Business Contracts

Software/Technology Contracts

A Contract is a legally binding document between a Company or an individual and an individual or group of individuals or a company that defines and covers the obligations of the parties to an agreement. A contract is legally enforceable and protects the injured party from the defaulting party in case of a breach of the Agreement.

A software Agreement is a legally binding agreement between the licensor and/or author and the purchaser of software that establishes the purchaser’s rights. A software Agreement details how and when the software can be used and provides any restrictions that are imposed on the software. A software agreement also defines and protects the rights of the parties involved in a clear and concise manner. Most of the software agreements are in digital form and are not presented to the purchaser after the purchase is complete.

About e-contracts and e-commerce

E-contracts refer to all the online contracts or technology contracts that are transacted via technology, i.e. the internet, computers, or different technologies governing such transactions. E-commerce resides in such groups and companies that facilitate such contracts and introduce them to fellow customers. E-contracts and e-commerce are governed through the Information and Technology Act, 2000, which provides procedures and terms and conditions regarding such transactions.

Types of Software/Technology Contracts

  1. Our Sourcing Agreement
  2. Software Licensing Agreement
  3. Software Development Agreement
  4. Cloud Computing Agreement
  5. Data Processing Agreements
  6. Support and Maintenance Services Agreements
  7. Consulting Services Agreements
  8. Professional Services Agreement
  9. IT Support Agreement or IT Service Agreement
  10. Distributor Agreements

Frequently used technology contracts

Now we will deal with the frequently used technology contracts, as has been already discussed that people are nowadays transacting via online mode more than the hand to hand transaction, let’s see some of the most used contracts which are as follows:-  

Shrink-Wrap Agreements

Shrink-wrap agreements are legally binding agreements or any purchase agreement on the packaging or shipping of the products. In this agreement, the packages are enclosed in plastic wrap which means that they can be only opened by the final purchaser and this can be completed once the buyer has completed its purchase. 

Click or Web-Wrap Agreements

They come into enforcement by clicking the ‘I agree’ button. The clicking to the ‘I agree’ button shows the acceptance of the agreement. Once the acceptance has been made willingly then you are into force of a particular contract. 

Browse-Wrap Agreement

For any browse-wrap agreement to turn into a contract the website must give notice to the customers which exhibits the agreement and if the user accepts such agreement only then, it will convert to a valid contract. The Courts are more likely to enforce the click-wrap agreement than the browse-wrap agreements.  

Sources of Technology contract

Technology contract is formulated through various sources which are stated below:

  1. Website- Technology contracts can be entered through the websites. Different e-commerce groups provide the customers with different offers, which the customers can enter into by accepting the terms and conditions.
  1. E-mail- Technology contracts can also be entered through the help of an e-mail. A person can mail to the interested company or any authority with whom he wants to enter the contract. Or the offering company can send the email and the acceptance can be made through a message or a reply.
  1. End-user license agreement- These are the agreements in which the user enters into the contract by accepting the terms and conditions and by clicking the ‘I accept’ button.

Important clauses in any Software/Technology Contracts

  • Competency to contract
  • Awareness about the privacy policy
  • Communicating the party
  • Payment modes
  • Confidentiality
  • Ownership of Software used or created over the duration of the Relationship
  • Documentation and Record of Software development
  • Termination/Breaches

Service Delivery Process followed by White Code Legal:

  • The Client has to register themselves on our website.
  • Once the Client is registered, we raise a Service Request.
  • The Client receives a proforma invoice with an option to confirm and pay now or pay later.
  • Once the Client confirms, our dedicated relationship manager liaisons with our experts, and clients share a list of client information required to deliver the service.
  • Once we receive the information, we take the required steps to deliver the service and the service request is closed.

Service Inclusions

  • Professional Fees

Service Exclusions

  • GST, Government Fee, and other Additional Taxes

Why White Code Legal? 

At White Code Legal we prioritize and always strive to deliver excellence. Keeping a focus on maintaining affordable prices and delivering 100% client satisfaction we aim to make worth every penny our clients spend with us and build a lasting relationship with them