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Internet Lawyer

Who Signs Your Software Development Agreement?

By Internet Lawyer, Software Agreements, Software Lawyer

software development contractWhen you’re a software developer, even the best app development contract in the world can have major problems if the wrong people sign the agreement…or they sign the contract in the wrong capacity.

Lack of Signing Authority

If a company wants to weasel out of your software development agreement, one way to do this is to claim the person who signed the contract on the company’s behalf lacked signing authority to bind the business to the contract.

This often occurs where one of the company’s owners opposed the development project in the first place. Or there is buyer’s remorse because of circumstances that may be beyond your control. For example, there’s a negative financial event at the company and a sudden need to cut expenses and retrench.

In either scenario, rather than being honest and renegotiating the deal with you, the excuses start to fly as to why the work won’t proceed, including an alleged lack of signing authority.

Signatures In Wrong Capacity

If your software development contract doesn’t have the correct signature lines, it can become unclear exactly who is responsible.

How is this possible?

Signature lines are improperly set up so that it appears that one or both parties are signing as individuals rather than on behalf of their respective businesses. In such cases, you may not have an agreement with the company itself but just one of its employees as an individual.

Fixing Your Software Development Agreement

If you need legal help with your software development contract, it’s probably time to schedule a phone consultation with Software Lawyer Mike Young.

Two Ways To Legally Protect Your Business Website

By Internet Lawyer, Website Lawyer, Website Legal Documents
website legal protection - terms and conditions

When your business has a website, you want to avoid lawsuits from customers and site visitors. And you hope that a government agency doesn’t decide to investigate you because you broke the law with your website’s content without knowing you did anything wrong.

Because even if you ultimately “win” a lawsuit or successfully defend yourself in a government investigation, your business still loses time and money.

Fortunately, there two simple things you can do to reduce the risk this will happen.

First, have a professional website legal compliance review performed by an experienced Internet business lawyer.

Second, get the right website legal documents (e.g., privacy policy, terms of use, refund policy, etc.) prepared that are designed to specifically protect your site.

Fortunately, you can outsource these tasks to someone instead of trying to do it yourself. Click here to learn more about getting a business website legal protection package. Or set up a phone consultation with Internet Business Attorney Mike Young.

Does Your Website Break The Law?

By Internet Lawyer, Website Lawyer

website legal complianceIf you’ve never had your website professionally reviewed for legal compliance, there’s a good chance you’re breaking one or more laws.

So, what’s the big deal?

Nothing…until you get sued or a government agency goes after you. In most cases, website owners can’t afford expensive lawsuits or government investigations.

And that’s why it’s important to reduce the risk of this danger happening if you own a website. Because prevention costs a lot less than paying to clean up a mess after the fact.

After all, do you want to lose everything you’ve worked so hard to build simply because of a few mistakes you didn’t even realize you’d made?

Now what if you had your website was professionally reviewed a few years ago but you’ve added new content to it since then?

Because Internet-related laws are constantly changing as countries and states create new ways to regulate e-commerce, what was okay to do online a couple years ago might be illegal today.

And, unless you’re an attorney who focuses on this niche of the law, you’re unlikely to know when you’ve crossed the line and exposed yourself to liability that could bankrupt you.

If you’re overdue for a website legal compliance review, it’s probably time to set up a phone consultation with Internet Business Lawyer Mike Young to discuss your site.

Should You Buy The Equity Or Assets Of An Online Business?

By Business Contracts, Business Lawyer, Internet Lawyer, Website Lawyer
how to buy an online business course

When you’re considering an online business acquisition one of the key issues to decide is whether to buy its assets or the equity of the entity (e.g. corporate shares) that owns it.

It’s been my experience that 90%+ of the time an asset purchase makes more sense than buying equity.

Why?

With an asset purchase you can limit liability exposure better for the seller’s acts and omissions prior to closing on the deal. For example, you can reduce the risk you’re getting hit with a lawsuit or back taxes owed from pre-closing activities while the seller ran the business.

However, there are important exceptions to the general rule that an asset purchase is the better way to proceed.

For instance, there may be nonassignable contracts in place with the seller’s entity (e.g., ad network agreements) that are essential to running the venture profitably.

Another common reason for an equity purchase is where the primary source of revenue from the online business is marketing to its email lists. Where there’s an inability to sell those lists as assets because of spam and privacy laws, an equity purchase may be the only legal option available.

If you haven’t bought an ecommerce venture before, you might want to pick up a copy of my course “How To Buy A Successful Online Business.

And if you need legal help with buying an online business (e.g., purchase agreement and related documents), let’s talk by phone.

How To Protect Your Membership Website

By Internet Lawyer, Website Lawyer, Website Legal Documents
website membership agreement

When you own a membership website, a written membership site contract is essential to protecting what you own. And reducing the chance you’ll get sued by an unhappy member.

This is true whether membership is free, paid for up front, or on a subscription basis.

One of the biggest risks is a member mistakenly believing that access to member content gives the member unlimited rights to download and redistribute the content to friends or the public in general. And if you haven’t address this issue, it can create a legal nightmare.

In short, you’ll want your website membership agreement’s licensing provisions to make it clear what can and can’t be down with your content (e.g. videos, audios, text, etc.).

And there’s the problem that arises from members who don’t know what their rights and responsibilities after membership terminates (by you or the member). For example, will the terminated member get a partial refund? If so, how is that calculated?

How do you integrate a membership site agreement into the process? Typically, it’s handled as part of signup/checkout.

Like other website legal documents (e.g., privacy policy), an experienced website lawyer can help you get the right language in place to protect your online membership business.

If you need help with your membership agreement, set up a phone consultation with Internet Business Lawyer Mike Young today.