Hi, We are a small start-up, and we are trying to sell software to some big corporations. The software is sold for less than $3K and several staff members of the companies want to avoid their legal department. Here is the common situation that I have experienced, and I would like to know if I am taking a big risk accepting this way to proceed: The company ask for a quote, but they do not want us to leave a line for them to sign. They will create a purchase order, but they will never sign the terms and conditions or a contract, and they expect me to sign it. In the quote I add a line that says, " all services are provided under my company terms and conditions". The software is re-distribute with a license, so if after a year they do not pay the license will expire and they will not longer be able to use it. The question is that if I sell the software just signing the purchase order, is there any danger for my business that I give them some rights? Thanks
You need the terms and conditions. What you can do though is simply changes the specs of the terms and conditions to accomodate this segment of your clients.
People who want the license but are willing ( for whaterver reason ) willing to aquire the product on their own dime can still do so. Protect yourself by having the typical "if purhased your agreement of terms and conditions is implied..." With that said is always best if you make them read them... Such as if digital, form is cannot be acknowledged unless they open the terms and conditions form or scroll through it. That way is more alwyas more on them than your company.
We cant ever avoid a lawsuit or allegations but what we can do is simply allow people to make their educated decisions and us record such acknowledgement of information.