Can I use an existing Website Agreement template for my new website?

Every website that offers services and lets users create accounts needs Terms of Service - it's like having a contract with your users. It's crucial, especially in Texas. Recent Texas court cases have made it clear: you need to make sure users actually see and agree to your terms. The StubHub case is a perfect example. The court looked at whether users had fair notice of the terms and actively showed they agreed to them. The best way to do this is with what we call a "clickwrap" agreement - that's where users have to click "I agree" during sign-up. Your Terms of Service should include: ACCEPTANCE: Clear instructions on how users accept the terms - that "I agree" button. Then, spell out exactly what services you're providing and what users can and can't do on your site. PRIVACY POLICY: You'll also need a privacy policy section that explains how you handle user data. Depending upon your services and the nature of the data you are collecting and from where your users are arriving, you may need separate detailed privacy policy and a cookie policy. ADDITIONAL: You'll want sections on how disputes get resolved (like arbitration), limits on your liability, and your right to update the terms later. Getting this right protects you legally and sets clear expectations with your users.

While the basic structure and framework of a consulting agreement and an independent contractor agreement are very similar, the primary difference is in what services the consultant provides. In a consulting agreement, the consultant is providing their advice for a fee. The guidance will be in the field of their expertise and, usually, includes evaluating an aspect of your business and making suggestions regarding what to do next. An independent contractor, on the other hand, will actually perform the work. The difference is not always a bright line and will vary depending on the circumstances. In some cases, a service provider will evaluate, recommend, and then perform. In that case, they are acting as a consultant first and then an independent contractor. It is also important to properly consider the differences between an independent contractor and an employee.

It depends. In many cases the lawyers representing the seller draft the asset purchase agreement. This is not always the case and at least forty percent (40%) of the deals I have worked on have featured the buyer drafting the asset purchase agreement. Who drafts the agreement may often depend upon who is in a stronger position and/or who has attorneys with the bandwidth to properly support the deal, as envisioned in the relevant term sheet.

Just like the name suggests, an asset purchase agreement is just that – an agreement to purchase existing assets. This would be the appropriate document to use if you are buying or selling some or all of the assets of a business but not the business itself. For example, if you own a yard service company and you are interested in buying all of the mowers, trucks, and equipment of another yard service business. An asset purchase agreement would give a defined list of the equipment you are purchasing. If you were interested in buying the whole business, including existing contracts, assuming the debt, and retaining the other business’s employees and perhaps even their name, you would want a business purchase agreement.

What services are being performed, when will be services be completed, the cost and payment structure. DISCLAIMER The answers to these questions do not constitute legal advice and does not create an attorney-client relationship with the attorney and anyone who reviews these responses.