How To Write Contracts
10:31 AM EDT Fri. Jul. 30, 1999
From the July 30, 1999 issue of VARBusiness
* Use contract negotiations to clarify understandings with clients.
* Rely on a contract so that you remain a neutral party on difficult issues.
* Approach contractual issues using the templates we provide.
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The contracts you sign with employees, developers, clients and partners provide the legal foundation for the work you do and the work they do for you. They protect you. They protect the other party and they protect your business. They are your best insurance in case of a dispute and, often, the best means of avoiding disputes before they arise.
Don't enter into contracts casually. If you're initiating a contract, have a lawyer write it. If you're signing one, have your lawyer review it. This is too important a task to do yourself.
Contracts set down, clearly and in writing, the terms being agreed to and both parties have the opportunity to negotiate those terms before anyone signs on the line. They establish the framework for your working relationships. And, by allowing your lawyer to address the difficult issues, the items that potentially could result in a dispute, you beecome a neutral party who can carry on with the particulars of your business while the lawyer acts as tough negotiator. In that way, good contracts and the process of developing them help to preserve good business relationships.
The sample contracts presented here are intended to provide a starting point, to give you an idea of what you should cover in four different types of contracts typically used by VARs.
The documents contained in this area are for use as reference materials only. They are not considered legal advice nor are they to be used in place of actual legal advice. Use them as templates only to help shape legal documents you need.
Please Note: VARBusiness will not be held accountable for any omissions herein nor for any damage that may result should these templates be copied and used for legal purposes.
Non-Disclosure Agreement
This contract covers the responsibilities, limitations, etc., of a subcontracted independent third party.
Confidentiality Agreement
This contract is to assist in preventing employees from sharing confidential information with competitors.
Employee Agreement
This contract is a basic employment agreement, and it covers employee duties, salary, benefits and termination.
Partnering Agreement
This agreement is used in joint ventures, and it covers the scope of services, payment terms , rights, etc.
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