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Contract for E-commerce Developers

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  • 23-10-2007 4:53pm
    #1
    thedesigntribe
    Registered Users Posts: 126 ✭✭


    Hi All,

    I have to put together some form of 'E-commerce Contract' - something that I can give to clients that lays out the T&C of an E-commerce Site Development.

    1. Can anyone offer help/pointers in putting together e-commerce contracts?
    2. Any links to good pre-made (modifiable) contracts that suit Irish Law?
    3. Any links to affordable Solicitors in this area?


    Cheers All

    TDT


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    #2
    mneylon
    Registered Users Posts: 7,739 ✭✭✭mneylon


    If you're a member of the IIA they have a lot of legal documents available, though I'm not sure if they cover what you need

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    #3
    thedesigntribe
    Registered Users Posts: 126 ✭✭thedesigntribe


    Hey blacknight

    We are starting to build e-Commerce sites, before we do, I am trying to find out where we stand with liabilities.

    Once the site is built and handed over to the client, can we be held liable for anything that goes wrong with it in the future?

    Should a client neglect to implement basic security upgrades - how can we protect ourselves self from any eventuality that could result from a hacking of a site?

    Not a member of the IIA - there are not many benefits to those located in the wild west.


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    #4
    mneylon
    Registered Users Posts: 7,739 ✭✭✭mneylon


    thedesigntribe wrote: »
    Should a client neglect to implement basic security upgrades - how can we protect ourselves self from any eventuality that could result from a hacking of a site?

    Not an easy one. I can't speak from a developer's perspective...

    If security is a serious concern then maybe getting a 3rd party to do an audit might be an option. A lot will depend on how much money is involved overall I guess.

    If the client is really serious about security they should be looking seriously at getting a dedicated server, though I know a lot of the smaller merchants might consider that to be overkill.

    thedesigntribe wrote: »
    Not a member of the IIA - there are not many benefits to those located in the wild west.

    True enough, though they have been organising more events outside Dublin over the past couple of years.

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    #5
    Seth Brundle
    Moderators, Politics Moderators Posts: 39,899 Mod ✭✭✭✭Seth Brundle


    thedesigntribe wrote: »
    We are starting to build e-Commerce sites, before we do, I am trying to find out where we stand with liabilities.

    Once the site is built and handed over to the client, can we be held liable for anything that goes wrong with it in the future?
    If you agree (esp. in writing) to build a site that will be secure, then you are obliged to do so. It could be alleged that if it proves to be not as secure as they were initially told at handover, then you could in theory be liable. Will they be allowed edit the site's structure and settings? This could negate any liability against you, should they change anything.
    thedesigntribe wrote: »
    Should a client neglect to implement basic security upgrades - how can we protect ourselves self from any eventuality that could result from a hacking of a site?
    What upgrades? Are they going to be informed of these and by whom? Who is to upgrade it? If you are developing their site, are you going to perform the upgrades?
    In terms of protecting yourselves from hackers, one safe practice would be to prevent any critical info (credit card details) being stored on the server (or elsewhere).
    Lastly, go with a reputable host that has not been chosen by cost (and then it turns out to be some 15 year old in their bedroom!)


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    #6
    thedesigntribe
    Registered Users Posts: 126 ✭✭thedesigntribe


    kbannon wrote: »

    What upgrades? Are they going to be informed of these and by whom? Who is to upgrade it? If you are developing their site, are you going to perform the upgrades?

    If for instance we are asked to install OsCommerce or any MS produce... it may need, as of now, unforeseen security upgrades to plug newly discovered exploits. Should a client sit on their hands for 10 years without looking to how the web is evolving & maintaining their site accordingly - any company needs to protect themselves law suits coming from this.


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    #7
    Seth Brundle
    Moderators, Politics Moderators Posts: 39,899 Mod ✭✭✭✭Seth Brundle


    In that situation then you draw up a clause within your contract that either take out a maintenance agreement or they look after software updates themselves. Bespoke or customised versions of software can be difficult enough to upgrade so it may be in their interests to stay with you for this reason. If they are going with OS commerce, I presume you are declaring this to them.
    I suppose the main thing is that you cover your arsé within your contract.


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    #8
    thedesigntribe
    Registered Users Posts: 126 ✭✭thedesigntribe


    kbannon wrote: »
    In that situation then you draw up a clause within your contract that either take out a maintenance agreement or they look after software updates themselves. Bespoke or customised versions of software can be difficult enough to upgrade so it may be in their interests to stay with you for this reason. If they are going with OS commerce, I presume you are declaring this to them.
    I suppose the main thing is that you cover your arsé within your contract.

    Your dead right... hence my original post....

    1. Can anyone offer help/pointers in putting together e-commerce contracts?
    2. Any links to good pre-made (modifiable) contracts that suit Irish Law?
    3. Any links to affordable Solicitors in this area?


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    #9
    mneylon
    Registered Users Posts: 7,739 ✭✭✭mneylon


    thedesigntribe wrote: »
    2. Any links to good pre-made (modifiable) contracts that suit Irish Law?

    I've never come across any Irish ones, though you can probably take a UK one as a starting point. The law is different, but there are a number of areas where they share common ground
    thedesigntribe wrote: »
    3. Any links to affordable Solicitors in this area?
    Does such an animal exist? :)

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    #10
    CoNfOuNd
    Closed Accounts Posts: 270 ✭✭CoNfOuNd


    I wouldn't have a solicitor draft one from scratch, but it's a good idea to have them check the final version.

    I would make sure any contract includes an itemised list of all the features the ecommerce website will have, and a schedule for payment and delivery.

    - Who has ownership rights
    - Any ongoing maintenance agreement
    - Invoice collection fees, late payment fees
    - A warranty and a disclaimer
    - A limitation of liability
    - Indemnification
    - Confidentiality (how you will store their data, and text that anything the client provides to you for the website development is public knowledge unless they write 'confidential' on it)

    It might be an idea to consider joining a business association or getting advice from your local business support/enterprise agency. They should be able to provide you with a basic level of legal advice and sample contracts.


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