Our attorneys are well equipped to provide well-informed and pragmatic advice and
solutions in both business-to-business and business-to-consumer arrangements. The work of the firm includes advising in relation to the following:
Contracting On-line
- formation of contracts made over the Internet;
- appropriate terms and conditions;
- choice of governing law and choice of jurisdiction;
- enforceability of contracts;
- electronic signatures, digital signatures and encryption.
On-line Advertising/Marketing
Promotions
- terms and conditions for use on Internet web-sites;
- ensuring on-line advertisements comply with domestic
regulations;
- distinguishing advertisements from binding offers;
- advices relating to on-line marketing materials, including
advice on compliance with TCI and market specific regulations.
Internet Liability
- the potential application of TCI's defamation law to Internet
web sites and communications;
- drafting of appropriate disclaimers;
- drafting effective limitation of liability clauses.
Electronic Records
- data protection and privacy issues associated with doing
business on-line;
- "cold calling" and data transmission activities;
- storage of records in electronic form;
- discoverability and admissibility of electronic records in
court proceedings;
Electronic Payment Systems
- card-based cash systems;
- Digital cash;
- smart cards;
- relevant documentation, including co-operation agreements
joint venture agreements, software agreements, merchant and cardholder agreements.
Banking and Financial Services
- the legal and regulatory aspects of providing banking and
other financial services (such as foreign exchange services, and stock broking) on-line;
- regulatory authorizations required;
- advertising banking and financial services over the Internet;
- compliance with money laundering legislation.
Intellectual Property
Information Technology Contracts
Drafting and preparation of:
- licences;
- support and maintenance contracts;
- distribution and agency agreements (including automated
distribution and supply agreements utilizing Electronic Data Interchange "EDI");
- escrow contracts;
- development and joint venture agreements;
- facility management;
- outsourcing arrangements;
- contracts for Internet Service Providers;
- contracts for web site developers and consultants in relation
to on-line projects.
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