Terms of Business with clients and customers
Businesses evolve, adapt and change in many ways over time. The changes are likely to affect the terms on which you operate your business. We can ensure that your terms of business are correctly drafted to reflect the way you want to do business with your customers. We can also ensure that the terms are reviewed regularly in line with your business requirements and changes in the law.
Most business will have a website. It is important to ensure that any online sale of goods and services complies with relevant regulations (distance selling regulations and consumer protection) governing online contracts and also correctly reflecting your commercial Terms of Business.
Your business should have in place properly drafted terms for dealings with your suppliers. Some suppliers may have their standard terms of sale and supply and we can provide you with advice and negotiate what you are being asked to agree to. Other suppliers may not have any written terms which is an opportunity for you to have your own in place. Supplier relationships are key to your business success and need to be carefully drafted and regularly reviewed.
Your business may involve the distribution of your goods. If you are engaging with an agent or a distributor to distribute your goods whether as a product manufacturer or a main supplier you should have a comprehensive contract in place to regulate these relationships. We can advise you on putting in place a Distribution Agreement and or Agency Agreement to suit your business objectives and assist you with understanding the legal framework and the detailed terms of the agreement.
Non-Disclosure Agreements (NDAs)
Your business strategy may involve sharing confidential information with third parties whose advice or assistance may be required. Before the information is disclosed it is important to enter into an NDA (sometimes referred to as a ‘Confidentiality Agreement’) to stop the recipient from disclosing or using the confidential information.
Trade marks, brand protection, infringement and intellectual property
You should consider carefully whether it is worth protecting your business name or logo by registering it as a trademark. Trademarks distinguish your business from your competitors and create a brand identity which enhances the goodwill of the business. Once registered as the owner of a trademark you have a monopoly over the use of the mark for the class of goods within the territory for which it is registered.
We can advise you on your trademark application and guide you through the classes of goods and/or services for which you may need protection. If on the other hand, your trade mark (whether registered or unregistered) is being infringed we can advise on the action that you can take.
Please contact our London City office on 020 7281 2422 to talk to our team.