ps I plan to organise a free seminar on cloud services/legal issues with a few Oxfordshire companies in the coming months. If you want an invitation, please send me your data via this contact form: If the reseller is a real reseller, the seller obviously cannot impose a selling price, so the seller`s “percentage” is really an expected percentage and not an actual percentage. This has an impact on legal exposure. Since your company would directly contract with customers to provide the service, the standard legal limits applicable to the exclusions of liability related to the provision of services apply. For example, many of these exclusions are subject to an “adequacy test” under the Unfair Contracts Act 1977. . I checked the point (which would have been a year or two ago) English law did not expressly require a service provider to store users` encryption keys, while there may be an obligation to deliver them to the relevant authorities if you have them. A reseller will be in a similar position to a service provider in this regard. Force majeure.
Neither party is liable for any loss of performance due to reasons beyond the proper control of that party (e.g.B. Fire, explosion, power outage, earthquakes, floods, severe storms, strike, embargo, labour disputes, acts of civil or military authority, war, terrorism (including cyberterrorism), force majeure, acts or omissions of modes of internet transport, acts or omissions of regulatory or governmental authorities (including the adoption of laws or regulations or other governmental acts affecting the provision of the company 1) online services)). However, this section does not apply to your payment obligations under this Agreement. Any reference to the “day” in this Agreement shall be a calendar day. Agency legislation allows agents to conclude contracts on behalf of their contracting entities. A reseller appointed agent can therefore enter into cloud service agreements on behalf of a provider. The reseller`s rights to enter into contracts may be subject to an appropriate contractual restriction in order to provide some protection to the client. The choice of model is not a legal kindness. It has a fundamental impact on the relationships between suppliers, resellers and customers.
For this reason, you should talk to your lawyers at an early stage in order to develop a network of resellers of SaaS cloud services or others. I assume here that the contract between the reseller and the customer does not explicitly or implicitly impose liability on the reseller in the performance of the Vendor/Customer contract. If there was no due diligence or if there was no inadequacy, there are probably potential debts for the reseller. It is exclusively to allow its customers to work by a single supplier (she) in order to obtain several proud + services in order to avoid the overhead of purchases and additional suppliers. Under the agency model, the client therefore concludes contracts with the supplier. Where the reseller also provides software or services to the customer, this should usually be done through a separate contract. Thank you for your honest answer. Is it possible to arrange an interview with yourself through your legal advice? The distribution of income or profits between sellers and resellers depends more on the relative values of their contributions than on the legal model used to structure the relationship. If the payment of a customer is a significant project and a significant risk, the reseller expects a higher share. If the cloud application represents a significant investment with a very defensible USP, the provider is in a stronger position. In principle, one of the best defenses against supplier failures is to easily have an alternative supplier at hand – and a clear transition path. Feasibility depends on the nature of the services.
The recommendation model is perhaps the simplest. Reseller refers customers to supplier….