Documents to Bring to Your Attorney If Your Web Development Company Is Suing Someone or Being Sued

Unfortunately, there comes a time in almost every business owner’s life where they have to cope with the inconvenient, and often expensive, reality of a lawsuit. Even the most responsible, thorough business owner can find themselves in a situation where a client is unsatisfied or feels that you, the business owner, have cost them money. In business dealings, clients often seek legal recourse as a means to repair any damages.

From the beginning of a business relationship, maintain a constant paper trail. Get everything in writing – approvals, changes, conversations, everything. Most importantly, put your business agreement into writing before any money or services are exchanged, preferably using the appropriate legal document template. Downloadable legal template and software are available online through websites such as ContractEdge.com.

Having physical proof and hard evidence showing what was agreed upon and what actually transpired protects you from the client coming back later and demanding something different or claiming they did not agree to something. This kind of proof is an essential part of the documents you will need to bring your lawyer should someone choose to sue you.

Your lawyer should be familiar with lawsuit cases and will more than likely need the following documents:

·         All communication with the other party (the client, business partner, vendor, etc.)

·         Any legal documents and agreements (independent contractor agreement, web site development agreement,                 etc.)

·         Summons and complaint issued by the other party

·         Any insurance you have (such as professional liability insurance, general liability insurance, etc.)

·         Dates and times of communication – basically a calendar of the events that transpired

·         Any witnesses or employees involved

·         Tax returns and other financial statements

·         Bills or invoices issued to/received by the other party

·         Incorporation documents

 

You can also bring anything else pertinent to the lawsuit such as notes from a phone call or meeting held with the client.

If you have physical evidence proving your point, such as an email where it is clearly stated, more often than not it will be difficult to prove that that did not happen. Taking measures such as getting everything in writing keeps you greatly protected and will save you money, time and long term stress.

Top 7 Provisions Needed in a Staffing Agency Employment Agreement

Staffing and employment agencies are in a unique situation when it comes to employment agreements. Unlike a regular employer-employee business relationship, staffing agencies do business by loaning out their employees to other companies. The employees are technically considered independent contractors and are paid through the staffing agency, not through the client.

This obviously presents some tricky legal issues. How do you protect your agency from poachers? If your independent contractors are performing like they should be, client companies will often want to hire them on permanently. As a staffing agency that needs reliable people you can trust, you want to hold on to your employees as much as possible.

One way to do this is through setting up clearly stated, well written, quality employment agreements and contracts that establish some rules regarding an employee’s working relationship with a client. You can include provisions that prohibit solicitation from both parties (your client and your employee) beyond the scope of the job they were hired to do.

Here’s a list of the ten most important provisions that should be included and clarified prior to the commencement of any work being performed:

1. Scope of Services – clearly define, as specifically as possible, what work will be performed by the employee for the client. If the contractor will be expected to answer phones while at the position, include that in the contract. If it’s not included, the contractor should not be expected to do it.

2. Price and Payment Terms – as with any business agreement, it’s important that the price and how payment will be collected are discussed and agreed upon before any work is performs.

3. Employee Solicitation/Hiring – be very clear that solicitation of contractors will not be tolerated and is in violation of their contract.

4. Term and Termination – identify the time window in which your employee will be working for the client and what the end date will be for work performed.

5. Intellectual Property – who has the rights to any work performed or created by your employee while working for your client?

6. Confidential Information – a non-disclosure agreement never hurts here. Assure clients that any and all information a contractor is privy to during his or her time at the client company is confidential and treated as sensitive information.

7. Limitation of Liability – clarify what your staffing agency and contractors will be liable for. This is a good time for a liability agreement stating what you are directly liable for.

Non-Disclosure Agreements for Software Developers

People that work in or around the software development industry are often privy to confidential information regarding the software they are currently developing. Receptionists, developers, and everyone else in the office has access to information regarding a particular project. With an NDA in place, the software developer can have greater protection for  his ideas.  If it is, he has legal recourse thanks to his non-disclosure agreement.

Having a well-written non-disclosure agreement will provide an extra measure of security to those who develop software programs for a living. Non Disclosure Agreements set conditions for the exchange and use of confidential information and materials between the developer and a business associate.  It requires the other party to hold sensitive information confidential . More importantly, it gives the software developer legal recourse if the software is used illegally or if the project is exposed to anyone other than whom the NDA allows.

Sometimes both parties desire protection of their confidential information.  A mutual non-disclosure agreement is a common way to keep information protected. A mutual non-disclosure agreement protects both parties when they need to share information without the general public knowing. These types of agreements are usually used to outline individual business processes in a confidential manner. Companies for whom the developer is creating software may require a non-disclosure agreement in place so that additional protection is in place to ensure that all those who are privy to the details of the software’s development do not share it with anyone else than those who are directly involved in the project.  There are many scenarios where a non-disclosure agreement can be a vital tool.

Successful Software Development and Intellectual Property

Ideas for great software solutions are born, more times than not, out of frustration.  Whether the current software offering is just not meeting necessary standards or if no software exists for a particular function, you have decided that you are going to attempt to create the next great piece of software.

While your skills at programming and code writing might be on par with the best in the industry, did you know that, unless protected, your intellectual property and hard work are up for grabs as soon as your product hits the shelves.  In other situations, you might be asked to develop particular software for a company or department.  If the proper steps aren’t taken to protect your product, as soon as you hand the information over to your client, it is no longer exclusively yours.

The best software developer in the world doesn’t stand a chance if clients or customers who buy their software are able to copy it and distribute it freely.  This is where it is important to have clearly defined terms of use.  When developing software with a specific client or company in mind, don’t be fooled into thinking that the software will be handled honestly once it leaves your hands.  Prior to any commencement on the new software, make sure that the client signs a contract. Not just any old contract though.  A software developer’s contract should contain these essential points:

•    Clearly defined ownership of intellectual property
•    Limitation of liability regarding the software
•    Project scope (Timelines, Extent of Software Development, Etc.)
•    Payment Structure and Schedule
•    Uses of the Software

While each contract and software development job will be different, the fact remains that protecting your intellectual property, and ultimately, your end product is of the highest importance.  Contracts for software developers as well as independent contractors in other fields can all be found by visiting www.ContractEdge.com.

Using Legal Contracts to Avoid Scope Creep

Scope creep occurs when a project strays too far off task due to changes being made or extras being added beyond the original agreement on expectations. Often a client will see something minor they would like to change and request that it be adjusted. One or two incidents of this are typically not a problem, but oftentimes such occurrences snowball and the amount of time spent working on a project ends up putting you over-budget.

Scope creep can cause difficulties for both the contractor and the client. The contractor will feel stressed and overworked because they are doing more wore than they were prepared to do. The client might feel dissatisfied when they ask for something extra and the client is unable to deliver.

There is one easy, simple solution: procure a well-written contractor agreement that clearly defines the scope of the project. Include what you are and are not willing to do, and where you are flexible.  Clearly stated contracts let clients know what to expect and when. They also detail how work will be delivered and what corrections or changes can be made, if any. This ultimately results in a less stressful life for the independent contractor and more satisfaction and value for the client.

The Importance of Having a Secure Office Network

As 2008 comes to a close, we are seeing a significant increase in information sent via intra-office networks.  While printing off a memo and distributing it to co-workers was common practice as recently as 15 years ago, today, most college students and new hires do not even know how to write one.  No, the days of thick files and paperwork are almost obsolete as more and more information is transferred over digital networks.

While this makes it easier to transfer data, it also makes this data easier to steal if you aren’t working on a secure network.  A thief would not even have to enter your building in order to steal information about your company, simply parking a van across the street and hacking into your network will do the trick.

Not only is it important to have a secure office network, it is important that the contractor who sets up your network has signed a contract to verify his work.  If information from a “secure” network happens to be stolen, someone is liable.  The initial liability will fall on the company that the information was stolen from.  You can protect yourself and your company by using a well written contract for all work that is done by outside contractors.  The contract should specifically assign responsibility, expectations and any potential liability that might arise from a lawsuit.  Having a sound legal document when working with contractors is as important as having a sound office network!

As more and more information becomes digital and contained in office networks, the more important it is to have a secure network.  In fact, many potential clients may refuse to do business with your company because of a lack of security on your network.  Companies will be hesitant to hand over their credit card information or other important information if it is to be contained on an unsecured network.  Do yourself a favor and get your network protection up to speed!

Importance of Contract Writing Professionals

Well Written Contracts Only Please!

If you work primarily in the IT field, it makes sense to use contracts that have been written by attorneys specializing in the IT field. I have heard many stories from those in the field that constantly turn to the “easiest” option when it comes to the drafting of their legal contracts and rarely do those stories end well. I always take great care to ensure that the contracts that bind my services and the services of those doing work for me have been tailor made to my exact field. A well written document protects me as an entrepreneur and it also ensures that the little differences between contracting in different fields do not get overlooked.

Software Development Contracts 101

If you’ve decided to outsource a software development project and now need to sign a contract, here are a few basic things to keep in mind. This is not legal advice, rather it’s compilation of a few things I found helpful for my own experiences.

First, make sure your project is well-defined. If you are having an e-commerce application developed, see that your development contract clearly states all of the functionality and the user interface (UI) completely. It is also good to clarify what process your developer will use throughout the process. This way you can easily monitor your project’s progress. By explicitly detailing your project, you are more likely to have your project completed correctly and in a timely fashion. As part of this process, make sure you define the documentation process. Clear and accurate documentation is a necessity, and without it your project can easily become bogged down.

Secondly, you are going to want to cover the software’s licenses. Who owns the work product? Is the software completely proprietary? What, if any, open source software projects are going to be used to help piece your project together? If you do not completely understand all of the license issues for your software, make sure you retain legal counsel.

Thirdly, ensure that the payment process is clearly spelled out. Check into what assurances you will receive from your software developers as to their financial viability. I had a project that was completely lost when our development firm was sued by a prior client and subsequently went bankrupt. These are important topics that should be addressed with your developer before committing to a business agreement.

Confirm that you have a warranty on your product. Code breaks. Make sure you have some reasonable expectations that your product will be reliable for a reasonable amount of time.

If this is your first time getting involved with a software development contract, make sure you use professional assistance. I would not suggest writing a software development contract on your own. Best of luck on your project and remember: you’ve turned to the experts to create your software. You might as well use experts to make sure your contract is also done correctly too.

How Do You Make a Better Independent Contractor Agreement?

The best part about being an independent contractor is the opportunity to be your own boss. On the flip side, the worst part about being an independent contractor has to be assuming all of the responsibility of being your own boss. One of the biggest issues that independent contractors face is the actual contracts under which we all must work. As an independent contractor, I understand first hand that your contracts are your life blood. If you don’t have any contracts you aren’t working, however, writing or developing a contract is a daunting task.
Here is a basic list of items that your contract should cover:

• The specific job or services to be performed.
• How much you are to be paid for your services.
• The time frame within which your services are to be rendered.
• Who owns the work product resulting from your services? This is a key issue, especially in IT independent contract agreements. Make sure that if you are giving up the rights to your work product that you are being fairly compensated.
• How often should the progress of the project be reported?
• The issue of disclosure is a huge one. Are you going to be subject to a non-disclosure agreement? Do you need to hold your employer to a non-disclosure agreement? It is important to remember to protect your intellectual property. Part of that is protecting your processes. If you are sharing sensitive material, knowledge or information make sure that you, as well as your employer are protected.

Once you have established general criteria for what you want your independent contractor agreement to contain, my suggestion would be to find a professional legal form service to provide you with your finished product. It is going to be easier for you to purchase a contract and have it tailored to your needs or to make slight modifications to a purchased contract then it would be to learn the appropriate laws and then subsequently write your own contract.

Legal Forms Websites – What to Look For

If I tried to woo potential clients without showing them a portfolio, or even a testimonial, how would I be able to land any business? It would be great if I could just tell people that I know web design inside and out and I’ll show them after they pay me.  The same is true for legal form websites: you need to know what you’re getting before you pay for it. There are many sites out there that provide existing contract templates and agreements for web designers, so make sure you use a company that won’t surprise you.

Ideally, a legal forms website should explain what will be included in their contracts in advance and show you the outline of what you are buying.  Using online legal form templates is a huge timesaver if you have no idea how to create a valid web design agreement.  Once you’ve downloaded the software, you can edit the agreements to your own specifications and then use it right away.  Using a service like this is so much better than paying twenty dollars for a .PDF that you know is just being resold to you in the first place.  Plus, once you’ve downloaded the software that contains the contracts and agreements, you can re-use them anytime – just edit to your specifications & go!