BUSINESS OBJECTIVES ACHIEVED
Technology is developing rapidly and forms an integral part of most businesses. We understand how important information technology is to a business, whether they operate within the Digital or IT sectors or simply rely on technology on a day-to-day basis.
We assist clients to build and develop their technology platforms and work with businesses who already have these in place. No matter what size your business is, we will ensure that we understand your technological needs and assist you in achieving these.
We advise clients on a wide range of technology issues, including:
Our clients in this sector include software companies and also developers, digital marketing agents and other IT companies.
Our team of experts are able to create both standard and bespoke contracts, agreements and policies to ensure that each individual client's requirements are fulfilled and to ensure that our clients are keeping up-to-date with the fast-paced sector. We can assist in the execution of these documents and where necessary enforcing a client's right in relation to these.
We note that where legal IT support is required, often Intellectual Property law advice is necessary. Our specialist lawyers are able to provide full assistance to ensure that clients receive the most pragmatic and strategic approach, in a time efficient manner.
Information Technology law can be a complicated and time consuming affair so it pays to call on the help of experienced solicitors with years of experience.
An End User Licence Agreement (EULA) is a licence between the developer or publisher and the end-user which allows the end user to use the app / software. A well drafted EULA will, for example, outline the developer's / publisher's obligations any restrictions on usage, limits on the liability of the developer / publisher and the mechanism for termination use of the App / software.
Prior to installing or accessing the software, the user will be required agree to the conditions of the EULA, which means they have accepted any terms set by the developer or publisher.
The sale of goods 'online' is defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013) as a distance sale. As such, businesses operating in this sector need to ensure that their terms and conditions include specific content. From a practical perspective, the terms must include the business's contact details, details of how payments are made and the method for returning goods.
The terms should also outline the customers ability to return the goods and / or cancel the contract between the parties. Where the customer is consumer, the customer is entitled to cancel the contract within 14 of them receiving the goods (albeit subject to some restrictions).
Code written in relation to a specific software project can be protected by copyright law. However, copyright law generally covers the artistic elements of a software program rather than the functional elements. On this basis the appearance of a website, for example can be subject to copyright protection, whereas the source code used to produce it would not.
Businesses should ensure that when engage with a developer any intellectual property rights are correctly assigned. While material subject to copyright is normally retained by an employer, when engaging with a third-party it is imperative that the beneficiary of the work ensures that they retain full intellectual property rights (under English law the author of the code would normally retain the copyright of software).
The business will also need to verify that the party purporting to assign the rights to it is the actual owner, and that any contract between the parties contains a comprehensive IPR warranty and indemnity from the developer.
A business developing a website will want to make sure that it does what its are supposed to do. In this context, it is advisable to include an acceptance tests into the contract between the parties.
Such a test will provide various safeguards, including allowing for minor discrepancies or the ability for the developer to rectify its work if it does not pass the tests first time around without being deemed in breach of contract.
A developer may also insist on "deemed acceptance" provisions within the acceptance test clause. Such will outline how if the customer does not respond within a certain amount of time after the developer has made delivery, the website is deemed accepted and the final payment becomes due.