Typical support services include 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). It must be noted that if response times to fault calls are agreed to form part of the support contract, failure to perform can be regarded as breach, so great care must be taken by the contractor when agreeing to include the same. This Contract is an example of these. Read moreRead more
GUARANTY OF AGREEMENT
A Guaranty is an agreement by one party (in this Contract, the Software Owner) to perform the obligations of another (the Distributor) where that party fails to so perform. Read moreRead more
INTERNET SEARCH ENGINE OPTIMISATION AGREEMENT (SEO)
Designed to contract a search engine optimisation/ web positioning consultant to provide services which will increase the website owner’s chance of having its website found when searched for by internet users. Such services may include the creation of doorway sites, micro sites, mask sites, cloaking sites (ie smaller targeted excerpts of existing website but digitally tailored to attract specific search engines and channel traffic to the actual website) as well as the creation of meta tags, key words/terms, multiple links, specific multiple URLs and other ‘devices’ to attract search engine ‘spiders’ to the website for the purpose of gaining a placing in the top 10 to 20 listed sites on any search engine. Read moreRead more
INTERNET SERVICE PROVIDER AGREEMENT
For use between an ISP and any company or individual which wants access to the Internet. Connectivity is the key offering. Read moreRead more
JOINT SOFTWARE DEVELOPMENT AGREEMENT
This contract provides the contractual basis upon which two or more software authors may collaborate in developing software. This can be mutually beneficial in many ways, not least of which is the sharing of costs, widening of markets and the pooling of resources to develop new ideas and a new software product in a shorter timescale. It includes provisions for ownership, liability, enhancement and support. Read moreRead more
MAINTENANCE SERVICE AGREEMENT
This contract provides for the appointment of a third party maintenance organization to provide end-user support for its product. It provides for “call control” and “fault-tracking” for the analysis and logging of all product faults and repairs and for “warranty” and “board” repairs on behalf of the supplier. Read moreRead more
