Types of contracts
⚡TL;DR
- There are an infinite amount of types of contracts.
- The qualification of an agreement has legal consequences for mandatory applicable law.
- Below are listed some types of contracts that are relevant for tech companies.
While there are an infinite amount of type of contracts, here are some that you will likely encounter and/or need during your yourney.
Its purpose is to set out the rules of the license granted by the owner of the IP rights to the licensee. See Copyright & licensing for more information on licenses.
Its purpose is to set out the rules in relationship to the services provided by a company to another one. If the service provider is an individual, we will usually use a Freelancer Agreement.
We distinguish between services and deliverables:
- Services are usually provided and paid on a timely basis. This is, for example, the case of a consulting company providing consulting services on an hourly basis. The service provider must act diligently but is not contractually obliged to reach a pre-agreed result.
- Deliverables are results that are delivered to the company ordering them. The service provider is usually paid upon acceptance of such deliverables. If deliverables are agreed, the services agreement must clarify the acceptance mechanism and the related warranty. This is, for example, the case of a software developer delivering pre-agreed software to the customer-company. The service provider is contractually obliged to reach a given result to fulfill their part of the contract.
Generally, and by mandatory law, services agreements can be terminated at any time by any party, independently from what is provided in the agreement itself. However, keep in mind that this can lead to some damages to be paid to the other party. Such damages can be rather high and it is important to discuss with a legal expert before terminating. Book a free call with us here.
Its purpose is to set out the rules related to the purchase of defined goods. The key points are related to the payment schedule and the existence of interests and to the existence and the extent of a warranty given or not by the seller.
Agreements aiming to sell/purchase real estate must be formalized before a notary public.
The purpose of a non-disclosure agreement, often referred to as NDA, is to keep information exchanged between two parties confidential.
You can generate our LEXR Standard NDA for free here.
A Service Level Agreement (SLA) details the levels of services, such as the availability of a platform, as well as the response time required for the service provider to fix any potential issue. This is usually an annex to a Services Agreement.
If the service provider fails to comply with the levels agreed in the SLA, a financial penalty is usually agreed upon, which will reduce the fees payable by the customer.
The purpose of Terms & Conditions (T&Cs) is to govern the relationship between a company and multiple users. Such T&Cs can be signed by the users or accepted when using an online service. They are usually wide enough to give flexibility to the company and refer, e.g., to the price schedule available on the website. However, it is key to make sure that those T&Cs govern all elements of the services, adequately limit the company's liability, and ensure the IP ownership.
When T&Cs are used for B2C services, it is important to ensure that they are drafted transparently. Indeed, having a non-standard clause "hidden" in the T&Cs could lead to its inapplicability.
The purpose of an insurance agreement is to insure your business. This includes protecting your company and your clients in case your services cause them damage.
Having proper insurance will often be required in the B2B context; make sure always review the requirements set forth by your counterpart in the contract and to compare it with your insurance cover.
Book a free call and see how we can support you in qualifying, reviewing, or drafting your agreements.