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Why Weblaw?
Sprecher Grier Halberstam specialise in computer law and Internet law. A significant proportion of our clients are software houses, web site designers or ISPs. We are located at our new offices at 1 America Sq, Crosswall,
London,
EC3N 2SG in the heart of London. (click here for map)
The package has 2 variants. One set has been drafted for use by Web Design Companies and the second for use by a company procuring the services of a designer who has unsuitable or no contractual documentation.
1. The package for the web site designer
We appreciate that as a web site designer, you need to protect your position and profitability. From working with designers we have identified three principal potential revenue streams and have tailored agreements specifically to enable you to maximise your revenue and minimise your liability. These agreements have been designed to help you to avoid the erosion of project profitability due to your client changing the "goal posts" in the middle of the project, or failing to provide you with the appropriate material in the appropriate format and timescale. We have dealt in detail with the potential difficult issues arising from web design and operation; including ownership of copyright and other intellectual property rights as well as liability for viruses and defamation.
The package is designed for repeated use by your with your different clients. With the benefit of the extensive guidance notes and the consultation included, your future need to consult lawyers should be minimised. Although designed to protect your interests, the agreements are balanced and therefore should enable you to avoid wasting time and money negotiating relatively unimportant issues. Any future delays caused by waiting for the "legals" to be sorted out should be minimised.
The agreements provide you with a strong back bone of core contractual clauses common to all your web site transactions, together with suitable schedules which gives you the flexibility to adapt to the particular transaction you are dealing with. The package, comprising 40 pages, provides you with a "one off" solution for all your contractual requirements in this core area of your business.
The Agreements Package
Web site Specification Agreement
Web site Design Agreement (click to view a sample)
Web site Maintenance and Operation Agreement (click to view a sample)
General guidance notes
Specific guidance notes for each of the three agreements
Extracts from the Agreements
Who is liable for information put on the site which causes problems?
Clause:
The Operator shall not be liable for ensuring that there is not any material, data or information on the Web site which is illegal or unlawful, obscene, defamatory or otherwise infringes any third party rights whatsoever.
We lose money because neither we nor the client are sure what activities are covered by our maintenance and operation agreement.
Clauses:
The Services shall comprise :-
installation and operation of the Web site on the Operator's server as described in Schedule 3:
facilitating and maintaining public access to the Web site;
marketing the Web site as specified in Schedule 3:
Updates limited to the extent specified in Schedule 3……..
The Operator shall be entitled to charge the Client at its Billing Rates for time spent:-
providing any other services not forming part of the Services.
How can we protect ourselves against the risks associated with clients giving us something to include on the Web, that they are not entitled to use on WWW?
Clause:
The Client undertakes to secure copyright and other appropriate licences or consents where necessary for the inclusion of any material, data and information provided to the Designer pursuant hereto to enable the Designer to incorporate such material, data and information into the Web site.
We are often blamed for delays in completing the Web site because the client does not give us the information on time and in the agreed format.
Clause:
The Client undertakes that it will provide or procure the provision of the information, data and material required for the purposes hereof by the Designer in whatever formats and timescales agreed by the parties and set out in the Specification.
Price
Upon application.
2. The package for the client (click to view a sample)
The same package but adapted to suit the position of the client rather than the provider.
Price
250 pounds sterling plus VAT for unlimited use.
Further Information
To purchase the package or to discuss your specific needs, please contact Simon Halberstam by phone, fax or email as below. If you would like to come to our offices to view the agreements, please call to arrange a mutually convenient time and date.
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