Posts by nathan-creativeserumcom
Contracting for Information Technology Services
In Brief “Use of Licensed Software” refers to contracting for use of a SaaS application “off the shelf” without modification, improvement or enhancement to suit the business needs of a particular customer.
Read MoreContracting for Information Technology – Infrastructure as a Service
In Brief Use of infrastructure belonging to someone other than the company to hold, process and/or store a customer’s data carries special risks. Services may include service may include system storage, monitoring, security, load balancing and backup of data.
Read MoreResolving Disputes Without Court
In Brief Alternative Dispute Resolution (ADR) (meaning resolving disputes outside Court), can be a facilitative or determinative process (or a mixture of both). The main processes used in Australia are mediation, expert determination and arbitration.
Read MoreSupplying Consumers and Small Business
In Brief The Consumer Guarantees are a set of assumptions that the Australian Consumer Law makes about the provision of goods and services to a consumer. They include guarantees by suppliers that goods and services
Read MoreMemorandum of Understanding
In Brief A non-binding agreement is usually called a Memorandum of Understanding where there will be no further agreement later, or a Heads of Agreement, Commercial Terms Sheet, or Letter of Intent where the parties intend to create a legal relationship between them later. For this Article, the whole range has the name MOU
Read MoreDue Diligence
In Brief Do at least basic due diligence before every deal, even if you know the party well. Due Diligence enables you to understand who you are really contracting with, as opposed to what their marketing information may say.
Read MoreUnfair Contract Terms
In Brief The Australian Consumer Law regulates the use of standard form contracts with consumers and small businesses via the Unfair Contract Terms regime. A standard form contract is essentially a consumer contract or small business standard contract
Read MoreVarying a Contract
In Brief A contract variation occurs when the parties agree to do something differently from that originally agreed (but the remainder of the contract remains unchanged).
Read MoreContracts – Special Provisions
In brief Special clauses dealing with intellectual property, privacy/data protection, indemnities, insurance, force majeure and the like will be more or less relevant depending on the nature of the contract.
Read MoreContracts – Starting Point
In brief Every legally binding contract should answer 6 questions: Who, What, Where, When, How and How Much?
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