SaaS suppliers making online sales of SaaS services to business customers in the UK need to ensure that they have the necessary legal documents and information available on their website to comply with English law. Simply having a SaaS agreement online will not cover all legal obligations in the UK when providing SaaS services online. Below is a summary of the documents and information that you should have available on a UK website.
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SaaS Agreements – Website Legal Requirements – for SaaS Suppliers
Below, I have set out the main legal requirements (including some optional recommendations) that you should comply with when operating your website in the UK. Even if you do not sell SaaS products or services online via your website, you will still need to comply with the following English laws when operating a website in the UK.
Mandatory Requirements
About Us/Contact Information
Continue readingWebsite Legal Requirements – Tweeting – 5 Legal Offences to Avoid
There have recently been a number of high profile cases on liability for the sending of inappropriate tweets in the UK and the USA.
As tweeting becomes more and more the norm for many businesses it is important to consider the legal consequences of staff sending inappropriate tweets. Before allowing, permitting or encouraging staff to start tweeting on your behalf or with your brand you should consider creating a tweeting policy.
Continue readingWebsite Legal Requirements – Providing Mandatory Information to Consumers
Website operators who sell products or services to consumers online must comply with the provisions of the Consumer Protection (Distance Selling) Regulations 2000. These require you to provide consumers with specific information in a durable medium before the products or services are delivered.
Continue readingWebsite Legal Requirements – Online Sales – New Consumer Rights
If you supply goods and services to consumers via the Internet you will need to change your terms and conditions of sale to incorporate the new EU Consumer Rights Directive before the end of 2013. The new directive harmonises consumer rights protection across the EU for all BTC (business to customer) online sales of goods and services. The directive must be implemented into UK law before the end of 2013 (probably in a Consumer Bill of Rights) which will result in the following compulsory rules applying to online sales.
Continue readingWebsite Legal Requirements – Data Commissioner Fines for Unsolicited E-mails
As a result of an amendment to the Privacy and Electronic Communications Regulations 2003 (PECR), from the 25th of May 2011 the Information Commissioner’s Office (ICO) will have the power to impose fines of up to £500,000 on companies, if they send unwanted marketing e-mails or text messages to consumers.
Continue readingWebsite Legal Requirements – Ecommerce and Distance Selling Rules
A number of different laws apply to websites, the content on them and online sales which are set out in the Consumer Protection (Distance Selling) Regulations 2005 (as amended) and the E-Commerce Regulations 2002 which have been summarised below.
Company Information
The following information must be made available on your website.
Continue readingWebsite Legal Requirements – Contact and Company Information
About Us/Contact Information. You must provide the following information in an easily accessible position on your website to comply with the legal requirements of the E-commerce Directive in the UK.
Continue readingWebsite Legal Requirements – Ecommerce
About Us/Contact Information. You must provide the following information in an easily accessible position on your web site:
* your legal name i.e. XYZ Ltd
* your geographical address
* contact details i.e. telephone number, fax number and email address
* which country your business is registered in and the registration number
* details of any supervisory body which regulates your business i.e. the FSA. For regulated bodies more detailed information is required.
* where you are registered for VAT and your VAT number
* clear details of prices and whether or not delivery and/or tax is included
Interest from Customers who Pay Late – BTB
In the current economic climate, business customers often deliberately delay payment of invoices. Protect your business and improve your cash flow, by exerting your right to claim interest on late payments. Is an interest clause required in the contract? No. There is no requirement to have an interest clause in your contract. You have a statutory right to claim interest on late payments from a business customer (BTB). The statutory interest rate applicable is the Bank of England Base Rate + 8%. At the time of writing the currently applicable
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