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Saturday, 4 February 2012 |
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Contractor's legal guide - summing up
Wednesday, 25 June 2003
To sum up the main points from previous articles:
Have a written agreement;
Document everything and confirm instructions in writing (email is fine);
Clearly understand:
(a) Your IP rights
(b) Your liability
(c) The scope of your insurance
(d) Your obligations including
(i) Confidentiality; and
(ii) Restraint of trade
Contracting provides greater flexibility in the scope of agreements between customer and contractor, however, there are many clauses which need to be included in a contracting agreement to ensure adequate protection for both parties. While it is possible to draft a one-sided contract, commercial reality will usually dictate that some form of compromise will have to be made by all parties involved to ensure that the contract is enforceable should a dispute arise between the parties.
This information is provided courtesy of White SW Computer Law
White SW Computer Law (wcl@computerlaw.com.au)
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