Why you need an NDA!

You might have realised our NDA is free on our website http://www.lenoma.co.za (direct link is here Basic NDA.)

But what’s the big deal about NDAs so how do you use it or for what is it for exactly and how it’ll benefit you?

There are many benefits and advantages for using an NDA:

1) The most obvious advantage of an NDA is protecting your information!

An NDA agreement allows you to agree on what information can and cannot be disclosed to others;

what each party’s obligations are in regards to the confidential information;

and how information is dealt with upon termination of the NDA.

2) An NDA agreement can allow parties to define what “confidential information” is, so that it is clear to both parties throughout their relationship what is considered confidential and what subsequently cannot be disclosed.

What type of information can be considered ‘confidential’ is endless, and it can include anything from patent ideas, test scores, employee information, passwords etc.

Setting out what is included as confidential information can save a lot of time in the event a dispute arises and a lawsuit is brought, as the judge can see whether the information disclosed is specifically listed or described in the NDA.

Drafters of the NDA can be as precise as they wish when defining what is confidential in their agreement by including an exhaustive list of specific items.

Others will want a broader, non-exhaustive list which may include language such as “all information disclosed in the course of fulfilling the purpose of the agreement”.

Drafters can also include exceptions to the prohibitions on disclosure such as information that is generally available to the public;

information obtained by a third party who is not bound by any confidentiality agreements;

where information is trivial;

information developed for the recipient independently;

information disclosed through no fault of the recipient party and information that was already known by the party before signing the NDA.

These exceptions are common in NDAs.

3) A well-drafted NDA will outline the consequences for those that breach the NDA, which will likely include a hefty monetary fine.

The party that breached the NDA can also be subject to a court order preventing them from continuing to disclose any confidential information that was protected by the NDA.

4) An NDA assures parties that information will remain confidential, and can include survival provisions requiring the party to not disclose the confidential information for a stated time period (eg. 2 years) after their relationship has ended.

Takeaways

– If you are considering a business deal, try to have the other party review and sign an NDA before entering into business discussions and possibly exchanging confidential information. The sooner the better!

– Pay close attention to the definition of confidential information before signing an NDA, so you are clear what information (of yours) is protected, and what information (of the other party) cannot be disclosed to others.

Hope this helps you in your business journey!

Team Lenoma Legal

http://www.lenoma.co.za

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5 contract clauses in any Legal Agreement you should look into.

Here are 5 basic contract sections that you should review carefully before signing the contract.

1. The parties to the contract.

This section of the contract is important because it tells you who they are entering into an agreement with.

– Is it another person or several people? Is it a business?

– Are you signing the contract on behalf of their business or in an individual capacity?

Are the names of all parties spelled correctly?

2. The “money” terms.

This section of the contract is important because it deals with the money.

Does it clearly lay out how much a good or service will cost?

When, how much, and how long will you have to pay the other party or will the other party have to pay?

3. Jurisdiction and Governing Law.

This section of the contract explains what law applies to the contract and the location where a dispute must be brought if there is a disagreement

Jurisdictions or countries may have different laws, so knowing which law applies to your contract is critical to understanding your rights.

4. Attorney’s Fees.

Some contracts have a section that states that a losing party in a dispute has to pay the winning party’s attorney’s fees and costs. This is an important section to you because you may be able to get their attorney’s fees reimbursed if a dispute arises out of the contract and you win.

5. Signature page.

This section of the contract is so obvious that it often gets overlooked.

Did all of the parties sign the contract?

These are just a few of the sections that your potential client should carefully review prior to signing a contract. However, every section of a contract is important.

If the contract is still confusing to you, at least they still have you to review it with us or any of our partner law firms.

Get a copy any business agreement here at Lenoma Legal eShop.

Get your legals, RIGHT!

The problem with most business owners is that they only choose to seek legal assistance when the are in trouble.

And that is the wrong approach, for a couple of reasons:

  1. Approaching a lawyer when only in trouble will most probably increase your costs, more than usual.
  2. Your case will not only be more complex, it might also take longer

Sign  up here for monthly subscription service were you will have access to legal services as and when you need it.

info@lenoma.co.za

http://www.lenoma.co.za

Advertising & Promoting your online Biz – the LEGALS

When advertising and promoting your online business, you should bear in mind that there are legal ramifications of your actions.

By being mindful of the following few common advertising and promoting mistakes, you can make sure that you stay on the right side of the law!

Making misleading and false claims

When marketing your online business and designing your website, you need to ensure that you do not make any claims about your product or service which may mislead clients or create false impressions.

 Below, you will find a list of some common types of false and misleading advertisements that you may unintentionally create.

·      Fine print: while many advertisements do include fine print, the words in the fine print must not contradict the overall message of the advertisement.

·      Comparative advertising: many advertisements compare their product or service to others on the market. This comparison must be accurate, otherwise the advertisement could be considered misleading.

·      Bait advertising: this occurs when you advertise something to be on sale when there is either no, or very little stock available. To avoid being misleading, the advertisement should state that there is a short supply of the good in question.

·      Environmental claims: if you advertise that your product or service is environmentally friendly, you must be able to substantiate this claim.

You can still use very exaggerated phrases, which are referred to as “puffery” These are the types of phrases that no one could treat seriously or find misleading. 

Using Social Media

Using social media is a fantastic way to advertise and promote your business directly to prospective clients. It is your responsibility to ensure that any content published on your social media page is accurate, irrespective of whether you were the author of it. The best way to minimize the risk of using social media to advertise and promote is to avoid making any statement online, that you would not make in any of your other advertisements (such as in print).

You should prohibit others from commenting on your page with misleading claims.

You have the power to remove and reply to comments on your social media pages and should do so if someone is posting misleading statements.

You should bear in mind that social media is a 24/7 operation and that it is your responsibility to monitor your pages.

Spamming

A good way of advertising and promoting a new online business is by sending ‘cold’ messages to potential clients.  You do need to be careful that these messages are not considered spam.

Spamming occurs when you send people spontaneous messages without their consent. . You should only email potential clients who have expressly or implicitly given consent to be contacted. If the client’s email address or contact details are publicly available online and there is no attached statement that commercial messages are not wanted, then this is a form of inferred consent. You should also bear in mind that the subject matter of the message you are sending needs to be relevant to their business

Need more assistance on HOW TO ENSURE THAT YOUR ADVERTISING IS LEGALLY COMPLIANT?

Drop us a mail  at info@lenoma.co.za or visit us on http://www.lenoma.co.za to see how we can help you.

When do you need a Model Release and Permission of photograph use

The Photograph

Professional photographers generally use a model release right at the outset of a photo shoot.

However it is important to realize that the Model release and photograph is not about granting permission to take the photos, but rather to publish them. You don’t generally need written permission to photograph anyone. You need permission to publish the photo for commercial purposes (e.g., you will get paid for your photo).

It is generally accepted to snap a photo of a person in a public place without a release form.

However, if you use that photo for specific commercial purposes, like promoting a product, it’s better to be safe and get the release form.

The Release

A Model Release is like a contract. It specifies all the ways the resulting images can or cannot be used.

If you are the photographer, you will want to use the broadest language possible about where and in which media formats the image can be used, so you will have great latitude in selling the photo.

The release should also cover other details about the use of the model’s name (or not), whether the model has any right to inspect the end product before publication, and whether the release has an expiration date.

Publication

Whether you work in a marketing department, in graphic design or are a commercial blogger (to name just a few possibilities), you need to be careful that any image you may be planning to use in your material has a properly executed release form. Generally, the photographer will have done this step for you, but ultimately it is your responsibility to make sure the release exists before you license any photographs.

Remember there is a R249 Model Release form and use of photograph available HERE RIGHT NOW, just for you.

contact us http://www.lenoma.co.za or at info@lenoma.co.za

Legal mistakes to AVOID 

Everyone makes mistakes because no one is perfect. Most mistakes can be corrected. But there are some mistakes that can be fatal, especially when it comes to the handling of legal matters. Here are five common fatal legal mistakes and how you can avoid them.


Not Responding To A Letter of demand 

If someone serves you with a letter of demand (a formal legal document that describes legal and factual allegations made by one party against another party), you are required by law to respond to it within a certain period of time. Failing to respond is fatal because someone can ultimately obtain a judgment against you, which leads into the next fatal legal mistake people make.

Allowing A Judgment To Be Entered Against You.

Allowing a judgment to be entered against you can occur for reasons stated in #1 above, by losing a case, or by failing to take the appropriate actions in a case. Once a judgment is entered against you, your valuable possessions such as your home, your business, money in your bank accounts, and even your hard-earned wages are at risk of being taking from you.

Not Having An Attorney When The Other Party Does.

Most do-it-yourselfers believe they can win a case against the other party or handle a legal matter without having an attorney, even when the other party has an attorney. Whether its arrogance or ignorance, most do-it-yourselfers end up learning the hard way that the legal system is complex and merciless.

Signing A Contract Without Understanding It.

Signing a binding legal document such as an apartment lease or an employee contract without understanding the terms in the documents can be fatal. Unfortunately, the consequences of signing a contract are often unknown until an event occurs, such as when a landlord fails to make maintenance repairs to your apartment or your supervisor threatens to fire you. But by that time it is often too late.

Not Having A Written Contract At All.

Perhaps worse than signing a contract without understanding it is not having a written contract at all. The truth of the matter is that people say one thing and do another. Additionally, if a dispute arises out of a verbal agreement, it is hard for a judge to determine what the parties actually agreed to and who is right and wrong. At the very least, a written contract can help the parties clearly understand what their rights and duties are. For these reasons, it is better to avoid the verbal agreements as much as possible and enter into a written contract.

You can easily avoid these fatal legal mistakes by getting the right legal help. By speaking with and hiring the right attorney, you put yourself in a better position to have your legal matters handled properly and mistakes eliminated.

Need to be linked with an attorney in your area?

Drop us an email on info@lenoma.co.za or call us on +27 74 560 8063.

Team Lenoma Legal 

http://www.lenoma.co.za

3 Things that MUST be in your social media policy.

Your Social Media Policy

What is a social media policy?

A social media policy doesn’t need you to be tech savvy – it is a company code of conduct that concerns employee behaviour (i.e. what they post) on social media networks, blogs, messaging apps, forums, email, etc.

Who needs a social media policy?

You might think that if you don’t have a blog, Facebook page or Twitter account you are safe. You are wrong! You are never safe because your employees and customers have social media accounts, blogs and they chat on forums. What they say about your company affects you commercially and legally even if you decide to be just an observer.

That’s why every business needs a social media policy even if you choose to stay traditional brick-and-mortar.

How do you create a social media policy?

The thing with social media is you can’t predict everything that can happen. You can’t just say “If this, then do that” because the environment we operate in changes so fast — the policy from yesterday doesn’t make sense today. That’s why instead of trying to create rules, focus on creating a culture of the way we do things around here.

What do you do with social media policy?

Make everyone sign it! The best way to handle this is to have it attached to employment (and termination) contracts. If you want to make sure all your current employees understand and adhere to it, schedule a 2-hour training session in which you explain the policy, why it is important and when it is to be applied.

Social media policies are very flexible and should reflect the nature of your business.

In our legal experience however, there are a few things that every social media policy should tackle. For the safety of your company, your customers and your employee…

…and here they are:

The 3 things that should be in every social media policy:

  1. Prohibit the sharing of confidential, sensitive, copyrighted, trademark information on personal accounts, as well as, defamation of colleagues or customers.
  2. Explain when and how employees need to identify themselves as such (when talking about products or services) and how they can use the company name or brand.
  3. Set boundaries with customers – when are employees to enter an argument or make a comment, in what way they should respond to customers and how much of the customer experience are they allowed to post online.​

There is much more that can be included. The more complex the organisation, the more complex the policies will get.

One important tip is to consult a professional  first as to what are the regulations of employee – customer communications so that you make sure your policies are not breaking any laws (by posting personal information about a purchase like an address or telephone number of a customer, for example).

Not sure if social media is for you?

Consult with us so we can help your company in this digital age.

Contact us below

http://www.lenoma.co.za

info@lenoma.co.za