Tag : #Agreements

Non-Compete Agreement or NCA is a legal agreement between two parties, i.e., the employer and the employee. As their name suggests, such agreements prohibit the signee or the employees from competing with their employer for a set period of time after the completion of their employment. Just like Non-Disclosure agreements, these agreements may also include some confidentiality clauses to restrain the leaving employee from revealing any confidential information or trade secrets to a third party or their future employer. The entities that are signatories to such agreements are generally new employees but they may include outside consultants or hired contractors.

This article talks about Ed tech startups. It tries to answer the query that what all requirements are essential for an Ed-tech startup. When it comes to starting up a business, many people tend to ignore certain aspects especially legal ones. The article tries to explain in detail, the importance of the legal aspects and point out the ten most basic and essential agreements that are required for an Ed-tech startup in India.

Click through agreements also known as ‘click and accept’, ‘web-wrap’, ‘click-wrap’, ’shrink-wrap’, ‘sing-in-wrap’ agreements which offer over the Internet all possible protections which are more useful than any affordable intellectual property rights to companies selling goods and services. These agreements are enforced to disclaim implied warranties, choose the governing law, limit liability and forum for resolving disputes, and restrict any reverse engineering. In both the category of business transactions that is B-to-B and B-to-C transactions, e-shoppers have become very used to familiar with screens flashing legal terms of the service provider and requiring to click on "I accept" button before goods and services can be ordered or procured or information be delivered and allowed to be accessed. Problems are faced when a company enters into a click-through agreement.

In today's times, the global market is ever-expanding and because of this it is becoming a very large and expensive stage for buying and selling goods and services, many companies have adopted co-branding as a very cost-effective method of reaching a large number of consumers possible available in the market. Co-branding as a method for increasing reach and scope for the company in the market has its positive and negative aspects. Co-branding helps in improving cooperation and creates a brand stronger than before providing larger opportunities for both the companies coming in together for a mutual interest in an agreement with each other as it creates and encourages competition.  Generally, Co-branding is considered as a legal and marketing vehicle which is used for the cross-licensing of trademarks within different companies to form a brand-new product, attract more consumer interest and increase sales for both the companies.

Cloud computing means the use of computing resources such as data, computation, and software which are given to its users as a means of remote service over a network. The name of cloud computing agreements is derived from the cloud-shaped symbol used to represent the complex infrastructure that system diagrams contain. It includes using a provider’s software remotely and storing the customer’s data with the provider. They are somewhat the same as traditional software licensing agreements but consists of much more resemblance with hosting or application service provider agreements.

A software developer or distributor has reached a legal agreement with the software customer with an End-user License Agreements (EULA), often if the software is bought from an intermediary, such as a store, by the user. The rights and limitations applicable for use of the program are defined in detail by EULA.