The Consumer Protection (Distance Selling) Regulations 2000 (the DSRs) contain an intricate set of rules concerning the cancellation, by consumers, of distance contracts for the supply of goods. A different set of rules concerns the cancellation of distance contracts for the supply of services. But nowhere in the Regulations is there any guidance on the […]
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Customer testimonials and the law
Testimonials are a good way to reassure potential customers that your business is genuine, and your products or services are well-regarded by existing customers. By way of example, you can see ours here. There are however a couple of legal issues you should bear in mind if you’re thinking of collating and publishing testimonials on […]
Web partnership contracts involving content-based promotion
Partnerships are an important part of many website marketing strategies, particularly content-based partnerships. Through such partnerships, a website operator can access the anonymous traffic, registered users and marketing lists of others. Just as important, an operator can gain access to original and relevant content for his or her own audience. In many cases, partnerships are […]
Website design, contracts and designer credits
Many web designers include credits (“Designed by XYZ”) as a matter of course on the websites that they create. Many web design contracts do not, however, cover the issue of credits. Whilst in some cases contractual clauses relating to credits may be overkill, in other cases they can be very useful indeed. This post examines […]
Notes on manufacturing, exclusivity and competition
One of the more contested provisions in many types of manufacturing contract is the non-compete or exclusivity clause. Customers often want to restrict the rights of manufacturers to use customer know-how to compete against the customer. Indeed, they may want to go further than this, restricting the rights of manufacturers to use know-how gained simply […]
Cloud service reseller agreements
Cloud services reseller agreements seem to be in vogue. Enquiries about agreements for the resale of software-as-a-service systems keep cropping up in my inbox, and I’ve taken on several instructions in the past few weeks. Software vendors have long relied upon resellers to market and sell traditional software licences. Quite naturally, the reseller model is […]
7 deadly sins of contract drafting
Every contract lawyer has his or her drafting bugbears and hobby-horses, problems that they look for – and frustratingly find – time and time again in other lawyers’ contracts. This is my list. Not all of these sins are really deadly. Some are merely embarrassing. Some I commit myself, sometimes deliberately. Others, however, carry real […]
Contract contraction: is short the new long?
In the early part of my legal career, most of the clients I worked for were lawyers or legally trained, and a 50 or 500 page contract was nothing special to them. Most of SEQ Legal’s clients aren’t lawyers, and I’m sometimes asked about the size of legal documents. Do they really need to be […]
Troll hunting: forum abuse and the law
A troll is defined in the Urban Dictionary as “one who posts a deliberately provocative message to a newsgroup or message board with the intention of causing maximum disruption and argument”. The etymology seems to be disputed. My preferred explanation is that the usage comes – via the Usenet group alt.folklore.urban – from fishing, where […]
10 things you should know about … publishing law
The law relating to the publication of books, journals, newspapers, magazines and their electronic equivalents is, I think, one of the most interesting areas of legal study. Although the core principles of publishing law are enduring, change is a constant. The manifestation of the principles of the law of publishing in legislation and case law […]