Contract Drafting

Services Contract Drafting

A Contract is legally enforceable agreement between the parties. A valid contract has an intension to create a legal relationship, an offer, an acceptance of offer with a consensus of mind and consideration.

  • Contracts are the foundation of business and they are simple as well as complex.
  • Business Contracts would be in a written form either on stamp paper or on e-mails / letters.
  • Almost all important business negotiations are in a written form in order to bring down the risks of disputes in the business.
  • Consideration must be legal and lawful.
  • The object of the contract must be legal and not contrary to Law.
  • Consideration is what one receives for performing his side of obligations.
  • The object of contract is the outcome of the performance of the contract.
  • Drafting is act of writing the details of contract.
  • Contract clearly explains the obligations of both parties and make them understand their legal rights and responsibilities.
  • The language used in drafting of contracts must be simple, clear, and specific.

General Contracts are:-

  • Any agreement, contract or purchase order.
  • Contract / agreement for leasing the property.
  • Contract / agreement for providing labor, materials, equipment and services.

General Business Contracts are

  • Partnership Agreements
  • Indemnity Agreements
  • Confidentiality Agreements
  • Property, equipment, lease agreements.

Our firm provides unparalleled support to the parties involved in such contracts / agreements in drafting their contracts / agreements effectively.

The Commercial Contracts includes the essential terms

  • The parties involved
  • Price and Payment terms
  • Ordering and shipment
  • Delivery and Acceptance
  • Confidentiality and Intellectual property
  • Limitation of Liability
  • Indemnity
  • Force Majeure
  • Termination and post Termination
  • Governing jurisdiction for disputes & applicable law
  • severance

Our firm provides the best support for negotiating the commercial aspects of products / services, the obligation of each party and the benefits they get in return while drafting contracts.

Corporate contracts are the life-blood of a company. They organize the relationship between a company and its Vendors, Suppliers, Customers and Service Providers etc…..

Some of these contracts are specified below:

  • Service Agreements
  • Distribution Contracts
  • Supplier and Vendor agreements
  • Marine Charter agreements
  • Agreements for business Ventures
  • And legally binding agreement like mortgage, franchise, purchase order and indenture.

All these Corporate Contracts have to address the clauses like:-

  • Business definition / Economic interest
  • NDA & IPR
  • Roles and Responsibilities
  • Performance criteria
  • Dispute Resolution / Conflicts
  • Compensation
  • Mitigation of Risks

Our firm provides unparalleled support to parties to draw up contracts / agreements with clearly defined obligations and terms.

  • Internet Contract / Agreement is a contract between a service-provider and the consumer who uses Internet services.
  • The terms are, responsibilities of parties involved, measurement of performance and payment obligations.
  • Whereas technology contracts are domain specific and hence the drafting requires proper planning and effective negotiation. Many technical terms may be used in such agreements.

The following are the Internet Contracts

  • Browse Wrap agreement
  • Shrink Wrap agreements
  • Web-form contracts
  • E-mail agreements
  • Signature Contracts

The types of Technology Contracts are

  • Software License & Ownership Agreements
  • IT Professional services Agreements
  • Cloud Service Agreements
  • Combination of these Agreements

Our firm provides the best possible support to draft these agreements with key operation clauses, manner and measurement of service provided, payment Obligation and Terminating terms.

E-commerce includes any transaction of business made through an electronic medium, including transactions made through mobile devices. The popular e commerce models are

B2B

B2C

C2C

C2B

Online Contracts are governed under the Indian Contract Act and validated under section 10 A of the IT Act.

The relationship between the customers and the e-commerce entities are governed by the TOS & EULA.

Typical Contracts used are

  • Click Wrap Contracts
  • Browse Wrap Contracts
  • Take it or leave it contracts

Our firm provides unparalleled support to design e-commerce contracts containing arbitration, choice of law and limited liability clauses and with best practices of terms of services and termination.