information technology client contract template

There are laws protecting consumers from unfair contract terms in circumstances where they had little or no opportunity to negotiate with businesses (such as standard form contracts).

allow one party (but not another) to vary the terms of the contract.penalise one party (but not another) for breaching or terminating the contract.allow one party (but not the other) to terminate the contract.allow one party (but not another) to avoid or limit their obligations.If you intend to offer standard form contracts you must not include terms that are considered unfair. You should read the entire contract, including the fine print, before signing. However in some cases your only option may be to ‘take it or leave it’. It is possible to negotiate the terms of a standard form contract. Standard form contracts are generally written to benefit the interests of the person offering the contract. These contracts are usually printed with only a few blank spaces for adding names, signatures, dates etc.Įxamples of standard form contracts can include: complaints and dispute resolution processĪ standard form contract is a pre-prepared contract where most of the terms are set in advance with little or no negotiation between the parties.guarantee provisions, including director’s guarantees.required insurance and indemnity provisions.payment details and dates, including whether interest will be applied to late payments.a description of the goods and/or services that your business will receive or provide, including key deliverables.definitions of key terms used within the contract.details of the parties to the contract, including any sub-contracting arrangements.When negotiating the contract terms make sure the conditions of the contract are clearly defined and agreed to by all parties.Ĭontracts may follow a structure that can include, but are not limited to, the following items: You cannot terminate a contract if the warranties are not fulfilled, however, you may be able to seek compensation for any losses incurred. If the contract conditions are not met it is possible to terminate the contract and seek compensation or damages.Ĭontract warranties are less important terms and not fundamental to the agreement. These terms may outline contract conditions or contract warranties.Ĭontract conditions are fundamental to the agreement. Generally it will include some terms, either expressed or implied, that will form the basis of the agreement.

There is no specific format that a contract must follow. General terms and structure of an agreement

was agreed through misleading or deceptive conduct, duress, unconscionable conduct or undue influence.

is entered into by someone that lacks capacity, such as a minor or bankrupt.

entices someone to commit a crime, or is illegal.

However it may still be considered invalid if it:

an intention to create a legal relationship.

Essential elements of a contractįor a contract to be legally binding it must contain four essential elements: Regardless of whether the contract is verbal or written, it must contain four essential elements to be legally binding. It is advisable (where possible) to make sure your business arrangements are in writing, to avoid problems when trying to prove a contract existed. Verbal agreements rely on the good faith of all parties and can be difficult to prove. Written contracts may consist of a standard form agreement or a letter confirming the agreement. Some types of contract such as those for buying or selling real estate or finance agreements must be in writing. Contracts can be verbal (spoken), written or a combination of both.

Information technology client contract template