0333 014 4568

Business Contracts - Terms of Business

Doing business on your terms

Professionally drafted terms and conditions are a must for any business.

Having a contract in place prior to starting a service for a client can prevent problems arising later on down the line. Most clients will start the business relationship with the best of intentions, but we recognise that things can go wrong – the project may take a different direction or the market may change. Should this happen, you need to be confident that the relationship between you and the client is set out clearly in a contract.

Both parties can be protected under a contract – the scope of the service and the expectations should be clearly defined and agreed. A contract should also define how and when you get paid and what you must do to get paid on time. As you can probably guess, this is one of the most disputed parts of a contract so it’s essential that it’s drafted clearly from the start!

Our Contract Review Service

We have extensive experience dealing with a huge variety of businesses – corporate and commercial concerns, creative agencies, manufacturers and distributors, artists and art galleries, musicians and record labels, film production companies, and everything in-between. One thing that we have noticed is that all too often businesses will only review their terms and conditions when a dispute arises. It’s usually at this stage that the business realises it hasn’t protected itself legally and will end up paying the price for its mistake.

At Hybrid Legal, our expert team are on hand to help you prevent these mistakes from happening. If you would like peace of mind on your current terms of business or you’d like us to make sense of a contract that reads like it’s in a foreign language, please get in contact. We provide a cost effective contract reviewing service where we remove the legalese and explain the terms of the contract to you in plain English.

Website Terms And Conditions

If your business is selling goods or services online, you will need to make sure that the terms and conditions that apply to the sales made through your website are user friendly and compliant with the huge amount of trading legislation that will apply. Unlike selling an item over the counter where the customer can inspect the item and raise any concerns with you beforehand, buying an item through a website is effectively buying that item at a distance without having the opportunity to physically inspect it. What could look great on a computer screen could be completely different in real life and the law recognises this problem which is why it’s important for your business to understand the legal 'dos and don’ts' of selling goods and services online.

Our team can guide you through the legislation that you will need to be aware of when selling goods and services online. We will be delighted to prepare your new website terms and conditions for a competitive fixed fee, so why not contact us for more information.

Website User Agreement

The way we can search for information and share it online is developing everyday thanks to the rapid changes in technology and internet access. Staying in control of how your website visitors use and interact with your website will be key in order to avoid your website being used inappropriately. This can often lead to costly consequences in the future.

A Website User Agreement will set out what can and can’t happen when a visitor uses your website. It’s unlikely that you would want your website to contain a link to a malicious or inappropriate website that could cause harm to your other website visitors or a derogatory comment in a forum you may be hosting. Legally obliging the visitor not to do this will be important, along with ensuring that the intellectual property relating to your website is clearly identified and protected from copycats. We will be delighted to prepare your Website User Agreement for a competitive fixed fee, so please contact us for more information.

Website Design Agreement & Graphic Design Agreement

The internet has now become an entrenched aspect of our society, and in order to make an impact in a marketplace it is becoming more and more important to have a good looking, functional and engaging website to expose a business to its customers. Unfortunately, most business owners do not have the technical know-how to design and build their own without using an 'off-the-shelf' online service.

Web designers and their clients need to know where they stand when it comes to the development of the client’s website. It is important for any terms and conditions relating to their services to deal with the ownership of the intellectual property rights that are created during the website build, as well as the payment for the services and the overall approach to the project in terms of the stages involved and sign-off on each.

These challenges are also applicable to graphic designers, and it is important that the finished logo design, flyer or typography is suitably assigned to the client upon completion – assuming it has all been paid for!

We can draft or review any such documentation to ensure that the relationship between a designer and their clients is covered as it should be – let us know if you need a hand.

Website Hosting Agreement

If your business provides a hosting service for websites, being legally prepared for the ups and downs will be essential in order to balance legal risk with customer satisfaction. Your customers will want to know that their website is in good hands. By the same token you will want to be able to ensure that the services you provide are in your customers’ best interests whilst at the same time being realistic.

There are only a few exceptional companies that can offer near 100% reliable hosting services, and accordingly your terms and conditions of business need to reflect your business’s ability to meet your customers’ requirements. We can put together a set of terms and conditions that will leave both you and your customers satisfied, so please get in touch if you have any questions.

Website Compliance Audit

As a modern business it’s highly likely that you will have a website that showcases what you can offer to your customers. Unfortunately due to the ease of creating a website online, it’s no surprise that the number of rogue businesses that are cashing in at the expense of their customers is rapidly increasing. As a result, the law is strict with the information that you will need to make sure is available clearly on your website. Making it easy for visitors to your website to identify who you are and where you are based, along with how you will handle their personal details, will help build the trust and confidence needed if you are to succeed in converting them into customers.

Being over generous and misleading with product and service descriptions is also another trap which we can help you avoid. Our Website Compliance Audit will make sure you have all the correct information in place and we’ll even check how you’re describing yourself in order make sure your reputation remains intact. Why not contact us for further information.

Merchandising and Distribution Agreements

Terms of business of great importance to those in the entertainment industry deal with merchandising and distribution. One of the most exciting events for an artist is seeing the sales of their album take off, seeing their online exposure increase, or seeing the first batch of T-shirts with their band’s name on them. The same excitement is felt by film makers when their film is finally released on DVD or Blu-Ray.

In order for that to happen however, the owner of the music or the film must make sure that the final products are distributed to the right places. We would be happy to help with the drafting or reviewing of any distribution agreement, including those relating to general commercial endeavours, to ensure that the final legal hurdle to the public exposure of the work or product is handled with the least amount of stress and risk.

Publishing Agreements

A publishing agreement for an author or artist is one of the key ways in which their work is likely to be exposed to a wider audience. Whether the publication is a book sold in Mayfair, or a magazine in sold in the corner shop, the content is likely to have been subject to the publisher’s terms of business. We can draft or advise on such publishing agreements, and would be pleased to detail the different considerations that authors and artists, as well as publishers, should bear in mind when dealing with one another.

Editor Agreements/Post Production Agreements

Once an author has completed their work, it is typical for an editor to review the draft and potentially make some changes – this usually takes place in line with the author’s instructions. Editors should ensure that they have appropriate terms of business in place to avoid disputes over their work in the future. By making sure that the author’s requirements and the editor’s obligations are set out properly, the relationship between the parties can be kept as trouble free as possible, with both parties knowing that they are not overstepping their marks.

Editors do not only deal with literature – the final cut of a film or TV is not created on its own. Post production work, including the work carried out by editors, animators or any other post-production studio is often a key to putting the final polish on a finished project.

When it comes to this type of work, the ownership of the copyright is an important consideration. Some editors are given more freedom than others, and in the event that an editor is carrying out significant quantities of work on the draft of a project, it is very important to clarify the ownership of the copyright in the finished work. We will be happy to draft or advise on any editor agreements or post production agreements that may be required to fit your circumstances.

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