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eCommerce and IT Services

eCommerce and IT Services 

In a world where technology is not just the future but is essential to some aspect of every business’s operation, Adam Bernard Solicitors is proud to present an innovative range of eCommerce and Information Technology focussed specific contracts.  The regulatory considerations for online businesses differ greatly from the traditional physical business model, as such, it is incredibly important that the contracts used by businesses with a virtual presence are compliant and mindful of this.

Cookie Policies

Under the Privacy and Electronic Communications Regulations and the Retained EU Law version of the General Data Protection Regulations, a user’s permission must be obtained when websites ‘monitor’ them in any way. Monitoring includes the use of placing cookies (small data files) onto the web browsers of customers. Websites generally use cookies to make the experience personalised to the users as cookies will remember user behaviour for the purpose of advertising. Legislation calls for greater transparency for users by enabling them to see which cookies are used, how they will be used and allowing them to consent, which are the components that make up a Cookie Policy. A comprehensive cookie policy ensures that your business is compliant with regulations based on the specific cookies that are most useful to the business sector in which you operate.

Privacy Policy

A Privacy policy is a required statement for a user of a website to accept the terms in which their data will be used. Specifically, it deals with the use of sensitive or personal information which can include, name’s as well as any contact information and/or financial information. The business must then disclose how they will use this information, the reason they are collecting it as well as the amount of time it will be held for and if there is another party who will have access to this information.  Different businesses require these to match the activities they carry out and, to comply in the region/s in which they operate.

eCommerce/Market Place Terms and Conditions 

eCommerce Terms and conditions govern the way in which your business sells goods online and is an essential consideration in light of the Consumer Rights Act 2015 which applies to all forms of consumer contracts. It also highlights specific terms in your agreement with the consumer and allows your business to regulate at what stage the contract with the consumer becomes binding in a sale. For example, is it when the consumer clicks “buy now” and checks out or will the payment not be processed until your business sends a confirmation email? The difference may seem irrelevant however, it can cause major operational issues and possible legal issues if you don’t have the capacity to fulfil the product in line with the customer’s expectations.

Online Service Terms and Conditions / Website Terms and Conditions / Website Terms of Use 

The Online Service Terms and Conditions regulate the way in which the website is used by visitors. These are not exclusively just for websites that sell products or services (eCommerce’s), but under the Electronic Commerce Directive any business that has an online platform must include certain details of themselves to remain compliant. These will typically include the details of the business such as the name, details of the privacy and cookie policies, a disclaimer for any third-party links as well as permissions associated with website content, as well as other specific terms related to the use of the website by the user.

IT Services Agreement / Service Level Agreement 

An Information Technology Services agreement is a business-to-business (B2B) agreement that is specific to IT related businesses who offer a range of services that can include webhosting, helpdesk services amongst a range of other industries. It ensures that the list of responsibilities that the business is required to carry out are outlined as well as, sanctions and procedures for not carrying these out by a specific time period.

Online Subscription Terms and Conditions 

In the wake of the pandemic, many businesses are looking for alternative pricing methods to accommodate those businesses that are no longer able to make significant one-off payments. Similar to general Website Terms and Conditions, the Subscription Service Terms and Conditions encompass the rules and regulations behind the subscription service that your website offers. This ensures that customers are fully aware of the terms of use of the service and what is deemed acceptable behaviour as well as, giving the business essential legal protections.

Online Supply of Goods and Services (B2B) 

This is a business to business (B2B) contractual agreement that aims to regulate trade, whether this is goods or services or both. It ensures that online businesses and suppliers are able to legislate in accordance with both the law and their own individual business terms of use and interests.

White Label Agreement (Mobile Application) 

A white label agreement for the purpose of a mobile applications is to facilitate the development of the application by allowing the manufacturing to be outsourced by one business for the other business. Party A in this scenario would produce the application for Party B, the agreement would come in place to ensure that the material produced would still belong to Party B as they are the ones to commission this specific template.

Mobile Application End User Agreement 

This agreement is specifically for the users of the mobile application to accept the terms of its use. Due to the fact that a mobile application essentially sells the user a copy of their intellectual software, this agreement ensures that they do not use the software in a way not deemed acceptable to the developer. It helps to safeguard the product and commercial interests of the developer and to restrict the rights in the distribution of the product.

Mobile App Privacy policy 

A mobile privacy policy, similar to a website privacy policy, states the way in which the application uses and process the data of the user. GDPR requires this statement when a business uses or keeps any amount of personal data from a user, we can cater these for UK, EU and/or international legislation in order to remain compliant.

Website Linking License 

A website linking license is an agreement that allows one business to link another website or its contents to their own website for their users to enjoy. This is a very simple agreement that ensures that the content is used responsibly, and that the original producer remains to be the intellectual property owner.

How does it work?

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Why Adam Bernard Solicitors?

  • We are committed to doing things different; that’s why we offer a wide, innovative range of contracts that you simply won’t find anywhere else.
  • We are insistent upon excellent value; our fixed price model will ensure that you don’t encounter any surprises along the way.
  • We want you to understand the value of our work; therefore, we will provide you with a supplementary easy-to-read break down every time we complete a contract for you.
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