COMMERCIAL LAW

Services

contract

CLIENT CONTRACTS

Do I really need a client contract?

Yes! Client contracts are there to protect you and your clients. They cover payment, obligations, your liability if something goes wrong and set boundaries. Client contracts are also there to protect your energy.

Think of this – if you don’t limit your liability with a contract and something goes wrong, you could be sued for a lot of money.

contract

SUPPLIER AGREEMENTS

What is a Supplier Agreement?

A Supplier Agreement is an agreement between a business and a supplier for the products or services used. This is a legal document and guarantees the buyer their goods at a specific time/point. 

contract

NON-DISCLOSURE AGREEMENTS

What is a Non-Disclosure Agreement?

The purpose of an ‘NDA’ is to protect sensitive and confidential data from being made public. NDAs are important to make sure that your ideas and business concepts are not stolen/copied by anyone else. 

contract

WEBSITE TERMS AND CONDITIONS

What are website T&Cs?

Website terms and conditions (‘T&Cs’) should be on every website. This document can be linked at the bottom of your site and should outline the terms of which users can use your website. It should contain information like details of the website ownership, permitted uses of website content and registration requirements.

T&Cs should also be used for any landing pages you utilise as a business. 

contract

PRIVACY POLICIES

What is a privacy policy?

A privacy policy is a legal document that every single website should contain (yes, including yours!). It outlines what personal information your business collects and how you use it. This is important from a data protection perspective.

contract

COLLABORATION AGREEMENTS

What is a Collaboration Agreement?

This is an agreement for different parties that want to collaborate/work together. It sets out how they will work together, and what obligations and responsibilities they will have. There is no legal obligation to have one in place, but it is a way to ensure that the risks you may take are managed and if something goes wrong, you have a legally binding document to fall back on.

contract

ACCEPTABLE USE POLICIES

What is an Acceptable Use policy?

An acceptable use policy or a fair use policy, is a set of rules and guidelines used by the owner/creator of a website or a service that limit the ways in which the website or service may be used. 

contract

COOKIES POLICY

What is a cookies policy?

This explains how your business uses cookies on your website. You can have a privacy policy and a cookies policy as two separate documents or both combined as a privacy and cookies policy - having them together can save you money.

contract

NON-COMPETES

What is a Non-Compete?

This is a document/clause in an agreement made between an employer and an employee in which the employee agrees to not engage in any competition before, during or after employment. 

Non-competes can also be found in a contract for services for contractors – keep an eye out for this and make sure you understand the clause before signing.

contract

EMPLOYMENT AGREEMENTS

What is an Employment Agreement and why do I need one?

An employment agreement, or employment contract, is the contract used between employees and employers. It sets out the work schedule, benefits, salary and what is expected of the employee and employer. 

contract

DISCLAIMERS

What are disclaimers?

A disclaimer is a type of notice or warning that limits liability. For example, if you have a website, you will use a disclaimer to confirm that not all the information on your website may be 100% correct. We can review or draft a disclaimer for your website or business. 

contract

EMPLOYEE HANDBOOKS

What is an Employee Handbook and why do I need one?

This provides information on a company’s ethos, mission, culture, employee rights, policies and procedures, annual leave, and workplace conduct.  It should be available to all employees so that they have all the information they need to know about their job and the company. It can help protect employers against discrimination and unfair treatment.

contract

INTRODUCER AGREEMENTS

What is an Introducer Agreement?

This sets out terms between a business and an introducer. The ‘introducer’ is a person who will refer, solicit, or search for clients on behalf of the business. The agreement is used where the introducer does not sell or accept orders on the clients’ behalf. We can help draft/review this type of agreement.

contract

CONTRACTOR AGREEMENTS

What is a Contractor Agreement?

Also known as an ‘Independent Contractor Agreement’, this is a contract that outlines the working arrangement between a contractor and a client, covering factors like payment terms and length of the service. 

Something you need to be wary of here is IR35, which was updated in April 2021. This is the anti-tax avoidance legislation targeting ‘disguised employment’. Your Contractor Agreement must not include anything that makes you look like an employee.

COMMERCIAL LAW

Services

contract

CLIENT CONTRACTS

Do I really need a client contract?

Yes! Client contracts are there to protect you and your clients. They cover payment, obligations, your liability if something goes wrong and set boundaries. Client contracts are also there to protect your energy.

Think of this – if you don’t limit your liability with a contract and something goes wrong, you could be sued for a lot of money.

contract

SUPPLIER AGREEMENTS

What is a Supplier Agreement?

A Supplier Agreement is an agreement between a business and a supplier for the products or services used. This is a legal document and guarantees the buyer their goods at a specific time/point. 

contract

NON-DISCLOSURE AGREEMENTS

What is a Non-Disclosure Agreement?

The purpose of an ‘NDA’ is to protect sensitive and confidential data from being made public. NDAs are important to make sure that your ideas and business concepts are not stolen/copied by anyone else. 

contract

WEBSITE TERMS AND CONDITIONS

What are website T&Cs?

Website terms and conditions (‘T&Cs’) should be on every website. This document can be linked at the bottom of your site and should outline the terms of which users can use your website. It should contain information like details of the website ownership, permitted uses of website content and registration requirements.

T&Cs should also be used for any landing pages you utilise as a business. 

contract

ACCEPTABLE USE POLICIES

What is an Acceptable Use policy?

An acceptable use policy or a fair use policy, is a set of rules and guidelines used by the owner/creator of a website or a service that limit the ways in which the website or service may be used. 

contract

COOKIES POLICY

What is a cookies policy?

This explains how your business uses cookies on your website. You can have a privacy policy and a cookies policy as two separate documents or both combined as a privacy and cookies policy - having them together can save you money.

contract

PRIVACY POLICIES

What is a privacy policy?

A privacy policy is a legal document that every single website should contain (yes, including yours!). It outlines what personal information your business collects and how you use it. This is important from a data protection perspective.

contract

COLLABORATION AGREEMENTS

What is a Collaboration Agreement?

This is an agreement for different parties that want to collaborate/work together. It sets out how they will work together, and what obligations and responsibilities they will have. There is no legal obligation to have one in place, but it is a way to ensure that the risks you may take are managed and if something goes wrong, you have a legally binding document to fall back on.

contract

EMPLOYMENT AGREEMENTS

What is an Employment Agreement and why do I need one?

An employment agreement, or employment contract, is the contract used between employees and employers. It sets out the work schedule, benefits, salary and what is expected of the employee and employer.

contract

INTRODUCER AGREEMENTS

What is an Introducer Agreement?

This sets out terms between a business and an introducer. The ‘introducer’ is a person who will refer, solicit, or search for clients on behalf of the business. The agreement is used where the introducer does not sell or accept orders on the clients’ behalf. We can help draft/review this type of agreement.

contract

EMPLOYEE HANDBOOKS

What is an Employee Handbook and why do I need one?

This provides information on a company’s ethos, mission, culture, employee rights, policies and procedures, annual leave, and workplace conduct.  It should be available to all employees so that they have all the information they need to know about their job and the company. It can help protect employers against discrimination and unfair treatment.

contract

NON-COMPETES

What is a Non-Compete?

This is a document/clause in an agreement made between an employer and an employee in which the employee agrees to not engage in any competition before, during or after employment. 

Non-competes can also be found in a contract for services for contractors – keep an eye out for this and make sure you understand the clause before signing.

contract

DISCLAIMERS

What are disclaimers?

A disclaimer is a type of notice or warning that limits liability. For example, if you have a website, you will use a disclaimer to confirm that not all the information on your website may be 100% correct. We can review or draft a disclaimer for your website or business. 

contract

CONTRACTOR AGREEMENTS

What is a Contractor Agreement?

Also known as an ‘Independent Contractor Agreement’, this is a contract that outlines the working arrangement between a contractor and a client, covering factors like payment terms and length of the service. 

Something you need to be wary of here is IR35, which was updated in April 2021. This is the anti-tax avoidance legislation targeting ‘disguised employment’. Your Contractor Agreement must not include anything that makes you look like an employee.

FREQUENTLY ASKED QUESTIONS ABOUT

Commerical Law

Commercial law is an area that deals with a huge variety of subjects, including contracts and partnerships. It is essentially the area that covers your contracts in business. Whether it be contract drafting, contract negotiating or contract reviewing.

This covers all different types of contracts and legal documentation – client contracts, employment contracts, privacy and cookies policies for your website, the list goes on.

Having contracts in place is incredibly important for a number of reasons. If you don’t have them in place, you could be exposing your business to HUGE risk – you’re not limiting your liability, meaning you could be sued for an unlimited amount which could potentially bankrupt your company. How do you deal with refund requests if you don’t have a contract laying out the terms? What do you do if a client doesn’t pay on time? How do you set boundaries? All of these things are covered by contracts.

Some contracts are also a legal requirement. For example, an employment contract. If you’re hiring an employee, that individual MUST have an employment contract in place before beginning to work for your company.

We wouldn’t recommend it. It’s one thing having a contract in place, it’s another having the RIGHT contract that fits your actual business needs. You could copy a template from Google that A) doesn’t cover everything you need it to and B) could be putting you at risk (think, unlimited liability and getting sued).

Having documents tailored to your specific business needs and tone is the way forward.

It completely depends on the situation. If you’ve drafted a document yourself, having a solicitor review and amend it to ensure it protects you is a good idea.

If you have a contract you need to sign but aren’t sure about some of the areas it covers, having a solicitor review and explain it to you is super helpful. You don’t want to get stuck in a bad contract!

Business law, also known as commercial law, includes all the laws that determine how to start, run, sell, or buy a business. And yes, business law covers all businesses online or not!

Quick answer no, you don’t HAVE to. Long answer, we recommend that you should. As a small business ourselves, we understand the need to keep costs low at the beginning of your new business venture. However, consulting a business lawyer at the beginning means you have the right documentation and knowledge to grow steady, solid business foundations.

UK office: G2, 2 Milverton Grange, Glasgow G46 7AU
Ireland office: Cushenstown, Garristown, Meath A42 FY83

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