Business Contracts
Standard Vendor Agreement
Massachusetts
Is a void contract enforceable in court?
We are a LLC Rug business. We were ask for a collaboration in exchange for a social media post. Our contract states that “If in 2 weeks you haven’t posted, then this contract is null and void and you would have to pay full price for the rugs”. Can we sue them if they don’t pay for the rugs if we mentioned that the contract is null and void?
Answers from 1 Lawyer
Answer
Business Contracts
Massachusetts
Richard G.
ContractsCounsel verified
What you have described appears to act as a liquidated damages clause. Typically liquidated damage clauses are unenforceable, or not enforced by courts in Massachusetts. However, there may be other methods that can be used to pursue this vendor. For example, a demand letter is one method of putting pressure on a vendor, and such a letter can be followed up with a suit if the matters in the letter are not addressed within 30 days.
People Also Asked
Business Contracts
Joint Venture Agreement
Massachusetts
How to exit a joint venture?
I am currently in a joint venture (JV) with another company, but due to changes in my business priorities, I am considering exiting the JV. However, I am unsure of the legal process for doing so and the potential consequences of terminating the JV agreement. Therefore, I would like to seek the advice of a lawyer to guide me through the process and ensure that my exit from the JV is handled properly.
Donya G.
If you have an agreement in place, you can simply follow what the agreement says you need to do in order to exit. If you don't, you would need to negotiate an exist with the other party/parties that are involved to ensure a smooth and amicable exit. I can assist you with that. You can engage my services through the website and I can assist. Donya Gordon
Read 1 attorney answer>Business Contracts
Customer Contract
Massachusetts
Can a company change the terms of a customer contract without notification or consent?
I recently entered into a contract with a company for a monthly subscription service, which outlined specific terms and conditions including the price, duration, and cancellation policy. However, I recently discovered that the company has changed these terms without any notification or consent from me, resulting in increased fees and a longer contract duration. I am concerned about the legality of this situation and whether the company has the right to unilaterally modify the contract without my agreement.
Richard G.
The answer to your question is, as so many answers in the legal world..."it depends." It depends because it is possible that the company could have included in the original contract with you a clause preserving its right to change its policy without notice (although it could be argued that such a clause is unenforceable in a court) or it original contract may include language in which you waive your right to notice or some other similar waiver. The contract you are referring to in your question would need to be reviewed by an attorney practiced in contract law.
Read 1 attorney answer>Business Contracts
Acceptable Use Policy
Massachusetts
Can an Acceptable Use Policy be used to restrict employees' personal use of company-owned devices?
I work for a company that recently implemented a new Acceptable Use Policy (AUP) for our company-owned devices, including laptops and smartphones. The policy states that these devices are to be used solely for work-related purposes. However, many employees have been using their company devices for personal activities during breaks or after work hours. I'm wondering if the company can enforce this AUP to restrict employees' personal use of these devices, and what potential legal implications or challenges may arise from doing so.
Richard G.
Generally, the answer to your question is "yes, a company can restrict employee's personal use of a company-owed device" as the company's have the right to restrict access, use of their own property and further, they have a right to protect proprietary property that may be affected by the personal use of a device which the company owns. Another question that your question raises, is, does a company actually achieve the restriction of its company-owned device in its Acceptable Use Policy. The policy itself needs to be examined by an attorney highly familiar with contract drafting, revision, etc.
Read 1 attorney answer>Business Contracts
Founders' Agreement
Massachusetts
What key provisions should be included in a Founders Agreement?
As a co-founder of a tech startup, I am in the process of establishing a Founders Agreement with my business partners to outline our roles, responsibilities, and ownership rights. I want to ensure that the agreement covers all essential aspects such as equity distribution, decision-making processes, vesting schedules, intellectual property rights, and dispute resolution methods, but I am unsure about the specific provisions that should be included to protect all parties involved and promote a fair and successful partnership.
Charles D.
The issue does not appear to be what provisions should be included but instead what contracts should be included. Based upon your needs as detailed above, you would start with the formation documents for the entity, then include employment agreements for the parties. The issues that you are concerned about are probably best resolved with this type of contract structure.
Read 1 attorney answer>Business Contracts
Business Proposal
Massachusetts
Can I include a non-compete clause in my business proposal?
I am in the process of creating a business proposal for a potential client, and I am considering including a non-compete clause to protect my business interests. I have invested a significant amount of time, effort, and resources into developing unique strategies and techniques for this project, and I am concerned about the client potentially sharing or using these valuable insights with competitors. I want to know if it is legally permissible to include a non-compete clause in my business proposal and what considerations should be taken into account when drafting such a clause.
Charles D.
Not sure that the non-compete is the right agreement for this scenario. You might want to consider an NCND agreement. This is a Non-Circumvent Non-Disclosure Agreement. Without knowing more about the relationship between the parties, I would look first to this type of document.
Read 1 attorney answer>