Policies & Contracts
Cyber Laws and are mainly governed by the IT Act 2000 and its amendments of 2008.With the advent of the connected era, a lot changed in the way we would conduct our business. This also called for an intersection of two very different industries of namely, ‘Technology & Law’. While the inherent ant nature of ‘Technology’ is proactive, ‘Law’ is reactive in nature and hence raised a need for the regulators to come up with a new framework of laws that are more inclusive as far as the new style of business is concerned. These are known as Cyber Laws and are mainly governed by the IT Act 2000 and its amendments of 2008.
Nobody would have believed in the early years of the last decade that booking of cabs or ordering furniture would be done online. The Act was last amended in 2008, hence a business of today needs to understand the regulatory framework to fit their business model in it and not end up on the wrong side of the law.
While traditional Lawyers are trained to fit the facts in a predefined framework of law, their lack of understanding of technology stands to be the biggest challenge for the implementation of such a complex subject defined by the IT Act. We are a team of professionals with collective experience in Technology & Law of over 50 years. We have engineers trained in Cyber Law along with lawyers and experts in the Patent and Intellectual Property domains, to understand the digital structure of your business and provide you the right compliance as defined by the Act.
Click on each of the below documents to understand its relevance to protecting your business interest in today’s digital world.
Services
- Website & Application
- Compliance Documents
- Third Party Contracts
- Intellectual Property Agreements
This is the family of documents that one must have if you are running a Website or any such Application as part of your business model.
This disclaimer defines the rules of using your Website or Application. This is very similar to putting up a ‘Rules & Regulations Board’ in a physical store or a premise. While Terms of Use are the disclaimers on using of the software, Terms of Service are the disclaimers on the services provided using that software.
This document is the policy of your company defining privacy to the users of your Website or Application. It lays down details on the way you would collect, store and use the data of the user. It is mandatory to clarify this in today’s time of data uncertainty.
This document is the primary agreement between the user of your Website or Application with your Company. It is important to lay down the understanding between both parties to address critical issues in the future.
This document is a business-critical agreement If your business model is an aggregator or marketplace setup, which does not require you to maintain any inventory at your end but connect the buyer and seller to conclude a transaction. It establishes the roles of the parties in the transaction along with clarification of the liabilities.
One of the mandated requirements of any Payment Gateway provider would be the Refund & Returns Policy of the Website or Application before it can be integrated into the software. This document clearly defines the way a transaction is going to be treated in your business model.
Employment in the digital era is much more evolved in comparison to the challenges faced by the previous batch of entrepreneurs. It contains complexities of Confidentiality, Intellectual Property, IT Act compliance, Work from Home, and so on. None of these was a concern in the pre-digital era, but have the most significance in today’s time. This may be the most important document which will establish the duties and liabilities of your highest valued asset.
The Information Technology Act mandates every organization to have an IT Policy, which effectively defines the dos and don’t of your IT infrastructure. In absence of this, there are technically limited ways that the liabilities are mitigated, especially in cases of data misuse or theft. It is a requirement by compliance and a highly recommended document at the operational level.
Data also known as the currency of the future, is a key asset that needs protection at all levels of handling. The layout of collection from storage to usage needs to be well documented to prevent any kind of misuse or leakage of the data sets. If not managed in time, this can become a company’s biggest nightmare in the digital era.
Inclusiveness, Gender Equality, a safe work environment is fundamental to today’s work culture. One of the key areas of focus if you want to hire and retain talent in the current human resource scenario. Each company with over 10 employees are mandated to implement the POSH policy as per the Prevention of Sexual Harassment at Workplace Act 2013. Noncompliance can lead to serious damage to the reputation as well as operations of the Company. It is advisable to implement this policy in the interest of human assets and is mandated to be implemented by law.
The new business models of today’s startup scenario also include a redefinition of a partnership of the promoters popularly known as Co-Founders. While this relationship is structured on the framework of partnership but is much more descriptive such as the roles and responsibilities of each promoter. Adding to this today’s models also makes space for such partnerships to be built while the company is in advanced stages of growth, which naturally increases the complexities in terms of the value the new promoter brings to the company. This document is recommended for continuity of clarity of roles and a progressive relationship between the promoters.
This is a family of documents that will define your relationship with Third parties that your Company associates for good. These arrangements would define the roles and responsibilities of your partners, which is directly proportional to the growth of your business model.
This is a widely used document across the globe to protect the confidentiality of information shared outside an organization. This document clearly defines the purpose of sharing information and its parameters of protection. A must-have in today’s era of strict data-based regulations.
Asset lite models are proven to be a success in the last decade and which means that you need to outsource most of the non-core operations to third-party vendors. One does not need a debate to understand the need of drawing a strict framework while undertaking such partnerships.
Ecommerce has simplified sourcing and supplying products to multiple geographies. While the process is simplified, it has added complications to the roles of each party. This document is essential to define the roles and responsibilities of each party before such supply or sourcing is established so that the simplified process stays simplified.
Digitization has boosted the Freelance work culture which blends well with the Startup ecosystem. While it is a great way to source rich cost-effective talent, but it can also get gaps of experience and quality for your customer. It is hence very important to establish a framework based on your business model and draw it via a water-tight contract to provide a seamless experience for your customers.
The most common mistake that entrepreneurs make while appointing Digital marketers is signing a contract provided by the service provider. The Agency is going to draw a contract which is favoring their offering and not what your business model requires. While the budget sheet has most zeros reserved for marketing purposes, most people fail to document the understanding connected to this spend. Every business must have a customized contract with the Agency suiting their negotiation rather than a standard made for all contracts.
One of the key factors of the success of an eCommerce business model is an efficient delivery system. TPL or Third-Party Logistics companies play a vital role in the success of most delivery-based business models. Entrepreneurs tend to sign standard templates provided by the TPL which barely covers the important aspects of the Startup business process. Such important associations should be well documented for duties and liabilities of both parties, especially when it has a direct tangible impact on the balance sheet.
Associating with Brands or Co-Branding is a very effective means of marketing in today’s business scenario. But a wrong move can tie your Company in a direction that may not be the most suitable to the business model or due to lack of knowledge of the possibilities, just getting tied to a brand with no room to move. Hence it is important to have a professional draw this contract, ensuring that the association follows the plan to grow your business rather than tying you to an anchor.
IP or Intellectual Property is the new asset instrument in this Digital era. Creating an IP is just one aspect, the key is in the monetization of this property to give a tangible benefit on your balance sheet. The best part of digital property is that it can be licensed to one or multiple parties interested in using the IP. This document is designed to draw down the terms of use of the IP and ensuring that you don’t lose control of the property, hence it is not any less important than the traditional lease agreement signed in cases of physical property.
It takes efforts in the currency of time to develop an IP or Intellectual Property, sometimes years to innovate one. A recently observed trend in this space is successful strategic and commercial exits given to innovators or entrepreneurs. This ensures documentation of the correct understanding allowing you to enjoy the exit peacefully and fruitfully.
In today’s content-driven world, creating an IP or Intellectual Property like authoring a book or report can be a massive booster to your career. While it is exciting to be Authoring or getting it created through a Ghost Writer, it is important that you protect all your rights in the property created. Not defining anything clearly or not creating a document of understanding is the most dangerous act while creating the property, it is as good as buying a property in the physical space without any documentation. This document captures the complete understanding between you and your Co-Author or Ghost Writer ensuring that your rights in the property stay protected.
The digital boom has created ample avenues for marketing at all levels, it is now that even growing brands can look at establishing relationships with influencers and celebrities. While the idea of endorsement sounds great, it has a set of complexities as you are either dealing as a growing company with an entity whose endorsement will create waves because they are more established and followed or you are the entity who is endorsing a brand at the stake of your reputation. Each of these can have its sets of challenges, this document is designed to ensure a smooth working relationship while the risk is mitigated at the start of the relationship.