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Agreement

1. Non-disclosure agreements

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Non-disclosure agreements come in two basic flavours. Unilateral or one-way agreements protect the information of only one of the parties, while mutual or two-way agreements protect the information of both parties. The standard and premium versions of these non-disclosure agreements share the same basic core, but with a few extra optional provisions in the premium documents.

2. Consultancy agreements

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These agreement templates can be used to regulate the relationship between a consultancy and its clients. The consultancy may be a corporate entity, a partnership or a sole trader. All the agreements include provisions covering the supply of the services, the production of deliverables, the payment of charges, warranties from each party, disclaimers of liability, the term of the agreement and the parties' rights of termination.

3. Free end user licence agreement

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This document is a free-to-use software EULA or end user licence. Click-wrap and web-wrap licences can be created using this document, as well as more traditional shrink-wrap licences. The document governs the legal relationship between a licensor and its customers. Note: although this EULA can be used for B2C licences as well as B2B licences, it does not include a ...

4. Software support agreements

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Software support refers, in this context, to the provision of a helpdesk or other contact mechanism, through which the customer or the customer's users can access help, advice and assistance in relation to the software in question, and report bugs and other issues with the software.

5. Software maintenance agreements

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These software maintenance agreements are designed for use in circumstances where a software vendor will provide maintenance services with respect to its own software. Each agreement differentiates between minor updates and major software upgrades. A service level agreement attached as a schedule contains detailed provisions concerning when and how the software will be updated or upgraded.

6. Software licence agreements

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Copyright protects software and to use software legally a person needs a licence. These software licence agreements require that the licensor deliver or make available the software to the licensee. The licence itself is flexible and may be limited in a number of different ways. The usual prohibitions on use (or misuse) of the software are included. In consideration for grant of a licence, the licensee must pay a one-off licence fee or ongoing licence fees to the licensor.

7. SaaS agreements

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These agreement-style documents should only be used for a cloud or hosted software service if the parties will be negotiating the specifics of the contract. If terms will be imposed by the services provider upon the customer, and the customer will have no opportunity to suggest alternative terms, then you should consider the SaaS terms and conditions documents rather than these agreement-style documents.

8. Web design and development agreements

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Under these web design and development agreements, the developer has an obligation to create a website or web application on behalf of the customer, and either assigns or licenses the copyright in that website or web application to the customer. In consideration for the provision of the services and the assignment or licence, the customer must pay the agreed charges to the developer. In addition, the customer may be obligated to provide assistance to the developer and to provide text, images and other materials to the developer for use in the project.

9. Non-exclusive distribution agreements

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These distribution agreement templates set out the obligations of a supplier and a distributor in relation to a non-exclusive distributorship - that is, a distributorship granted on the basis that other distributors may be appointed with respect to the same market. All the agreements include provisions covering the scope of the appointment, the specific duties of the parties, order procedures, charges, payments, confidentiality and liability. In addition, all the agreements include a schedule containing terms and conditions of supply.

10. Assignments of copyright

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An owner of copyright may transfer that ownership to another person using one of these assignment documents. The assignment may be entered into before or after the creation of the copyright work. These documents all include a nominal consideration clause, under which the assignee agrees to pay to the assignor a nominal fee.

11. Commission agreements

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Under each of these commission agreement templates, one party will pay the other party commission in relation to a particular event or type of event. For example, commission may be paid in relation to the introduction of a customer by one party to the other. The longer versions of the template also include clauses covering the confidentiality of information and/or the non-solicitation of connected persons.

12. Manufacturing agreements

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These agreements provide a framework within which a manufacturer and a customer may contract for the manufacturing and supply of products. The agreements assume that the products will be specified by the customer. All versions of the manufacturing agreement include, as schedule, a set of terms and conditions governing the specific legal basis upon which products are supplied. These terms and conditions cover, for example, the passage of title and risk to the customer.

13. Software development agreements

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Under these contracts, the developer agrees to create software on behalf of the customer and to assign (ie transfer) to the customer its intellectual property rights in that software. Rights in any third party programs or libraries incorporated into the software will be licensed either directly from the vendor of the third party software or indirectly via the developer. Charges may be fixed or time based. A standard set of software warranties is included with all the documents.

14. Video game EULAs

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As video games add features and grow more complex, so the legal issues affecting them and their licence agreements grow more complex. These end user licence agreements (EULAS) have been especially created for video games. The longer versions of the EULA include ecommerce provisions alongside the core licence and usage rules.

15. Non-solicitation agreement (unilateral)

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This is a unilateral non-solicitation agreement: all the non-solicitation obligations restrict the freedom of one party for the benefit of the other. The specific non-solicitation restrictions in the document include: (i) a prohibition on entering into contracts or other business dealings with relevant persons; (ii) a prohibition on employing or becoming the employee of relevant persons; (iii) a prohibition on forming a ...

16. Amendment agreement

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This simple template agreement may be used to amend an existing two party contract in circumstances where the amendment will take place with the written agreement of each of the parties. The types of amendment anticipated in this amendment agreement include: (i) the deletion of provisions from the original contract; (ii) the addition of provisions into the original contract; and (iii) the substitution of provisions ...

17. Online non-disclosure agreement (unilateral)

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This online non-disclosure agreement is intended to be published on a website. It is a unilateral agreement, protecting the confidential information disclosed by publishing organisation - but not the confidential information of other party. The other party can accept the agreement by completing and submitting an acceptance form published on the website, or you can define some alternative acceptance method. In editing this non-disclosure ...

18. Specialised non-disclosure agreements

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These templates have been created from our general non-disclosure agreements, with adaptations designed for the particular purposes of the documents - namely, the protection of information disclosed in the context of: (a) discussions regarding an invention; (b) a proposed business venture; (c) pitching of a media concept discussion; and (d) the appointment of a web designer.

19. Non-solicitation agreement (mutual)

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This is a straightforward non-solicitation agreement template. The template is designed to help businesses to protect their legitimate interests through contractual prohibitions restricting dealings with third parties. The restraints of trade doctrine can affect the enforceability of a non-solicitation agreement. Contractual provisions that amount to covenants in restraint of trade are prima facie unenforceable. They will usually only be enforced by the courts ...

20. Confidentiality and non-solicitation agreement (unilateral)

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A business's confidential information may include information enabling others to solicit the business's customers, suppliers, contractor or employees, and thereby cause damage to the business. For this reason, you should consider including specific non-solicitation provisions in your non-disclosure or confidentiality agreement. This is a unilateral (or one-way) template, and so it will only serve to protect the information and business ...

21. Confidentiality and non-solicitation agreement (mutual)

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This agreement template has been designed for the situation where two parties wish to impose both confidentiality and non-solicitation obligations upon each other. In other words, the confidentiality and non-solicitation obligations will be mutual. The confidentiality provisions may restrict not just the disclosure of confidential information, but also the manner of its use. Flexible definitions of "confidential information" are included, allowing for both ...

22. Novation agreements

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The function of a novation agreement is to substitute one of the parties to a contract, so that a new person takes on the rights and obligations of that party under the contract, while the other party to the contract remains in place. Accordingly, these novation agreements assume that there will be three parties signing: the transferor, the transferee and the counterparty. Novation agreements such as these are widely used in the context of business sales.

23. Assignment of intellectual property rights

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This document can be used to assign intellectual property rights - in other words, to transfer ownership of the intellectual property rights from one person to another. Those rights may be registered and/or unregistered rights. Registered rights include trade marks, patents and registered design rights. Unregistered rights include copyright and database rights. The rights may be assigned with or without a title guarantee. The default ...

24. Assignment of trade marks

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This is an assignment of trade marks. The purpose of this document is to transfer the rights in trade marks from one person to another. The transfer may relate to both registered and, subject to the comments below, unregistered trade mark rights. In respect of UK registered trade marks, you must, in addition to executing a written assignment, register that assignment with the UK Intellectual ...

25. Assignment of rights in a website

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If you need to assign the copyright and other unregistered intellectual property rights in a website from one person (or company) to another person (or company) you should consider this document. Based on our standard copyright assignment, the subject matter of the transfer is designated using two key definitions: "Excluded IP" refers to the intellectual property rights that are reserved; and "Assignment IP" refers to ...

26. Assignment of rights in software

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Using this assignment document, you can transfer the copyright in a computer program or piece of software from the existing owner to a new owner. In addition, the document can also be used to transfer other unregistered intellectual property rights subsisting in the computer program (for example, database rights) alongside the copyright. Although software itself is not usually protected by moral rights, other works incorporated ...

27. Exclusive distribution agreements

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These template distribution agreements can be used by a supplier granting exclusive rights to a product distributor. Typically, the exclusivity will relate to a particular geographic marketplace. Both versions of the agreement include a schedule containing terms and conditions governing product supply (including transfer of title, transfer of risk and supplier warranties).

28. IT support terms and conditions

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These terms and conditions should be used in relation to general IT support services provided to businesses. They are not suitable for use in relation to contracts with consumers. All these templates include an optional data protection clause to help services providers who are acting as processors (rather than controllers) comply with their obligations under data protection law.

29. Sponsorship agreements

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Under these template sponsorship agreements, an organisation may sponsor a person, team, event or other thing in exchange for the provision of sponsorship benefits: access, promotional activities, advertising opportunities and so on. A licence of the sponsor's trade marks is included in both documents, but only the premium version includes a licence of the other party's trade marks.

30. Services agreements

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These services agreements may be used with respect to B2B services where the parties will sign a copy of the agreement and no special regulations (eg financial services regulations) apply to the services. A range of optional clauses allow the agreements to be adapted to cover a range of different services. Those optional clauses cover such matters as customer co-operation, deliverables, customer premises, customer-supplied materials, intellectual property rights and expenses. Mutual confidentiality clauses are included alongside a GDPR-style data processor clause.

31. Licence of copyright

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Copyright works include written works, musical works and artistic works. A copyright licence is a right for a person to act in some particular way in respect of a copyright work without infringing the rights of the copyright owner. Licensing is one of the key characteristics of intellectual property rights such as a copyright. This document allows a person who owns or controls the copyright ...

32. Licence of trade marks

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Using this document, a trade mark owner may licence rights in trade marks to another person. The trade mark rights may be registered or unregistered or both. The rights granted will vary from licence to licence. The document is relatively flexible, and may be edited to the advantage of either party. The trade mark licence assumes that the rights in question arise under English law. ...

33. Software support and maintenance agreements

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These documents make a clear distinction between support services and maintenance services. Two separate service level agreements are provided as schedules, one for support and the other for maintenance. The support provisions cover the provision of a helpdesk, response and resolution times, and limits on support services. The maintenance provisions cover notification of updates and upgrades, the provision and/or application of updates and upgrades, an the consequences of failing to apply an update or upgrade. In addition, all the documents include a GDPR-friendly data processing clause.

34. End user licence agreement

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This document is an end user licence agreement (EULA) for software. It sets out the rights and obligations of the licensor on the one hand, and of the customer or user on the other. The document may be adapted for use where the licence is being agreed upon purchase/opening (shrink-wrap), download (Web-wrap) or installation (click-wrap). The document may be used for ...

35. Email marketing agreement

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This email marketing agreement can be used in relation to three different kinds of email marketing service. First, where a service provider is actively managing a campaign for the customer. Second, where the service provider is making available a platform to allow the customer to conduct their own campaigns. Third, where both types of service are being provided. Different legal issues affect the different types ...

36. Social media marketing agreement

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This social media marketing agreement has been designed to regulate the relationship between a provider of social media marketing services and a client for those services. The core definition of social media marketing services included in the agreement covers: (i) content production, publication, distribution and promotion; (ii) online account creation and management; and (iii) analytics. The exact services to be provided under a particular contract ...

37. SEO agreement

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Search engine marketing (SEM) has come a long way since the days when a handful of meta-tags and a scattering of directory entries amounted to a useful service. Nowadays, SEM works best as part of an integrated marketing strategy, and the service provider's responsibilities do not end when the user clicks on a link in the search engine results pages. This agreement has ...

38. Domain name licence agreement

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Under this agreement one party may permit another to use a domain name for an agreed period or an indefinite period. The party that owns the domain name, the licensor, gives certain assurances to the licensee that the domain name will remain available to the licensee during the term of the agreement. The other party, the licensee, gives undertakings that it will not use the ...

39. Website hosting agreement

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This is a hosting agreement for particular websites. Under this agreement, one party (the host) agrees to provide web hosting services in relation to a particular website or websites of the other party (the customer). The technical details of the hosting should be set out in the schedule to the agreement. The hosting agreement is suitable for customers that are businesses; it is not suitable ...

40. Website contributor agreements

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These contributor contracts share the same core provisions. The contributor has an obligation to deliver the agreed contributions to the website operator, and to license or assign the intellectual property rights in those contributions to the operator. The contributor also warrants that the contributions will not create legal difficulties for the operator. The contracts take account of the possibility that the contributor may be using source material provided by the operator, and in these cases the operator will be responsible for such source material. Confidentiality obligations protecting the operator are also included in all the contracts.

41. Domain name sale agreement

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This agreement may be used in relation to the sale of a domain name, or a collection of domain names, by one person or company to another. The agreement includes provisions allowing for the price to be held in escrow by a third party, pending the completion of the transfer of the domain name. Different domain name extensions are regulated by different bodies and you ...

42. IT support terms and conditions (B2C)

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This is a B2C-specific version of our short-form (ie "basic") IT support services terms and conditions document. The terms and conditions have been created to regulate the supply of IT support services to consumers (not businesses). Optional provisions cover the supply of hardware and software licences. A special clause included in the document covers distance contracts and off-premises contracts - in respect of ...

43. Data processing addenda

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These addenda should be used to complement an existing contract and bring it into line with the General Data Protection Regulation (GDPR). The GDPR is relatively prescriptive about the clauses that need to be included in contracts between controllers and processors and in contracts between between processors and sub-processors. The drafting of these documents follows the requirements of the GDPR closely.

44. Framework software development agreements

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These templates provide a framework within which a customer for software development services may order particular services. After the main agreement has been signed, particular services are ordered using a statement of work. All these agreements assume that the core intellectual property rights in the software created by the developer will be assigned to the customer.

45. Copyright agreement

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This copyright agreement is concerned with the assignment and licensing of copyright and other unregistered intellectual property rights in work and materials. An assignment is a transfer of ownership of the rights, whereas a licence is grant of a right to do some defined act or acts in relation to the protected work. The assignment and licensing provisions are organised using the idea of deliverables. ...

46. Source code licence agreement

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Although software developers may jealously guard their source code, from time to time it may need to be disclosed to others. For example, a developer may be required to disclose source code to another developer who is quoting for the provision of development services; alternatively, source code may need to be disclosed as part of a security review. This source code licence agreement might equally ...

47. Software development and maintenance agreements

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Combining contract clauses concerning the creation and assignment of rights in software with clauses concerning the maintenance of software, these two-in-one agreements help you to limit the number of legal documents you need to sign.

48. Web marketing agreement

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This agreement has been designed to regulate the relationship between a provider of web marketing services and a customer. It deals with a wide range of different services, and for this reason is a relatively complex document. It can however be simplified during editing. The agreement has provisions covering: marketing consultancy, the supply of content for websites, email marketing (including the provision of a hosted ...

49. Web support and maintenance agreement

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This is an agreement to govern the provision of support and/or maintenance services in relation to a websites. Support might include the provision of a helpdesk, the handling of queries raised by the client in relation to the use of the websites, the logging and investigation of bugs and errors in the websites, adding content to the websites and/or minor changes to the ...

50. Software evaluation licence agreement

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This agreement is designed to cover the temporary licensing of software by one business to another for the sole purpose of enabling the licensee to evaluate the software. The core licensing provisions allow for a range of limitations and prohibitions, in addition to this purpose-based limitation. The document assumes that there are no commercial licence fees. However, in order to ensure that the document ...