For entrepreneurs and businessmen, successfully inserting themselves into the current market and society implies many challenges. The challenges of the competition, the constant improvement in the product or service, the deep understanding of the target we intend to address and the use of new, changing and modern means of advertising and dissemination, represent a real challenge. A reality in which the digital world takes on more space and functionality, the new technology contracts have become an important aspect for the proper functioning of any business venture .
There are many areas of commercial law that are vital for a company to be born, grow and be maintained, following the parameters established by the legislation. Matters such as the incorporation of companies, bankruptcies, national and international contracts, exchange, banking and securities law, are among the main areas. But in recent years, changes in business dynamics have resulted in the emergence of contracts that are not regulated by traditional instruments of law . If you want to review the status of your company in the technology area, the professionals at Cerrilo-Gomez Boutique Law Firm can guide you on everything related to technology or new technology contracts.
What are new technology contracts?
In the initial years of the Internet explosion, this was a relatively free environment, in which there were no precise regulations. But with the migration of a large part of our activities to the virtual world, it has been necessary to design regulations that regulate the matter . Whether your business is based on the web, as if its main base is the physical world, new technology contracts have become essential for the proper management of modern companies. After all, an almost absolute majority do make some kind of presence on the Internet.
The term technology contracts usually refers to two variants . In the first place, these are those contracts that are intended to define or regulate a computer good or service, whatever the means used to formalize it. The second variant refers to the contracts that, regardless of the object, are concluded through the computer channel. These are also called electronic contracts.
Regarding the first variant, these are commercial contracts that are signed between a computer company and another company or individual that requires its services . The most common are those that refer to the order of development of computer programs such as web pages, software or mobile applications. Contracts for hosting and maintenance services, or any type of external service linked to the IT area, also fall into this category.
In the second case, it is about new technology contracts that have a direct link with the user or client . These are the legal instruments that regulate the contracting of a good or service through the Internet. In this sense, they must cover everything corresponding to the application or enjoyment of the purchase that is made, the legal notices, the conditions of use, among other factors.
Currently an almost absolute majority of companies make a presence on the Internet through a website. Even more business initiatives proliferate every day whose sustenance, reason for being and business model is based exclusively on the virtual world. In this sense, new technology contracts linked to the regulation of a computer good or service are becoming increasingly important . Among the main models of this type of legal instruments, we have the following.
Hosting and domain agreement
When we talk about hosting or web hosting, we refer to the service that provides Internet users with a system to store information , images, video, or any content accessible via the web. Hiring your hosting and domain registration service from a computer company involves selecting the name with which you want your website to be found and recognized, as well as the place in cyberspace where it will be anchored.
Domain renewal contract
This is a fundamental point for entrepreneurs and businessmen who are approaching the virtualization of their business initiative. If you are starting your website, try to include the domain renewal in the same hosting service . Remember that the domain you have chosen and for which you have paid has a limited validity, generally one year. If you do not expressly include the renewal clause of your domain, after the contracted time elapses you could lose it.
Software or mobile applications development contract
This area of new technology contracts has been growing by leaps and bounds in recent times. The use of mobile applications has increased notably, and many brands want to provide their users with a valuable tool, developing a specific App for their product or service. There are also companies that, in order to increase the efficiency of their operation, require the development of software with specific functionalities. In this sense, this class of contracts must collect as precisely as possible, all the terms of the program , which is considered to be tailored to the needs of the company that has commissioned it.
Consumer electronic contracts
New technology contracts that focus on consumption are those that regulate the activity established between the company and its potential users or clients . The most novel point of this class of legal instruments is the fact that, as is traditional, the physical signature of the person who accepts it is not required. Sometimes an electronic signature is required, and in others, with only the acceptance of the specified conditions, the contract would be valid.
The fundamental thing in this sense is to understand that the specifications set out by the instrument must be fully complied with, as it represents the formality and professionalism of the company, in addition to having legal implications . It is also important to detail the scope of the contract. The terms and conditions must be totally clear, since not all the operations that we access on the internet necessarily imply the acceptance of a contract. Among the most common consumer electronic contracts are the following.