Developing technology can be undertaken in several ways. Companies starting in technology often use a variety of methods for developing their technology. These differing methods can lead to ownership disputes. For example, if 75% of your product’s development is done by the owners (as employees of the Company) but 25% is done by consultants, then by law, the owners must get written releases from the consultants granting ownership to the Company, or the Company could lose that portion of their product.
This type of ownership dispute can emerge far in the future, but it can be avoided through written agreements created at the outset by our Firm, to protect your ideas and hard work.
We help your Company eliminate legal and business problems inherent in the development cycle of a technology Company, as they grow and mature.
We have done it before and we would be pleased to do it with you.
- Are you worried about your development team leaving the company to go to work for a competitor?
- Are you worried about your employees potentially stealing your technology?
- Are you worried about having consultants and not employees?
- Do you think you’re saving money by using consultants rather than employees?
- Do you understand the significance and risk if you use consultants rather than employees and they do not meet the IRS test for being consultants.
CONSULTING AGREEMENT & NON-EMPLOYEE PERSONNEL
- Do you have clear ownership agreements with your developers to ensure that you own the product when it’s complete?
- Do you have clear specifications so you know what is expected to be delivered, the cost for that delivery and the acceptance tests for that delivery?
- Are you reliant on one developer to support your entire operation (and without whom you may not have a business?)
- Do you have restrictive covenants with the employees, consultants and non-employee personnel sufficient to keep those parties from leaving to work for your competitor?
- Other areas a technology company needs to review and address:
- Website Services
- Software Development
- Professional Service Agreement
- Ownership Rights
- Sub-License Rights
- 3rd Party Tech Licensing
- Compliance (IP Issues, Info. Security & FRCP Rule 34 Audit)
- Do you license your technology (app, software, Software as a Service (SaaS), cloud based service, or standalone application)?
- Do you provide maintenance for your software as part of your cost (either through a warranty or through an annual maintenance program option)?
- Do you provide web or cloud services and need privacy policies?
- Do you have development agreements with each of your developers that are enforceable in the jurisdiction of the developer?
- Do the agreements you have with software developers clearly show that you own all the intellectual property output from the developer?Does it restrict the Developer from using your code with another third-party?
- Do you have professional services agreements with companies doing services for your company that require background checks, security questionnaires, or other required safety measures to assure that the parties undertaking your development are truly professionals?
- Are you worried about the having rights to sub-license your product that you had developed for your customers?
- Are you using third-party technology as part of your end product to customers? Do you own the rights to the third-party technology sufficient to grant them to your customer?
- Are all necessary factors established leading to professional services being rendered?/b>
Services deliverable during this stage of company life cycle:
We assist in creating a Statement of Work developed from client provided deliverables; contract for developers; professional services; development of acceptance test criteria; document ownership rights at inception of the process.