Our focus is you

As a customer, there are many advantages to commissioning bespoke or custom software for your business, including creating a tailored and efficient user experience and giving you a greater degree of control over the use of the software. From a legal perspective, however, IP rights in bespoke software that you commission may still remain owned by the software developer. It is far better that there is something in writing which clearly transfers the ownership of the IP rights in the bespoke software to the commissioning customer so as to remove any uncertainty.

Once ownership has transferred to you, you may issue licences and distribute the software in line with your business plans and objectives. You will, however, be responsible for updating and developing the software on an ongoing basis to ensure it retains its value and remains fit for purpose. For this reason, you may wish to continue engaging the developer under a separate maintenance contract to undertake this for you, if you do not have the capabilities in-house.

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Recent work

Long-term commercial, IP, IT and data protection advice

We have worked with our client for over 16 years acting as an outsourced in-house legal function for all business and day to day legal matters, supporting on all commercial, employment issues and property matters. Our ongoing legal support helps to minimise risks across the business.

Ongoing work for leading IT solutions and cloud services company

We provide ongoing representation to a large IT company on all its contentious and non-contentious legal matters. This includes advice on their IT contracts, contract procurement and large-scale customer documentation review.

Defending client against allegations of wrongful IT contract termination

We helped a client terminate the contract with its IT provider because of significant delivery failures (spanning network security issues and GDPR failures). The provider alleged wrongful termination and sought significant damages. We assisted with defending the allegation of wrongful termination and set out our client’s counterclaim for breach of contract and damages. The matter was successfully resolved through mediation.

Advising leading photography and print services business on IT services

Advising internationally renowned media business in relation to sale and lease of its equipment, firmware, hardware and connected services (including embedded software licences and SaaS/online connected services). Work also includes provision of related IT advice, drafting of software licences for customer use and preparation of deeds of indemnity and lease arrangements for IT equipment.

SaaS customer contracts advice

Advising software business in relation to its customer contracts, on Software as a Service (SaaS) agreements, software licence arrangements and updating terms and conditions particularly around development and acceptance phases and data protection law updates.

Advising cloud platform provider to aid digital transformation

Advising cloud platform provider in relation to its managed services agreement and provision of its IT services. We also advised on hosting arrangements and cloud platform terms, including flexibility of services and changes to Statements of Work/ scope of services provisions. The team also created a bespoke revised Managed Services Agreement to reflect the digital process for customer engagement.

Advising a leading real estate development management consultancy

We were appointed to prepare a template agreement for SaaS services delivered through the client’s software platform. We were then instructed to adapt these agreements so they were presented as standard terms and conditions. We have further assisted the client with concluding contracts for use of the platform and drafted significant amendments to the standard agreement and terms and conditions. We also advised the client on a Managing Services Agreement between it and an overseas consultancy, in relation to software development, software engineering, graphic design, technical and informational maintenance and management services to be provided to our client.

IT services contract

Negotiating and finalising an IT managed services contract for a charitable body, including advice on data protection issues.

News and insights

Penalties for breaching environmental legislation

Insights

An overview of the environmental regulator’s approach to the enforcement and prosecution of environmental offences which outlines the potential penalties and other implications for a businesses who breaches environmental legislation

25/02/2015

Enforcing possession orders – how not to do it

Insights

We explain how not to enforce possession orders, as shown in London Borough of Southwark -v- AA [2014] EWHC 500 (QB)

29/09/2015