Software & IT Contracts
Our commercial contracts team assists software companies and enterprises on complex software and IT agreements. We leverage in-depth experience across the software sector to achieve optimal contracts.
Software & IT Contracts
Herrington Carmichael is a full service law firm offering legal advice to UK and international businesses as well as individuals and families.
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Frequently Asked Questions
Find answers to your most pressing questions about our services and processes.
How can you help us comply with changing privacy laws when using cloud services overseas?
We closely track privacy laws worldwide and provide specialised English law counsel on incorporating compliance requirements into cloud agreements under the GDPR post-Brexit. We frequently work with and manage overseas counsel so our clients get a full-rounded international approach when using cloud services overseas.
Our software is getting more and more popular. How can you help us limit legal risks from end users?
We can draft all manner of different arrangements to protect your business, regardless of your route to market. Whether it be indirect, through resellers or even value added resellers, we understand the nuances and challenges and apply a pragmatic approach to our advice. In addition we can provide customised EULAs which are designed specifically to protect your software business. We would consider all provisions carefully, such as warranties and provisions around damages, to make sure you are compliant with applicable laws.
We are releasing a new app. What should we include in the terms and conditions?
Your app terms and conditions need clear statements on topics such as intellectual property, limitations of liability and appropriate warranties. Please speak to us so we can review what you have to make sure it is the most protective for your business, or we can craft bespoke documents to protect your business from the outset.
What are the differences between Business to Business and Business to Consumer contracts?
English and Welsh law includes a number of restrictions on terms which businesses can include in contracts with consumers which do not apply when they are contracting with other businesses.
Firstly, the terms need to be easy to understand and legal jargon should be avoided. Therefore on the whole, business to business contracts are drafted in a completely different way to business to consumer contracts
There is also requirements for the terms to be fair when it comes to contracting with consumers (and the law determines what is and is not fair), albeit in some circumstances this requirement does also apply to business to business contracts. Therefore some protections which would be permissible when contracting with businesses would not be so when dealing with consumers.
In addition, consumers have certain implied rights which businesses do not have. This includes termination rights, rights to receive certain information and certain other rights in respect of goods and services which don’t accord with the requirements of the contract.
It is imperative that the rules are followed when contracting with consumers as there can be repercussions for failing to do so. Therefore expert advice is always advisable.