Developing ICT solutions is a complex process which often is difficult to manage, particularly when providing tailor-made solutions. And unforeseen circumstances may arise during the development phase. These may relate to aspects such as completion times, unexpected bugs and failures or interoperability with the client’s existing hardware or software. Most problems and conflicts relating to liability, for instance, can be avoided by ensuring clear agreements are made between the developer and the client.
There are a wide range of ICT contracts. The most well-known are software licenses (ranging from a software development agreement to an End-User License Agreement (EULA), Application Service Provider (ASP)/SaaS agreements and escrow contracts. Standard general terms and conditions from trade and industry associations, such as the Federation of Dutch IT Businesses (FENIT) or the Netherlands Federation of Branches of Technology (FHI), are often used for ICT agreements.
Amendments or additions almost always need to be made to these standard terms and conditions to ensure they correspond to the specific contract.
Resellers conclude their own contracts with clients, even if the services are provided by the ultimate provider. The reseller’s clients cannot simply turn to that provider in the event of damages or other claims.
As a web designer starting up a business you will need a solid legal basis to provide your services.
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