What’s in your fine print? Here’s mine.

8 Responses

1. This is something i think should be subtracted 🙂

   “9. Use of Web Site for Promotional Purposes – Customer grants Find Your Dreams, Inc. the right to use the clients Web Site for promotional purposes and/or to cross-link it with other Web Sites, and to offer one-way links out that may or may not reciprocate back.”

2. or maybe it needs more exlaination

3. The jurisdiction section, the “protect and defend” language, the “signed by both parties” language, and perhaps the arbitration section should all be rewritten or rethought by an attorney. I suspect they were not written or reviewed by an attorney, but if they were, fire them.

   Warning: I am not an attorney, just a law school graduate … and as such this is not (and is not intended) to be a legal opinion. Just friendly advice that there look to be serious deficiencies that a lawyer would rip apart if you were ever in court (or legal points you are not taking advantage of).

4. “Delinquent bills will be assessed a $50 charge if payment is not received within 20 days of the due date. If an amount remains delinquent 30 days after its due date, an additional $100 penalty will be added for each month of delinquency”

   Not exactly on-topic but is this the standard for the US? For UK clients the law states you can charge 7% of the invoice if payment is not made within 30 days. Our problem here is that we deal with clients internationally now and I’m trying to write terms which better apply to them all (or at least have individual country contracts if that is not possible).

   We get a few Chinese clients, which I think would be the hardest to deal with on a contractual level but luckily they have all been extremely prompt payers to date.

5. It seems a bit one sided.

   Both parties may exchange confidential information. Non disclosure should go both ways.

   Is this a “Work for hire” agreement (as defined in the Copyright Act, as amended, 17 U.S.C.A. § 101 et seq.) and owned exclusively by the Client where you immediately, unconditionally and irrevocably transfer and assign to the client all right, title, and interest in and to such Work, including, without limitation, all copyrights and other intellectual property rights to the work when final payment clears?

   Do you agree to provide Client original, custom work for the project?

   Do you represent and warrant to the Client: (i) that the Work will be original to you and will not have been published previously or used in any medium for any purpose; (ii) that the Work will not infringe or violate any right of any third party; (iii) that your performance under this agreement and the rights you grant under this agreement will not conflict with or violate any agreement or understanding that you have or will have with any third party; and (iv) that the Work will not contain any libelous or unlawful material, or any material that could expose the Client to liability.

   Does the client have the exclusive right to reproduce, edit, adapt, modify, perform, transmit, and otherwise use the Work, including any derivative works created therefrom, in any manner or medium throughout the world as well as reproduce and distribute the Work on printed materials, electronic or optical media, CD-ROM, the Internet, the World Wide Web, or in any other media now known or hereafter developed?

   Do you agree to indemnify, defend and hold the Client harmless from any and all losses, damages, and/or expenses (including reasonable attorneys’ fees) that the Client may suffer or incur by reason of any claim arising out of or related to your breach or alleged breach of the terms of the agreement?

   Do you further agree to cooperate fully in the defense of any legal action that might arise from the creation or publication of the Work?

   Are you solely responsible for the payment of any federal, state, and/or local income, social security, and/or self-employment taxes, as well as for the payment of any necessary insurance, including worker’s compensation insurance, with respect to the services and Work furnished under this agreement?

   Do you further agree that this agreement does not constitute an employment contract or an offer of employment?

   Do you acknowledge that under no circumstances will you be included in any employee benefit plan of the Client and you hereby waive any right to be so included?

   Just wondering…

   Aloha,
   Dave.

6. I really need some of these “words” – whilst I am a small SEO service I do wish I could come up with a better “agreement” for my business.

   Anyone have the perfect one page agreement????

   I particularly like to offer no guarantee….

   David

7. “No Guarantee” is not the fine print–I like to keep that up on the top of the front page in 18pt font.

   I’ve found that most of the “templates” out there for SEO Consulting really don’t fit for me (kind way of saying they suck). I’ve found the most success just making sure the terms are solid, and then appending a brief but custom Work Plan, with “roles/responsibilities”, “timetable” & “authorization” sections that clarify duties & expectations.

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