In Short
- Tech lawyers help businesses navigate legal risks in a fast-changing digital landscape.
- They handle areas like intellectual property, data protection, and contracts.
- Having a tech lawyer ensures your business is legally protected and ready for growth.
Tips for Businesses
If your business relies on technology or digital platforms, it’s important to have legal support to navigate areas like intellectual property, data protection, and compliance. Engaging a tech lawyer early can save you from costly mistakes and help ensure your business is well-positioned for future growth.
The term “tech lawyer” describes a specialised lawyer with experience providing legal services to clients in technology industries. A tech lawyer can help you draft, review and negotiate technology-focused agreements. These might include software, e-commerce, intellectual property, procurement, development, managed services, software as a service (SaaS), and licensing agreements. They can also assist with resolving disputes arising out of such agreements. If you have software as a service product, other tech business or service with an online presence, you should seek legal advice from a tech lawyer. This article will explore five common tech agreements you should consult a tech lawyer for to protect your tech business.
App/Software Development Agreement
If you run a tech business that provides app or software development services for each client, you should set out the terms that have been agreed upon in a development agreement. The agreement should clearly outline exactly what services you provide and, if possible, have a well-set out phases and timing schedule. This will ensure that both parties are aware of the services and expected deadlines and help avoid disputes between you and your customers. In addition, it is helpful to have clear intellectual property clauses, which assign the rights of the final app or software to your client or you as the developer. Furthermore, this ensures that your proprietary intellectual property used in the development remains your property and protected.
E-Commerce Agreement
If you sell products online, you will need an e-commerce agreement, usually in the form of a terms and conditions document. The terms and conditions should set out:
- the products you are selling;
- the price;
- payment terms;
- what happens if goods are damaged; and
- what rights your customers have under the Australian Consumer Law.
Businesses in Australia must provide mandatory guarantees for any goods that are damaged or of less than merchantable quality.
Continue reading this article below the formEnd User Licence Agreement
If you have developed software and you enable customers (and their staff) or the general public to use it to protect your business interests, you should have an end user licence agreement. The agreement should indicate what is being provided, and it should be clear that you are granting the end users a licence to use your software, but this licence does not mean that they are given any rights, title or ownership to the intellectual property.
Service Level Agreement
If you provide some form of managed IT services, then you may require a service level agreement between you and your customers. A service level agreement will set out the quality of service your customers expect from you. For example, this may specify downtime and uptime promises. Accordingly, you should be careful not to commit to obligations that you may not be able to meet. The agreement should also contain a strong set of disclaimers and limitations of liability to ensure that you are not held responsible for any loss or damage which may be suffered by your customers that is beyond your control.
Download this free Commercial Contracts Checklist to ensure your contracts will meet your business’ needs.
Software as a Service Agreement
If you provide your software as a service, you will need software as a service agreement or SaaS agreement. This agreement can be signed by your customers or accepted online at the time that customers register to use your software. This agreement will set out:
- the services that you provide to your customer;
- what fees the customer must pay;
- how a customer can end this agreement;
- prohibited uses; and
- potential losses or damages the customer may suffer, which you are not responsible nor liable for.
Each of these clauses is important to ensure that both parties understand their rights and responsibilities under the agreement. A detailed agreement will help prevent disputes and save you time, money and hassle. This type of arrangement can assist you in securing cash flow, unlike other software business models.
Privacy Policy
Beyond being able to draft your tech agreements, a tech lawyer can also advise you on the requirements of a privacy policy. A privacy policy sets out how your business handles personal information. If you are an Australian Privacy Principles (APP) entity, you must have a privacy policy that complies with the APP under The Privacy Act 1988 (Cth). If you are a tech business, having a tech lawyer draft your privacy policy is important. This is because tech businesses often handle large amounts of data from clients and employees to provide their services. A tech lawyer will ensure you cover all requirements for the storage and security of data.
Key Takeaways
If you have a software as a service product, other tech business or a service that has an online presence, then a tech lawyer can be of great value to you. A tech lawyer knows technology industries well and can help you draft tech agreements such as software, e-commerce, intellectual property, and licensing agreements and also assist with resolving disputes arising out of these agreements and drafting privacy policies.
If you need help with your business structure, our experienced IT lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
A tech lawyer is a specialised lawyer with experience providing legal services to clients in the technology industry. A tech lawyer can help you draft tech agreements such as software, e-commerce, intellectual property, and licensing agreements and assist with resolving disputes arising from these agreements and drafting privacy policies.
A tech lawyer can help you with various technology agreements, including software, e-commerce, intellectual property, procurement, development, managed services, software as a service (SaaS), and licensing agreements.
We appreciate your feedback – your submission has been successfully received.
