The Consumer Rights Act 2015 comes into force on 1 October 2015. The Act has far-reaching implications for business providing goods, services and digital content to consumers. I’ve just finished updating the templates on Website Contracts to take account of the new rules. The updated documents are listed below. Sale of goods templates Terms and […]
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SaaS reseller agreements revisited
Back in October 2012 I wrote this post on the different relationship models that may be used in software-as-a-service (SaaS) channel partner agreements. To my surprise, the post provoked quite some interest. Since 2012, I’ve drafted and negotiated many more such agreements. Nonetheless, I still find that SaaS reseller agreements can be tricky; and if […]
Legal document generator
EDIT: the first version of the software is now available (including lots of free documents) here: https://docular.net. I’ve been working for the past 2 years on a web-based software system to store contract text and legal drafting knowledge in a modular fashion, and to make the production of legal templates and documents based on that […]
Software support SLAs
Written contracts covering the provision of software support services often incorporate some kind of service level agreement, or SLA for short. If you have been tasked with preparing or negotiating a software support SLA, and are looking for some guidance, this post should help you. SLAs may cover more than just software support services. For […]
End user licensing: approaches to creating enforceable rights
The term EULA is widely abused: I’ve just finished a telephone conference where it was applied, by someone who should know better, to a proposed contract covering not only licensed software but also hosted software services, consultancy, support and much else besides. I therefore want to clarify what I mean by EULA and “end user”. […]
Consumer contracts regulations: sample clauses
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 are coming into force next week. They include a detailed list of information that a trader must provide to a consumer in situations where the Regulations apply. Should you use the model instructions on cancellation to help you comply with this requirement, or should you […]
New distance selling laws: 8 key compliance points
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply special rules to B2C distance contracts entered into via a website, as well as certain other contracts (not discussed here). The Regulations, effective on 13 June 2014, replace the Consumer Protection (Distance Selling) Regulations 2000. See: http://www.legislation.gov.uk/uksi/2013/3134/contents/made Unfortunately, the rules are rather complex. This […]
Online advice: worth the risks?
Whether you are purchasing legal forms and templates, seeking a medical diagnosis, getting insider information when choosing a school or university, or soliciting the opinions of product aficionados on a prospective purchase, there are many ways to get guidance and advice online – but what are the risks for those providing this guidance and advice? […]
The website operator defence: will it really make a difference?
Website operators facing defamation action over users’ posts can now rely on the new ‘website operator’ defence. To use the defence, the operator must comply with a prescribed process after receiving a notice of complaint about allegedly defamatory material posted online. The defence follows increasing concerns about defamatory digital content posted by website users – […]
10 key facts about English contract law
In this article James Normington of New Park Court Chambers explains some of the key points of English contract law. Every businessman and women should be familiar with these concepts. Contracts occur in every business. It might be as simple as the agreement with the milkman to deliver the milk and your obligation to pay […]