Running your business

Running your business

 

When you are running your business, you want to be focused on the things that make you money, and not worrying about non-core functions such as legal. That being said having an understanding is key. 

This section covers a number of different legal matters that might come up while you are running your business.

 

Hiring & Managing Employees

Commercial lease


What is it? A commercial lease is an agreement between a landlord and a business for the rental of a property for business purposes for a set period in return for the business paying rent to the landlord. It sets out the rights and obligations of the landlord and the business in relation to the property. The law relating to business leases differs from the law relating to residential leases. You will need a business lease if you have a business and wish to carry on your business from the commercial property. A properly written commercial lease is vital to carry on your business.




Home office rental agreement


What is it? A home office rental agreement is an agreement between an owner or lessee of property to share their home office space with another person. These agreements are usually used by start-ups and home-based businesses and will be in the form of a licence agreement. The licensor will be the owner or tenant of the property and the licensee will be the sharer who may be an individual or a company. If more than one individual sharer it is essential that they be all named on the agreement so that they remain jointly and severally liable under the rental agreement. The licence fee should be inclusive of the service costs eg internet, utilities, etc. Why is it important? If your business is a lessee, you must check your lease and check with your landlord to ensure that the grant of a licence to the sharers will not be a breach of your obligations as a tenant.




Office sharing agreement


What is it? Office space can be expensive in city centres and town centres. An office sharing agreement is an agreement between an owner of office space and another business which wants to share its office space. It is used where the owner of the property or lessee wants to share their office space with a business or individual or where two businesses or sole traders want to share the same office space. This agreement will be in the form of a licence agreement. If the office space is one room the licence will not grant each business or individual a defined and fixed space within the room but will grant the businesses and individuals the office space. The licence fee should be inclusive of the service costs eg internet, utilities, etc. Why is it important? If your business does not own the property you must check your lease and check with your landlord to ensure that your grant of a licence to the sharers will not be a breach of your obligations under your business tenancy.




Rent deposit deed


What is it? A rent deposit is a sum of money paid by a commercial tenant as security to their landlord prior to or at the grant of a commercial lease in respect of a commercial property rental. A rent deposit deed is the document which sets out how the landlord will safeguard a commercial tenant’s deposit. It works in a similar manner to rent deposits for residential lettings however in this case the deposit is usually held by the commercial landlord and not by a government- backed tenancy deposit scheme as in the case of residential rent deposits. Why is it important? A rent deposit deed protects the landlord and the tenant. Under the rent deposit deed, the deposit remains the property of the tenant however if the tenant does not pay the rent or breaches any fundamental term of the lease the landlord can take money out of the deposit in recompense. Rent deposit deeds are standard in commercial leases and provide peace of mind to a commercial landlord especially if the prospective tenant eg a start-up business or a sole trader cannot prove his/her trading credentials and creditworthiness. It gives a guarantee of easy access to funds should the tenant default. It is also beneficial for the tenant as it is akin to “savings” which will be returned to the tenant in future with any accrued interest if there is no breach of covenant and it is also a fund which the landlord may use to set off any breach of covenant by the tenant without the tenant having to incur further expense.




Lease Agreement


What is it? A lease is an agreement between a landlord and a business for the rental of a property for a set period in return for the tenant paying rent to the landlord. It sets out the rights and obligations of the landlord and the tenant in relation to the property. A lease can be for business or residential use. Why is it important? A commercial or business lease is an agreement between a landlord and a business for the rental of a property for business purposes. A residential lease is an agreement between a landlord and an individual for the rental of a property for residential use. The law relating to business leases differs from the law relating to residential leases. You will need a business lease if you have a business and wish to carry on your business from the commercial property. You will need a residential lease if you wish to rent property from a landlord for residential purposes.




Building works/Construction Agreement


What is it? Before you get building work done, check if you need permission or approval. Get quotes, check there is insurance in place and get a written contract. A building works/construction contract is a written agreement between the parties involved in the building or alteration of any structure. It sets out the rights and obligations of the parties and other parties involved eg sub-contractors, the administration procedures and the contract administrator if there is one. Why is it important? If you are a builder or a contractor doing work for a client or you are the client, you must ensure that the work arrangement is clear and that your contract sets out your work rights and obligations as well as the obligations of your client or the builder/contractor. A contract can be created for a specific project or you may wish to use a standard contract with amendments to fit the project. An example of a standard works contract is the JCT minor works building contract, which is designed for small, basic construction projects where the work is of a simple nature. Risks When checking the contract ensure that the contract describes the purpose of the contract; the work that will be done; the financial information eg the contract prices, deposit, schedule of progress payments, snagging, final payment and interest; payment due date and fees; project description; the handling of variations to the work order; dispute resolution; insurances and a signature line. Always ensure that your client signs the contract before you begin the work. Our construction solicitors can provide you with guidance on the different types of construction contracts and on which type of agreement is best for you. We can also help you negotiate a contract to protect your rights, assist you in reviewing contracts before you sign and provide you with representation in case of a breach of contract. Give us a call today at 01234 938089 or contact us online to learn more about the legal assistance we can provide.




Co-working Agreement


We help you prepare co-working agreements if you are setting up a business hub.





HR Policies

Health and safety policy


What is it? A health and safety policy states the employer’s commitment to protect employees’ health and safety and to cooperate with other parties such as employees, supervisors, the health and safety representative to ensure a safe work environment.If you have five or more employees, you are legally required to have a written health and safety policy. Why is it important? If you do not have a written policy the Health and Safety Executive (HSE) can take action against you and prosecute you. Even if you do not have five employees it is best practice to have a written health and safety policy to make your health and safety arrangements clear. Consideration of the health, safety and welfare of staff is an integral part of the management process. The purpose of a Health and Safety policy is to establish general standards for health and safety at work and to distribute responsibility for their achievement to all managers, supervisors and other employees through the normal line management processes. Risks Managers must approach health and safety in a systematic way, by identifying hazards and problems, planning improvements, taking executive action and monitoring results. There should be an annual audit and regular risk assessments.





Protecting your IP

Trademark (UK, EU, US, China)


What is it? One of the best ways of protecting your business name, brand and logo from being copied is to register a trademark. A trademark is a distinctive sign eg name, brand, logo or tagline (or a combination of these) used by a business to distinguish its goods and or services from those sold by another business and to identify its business as the source of those goods and services. In the UK, trademarks are granted by the UK Intellectual Property Office (UK IPO) Registering a trademark increases the protection it receives and stops others from using it. You may be able to register a trademark over:

  • words (eg the trademark “Nandos”)
  • pictures and words (eg the Pure Business Law trademark).
  • slogans (eg the Lidl strap line “Big on quality, Lidl on price”)
  • colours (eg the Cadbury Dairy Milk purple as owned by Kraft ).
  • sounds (eg the Match of the Day theme song played when their logo appears at the beginning of football matches) and
  • Logos (eg the Mac OS logo);
  • 3D shapes (eg the Pepsi cola bottle shape)
Why is it important? Registering a name or a logo gives you the following three benefits: Allows you to object if someone else applies to register ay name or logo that is similar to your trademark for the same of similar goods or services. This protection does not cover an application to use the same name or branding for a different type of business. For instance if you register “Fast-Sports” for a trade mark for selling sports cars, no one could register “Fast-Spots” for anything to do with selling cars but they may be able to register it as a trade mark for a dry-cleaning business because that has nothing to do with cars. If another business tries to use the same or similar branding on similar goods or services thereby infringing your trademark you can take legal proceedings to stop them. Your business’s goodwill and reputation have commercial value so registering a trademark is an easy way to protect your hard work and creativity. Registering a trademark gives you the exclusive right to use it for 10 years, after which you must make an application to renew it to the Intellectual Property Office (IPO). Their website is at www.ipo.gov.uk. You can register your trademarks in the UK, the EU and or internationally. All registrations last for 10years and are renewable indefinitely in further 10-year periods. The most suitable registration for your brand will depend on where you do business eg UK, EU or internationally. Risks If you do not register your name, brand or logo as a trademark you will not be able to easily stop other people using your trademark and you may end up allowing other businesses to profit from your hard work.




Patent (Worldwide)


What is it? Protect your invention through a patent. A patent gives you an exclusive right over a novel invention that you have created. It gives you the exclusive right to use and reproduce your invention and stop people copying your invention without your permission. For instance, only Apple can make and sell Apple phones. In the UK, patents are granted by the UK Intellectual Property Office (UK IPO) To have a patent over something you have created, you must register it at the IPO. Patents generally last for up to twenty years. You can only patent a novel invention and cannot patent something that is already in the public domain. This means that your invention must be new (i.e. you cannot patent something which already exists eg a literary work, method of medical treatment, a diagnosis, scientific theory or a discovery) . You also cannot patent something which is already the subject of a patent application pre-dating your application. This means that you must carry out extensive market research examining trade journals and academic papers relevant to your industry market and searching for patents and patent applications on the patent registers worldwide. Obtaining a patent is expensive and time consuming. You should enlist the help of a professional eg lawyer or patent agent before starting an application for a patent. Why is it important?
Should I register my invention as a patent? Yes, you should if you believe that you have created a novel product or process which is so important to your business that you wish to pay a patent application fee to prevent others from using it. Risks Registering your invention as a patent ensures that:

  1. You can prevent others using your product or process if they intend to use it for commercial purposes.
  2. You can profit from your patent by only permitting certain people to use it for commercial purposes and only on condition that they pay you or give you a percentage of the profits they make from using your patent.
Risks If you do not register your invention as a patent, you will not be able to easily stop other people copying your ideas and you may end up allowing other businesses to profit from your hard work. You can use free online databases to search for patents eg Ipsum the UK IPO’s search facility, the Patents Journal (for UK applications that have been filed but not yet published), Espacenet – the European Patents Office’s (EPO’s) free database for worldwide patents including UK patents and Patentscope – the World Intellectual Property Organisation’s (WIPO’s ) free database for worldwide patents including UK patents. Note that these databases may not be up to date. As an alternative you may prefer to use professional search services such as:
  1. The PATLIB (patent library) centre
  2. A Patent attorney through the Chartered Institute of Patent Attorneys at www.cipa.org.uk




IP Assignment Agreement


What is it? An IP assignment agreement transfers rights and ownership in an IP created by one person to someone else or to a business. It can be used to transfer rights in a trademark, patent, logo, designs or any other IP. Why is it important? An IP assignment agreement is important when a business is sold, and the founder created intellectual property before becoming a part of the company or a company employs a someone whether consultant or employee to do some work.




Registering Designs


What is it? Register your design to stop someone else from using it. A design right is a right that you have which can protect your original design from being copied by someone else.There are two different types of design rights – registered and unregistered design rights which can protect the look or appearance of a product from being copied. Why is it important? Design rights can exist in computer icons, logos, graphic designs, packaging and clothing. The rights do not arise by reference to the particular product but rather in the shape or look of either the whole of the product or part of that product. For instance, a registered design right in a motif used on a book will be infringed if someone else uses the same design motif on a duvet cover. In the UK, design registrations are granted by the UK Intellectual Property Office (UK IPO). Risks Even if you do not register your design, it will still be automatically protected as an unregistered design right. However this right is more limited right because it only protects you against unauthorised copying and does not prevent other people creating similar designs independently. For businesses in the UK these unregistered design rights arise automatically in the UK and the EU for some designs under both UK and EU law if the relevant criteria are met. In the UK, unregistered design rights arise as soon as the relevant designs are recorded in some way eg in a drawing and in the UK as soon as they are made available to the public. However, the protection granted differs slightly in each jurisdiction. For instance in the UK unregistered design rights will automatically protect either the shape or configuration of the whole or part of an article for up to 15 years, whereas in the EU unregistered design rights will automatically protect not only the appearance of the whole or part of any industrial or handicraft product resulting from its features but also its lines, shape, texture, contours and materials but only for up to 3 years. You should therefor keep a watching brief and consider whether such a right has arisen as soon as you believe that either you or your employees (in the course of their employment) have created an original design. Brexit The UK and the EU have agreed that there will be an implementation period (ie transition period) from the date the UK left the EU i.e. 31 January 2020 until 31 December 2020 or a later date if the transition period is extended. During this period there will be no changes to unregistered design rights. UK unregistered design rights UK unregistered design rights will continue after the transition period and provide up to 15 years of protection. However, after the transition period the UK Government has advised that only UK residents or businesses incorporated in the UK will be eligible for UK registered designs. EU unregistered design rights From the end of the transition period unregistered design rights in the EU (ie unregistered Community designs) will no longer be valid in the IK. The government has advised that it will immediately replace the unregistered Community design rights with UK unregistered design rights ( to be known as UK continuing unregistered design rights) and which will offer protection in the EU and UK for the rest of the three year terms previously attached to the unregistered Community design right. This means you will continue to be protected in the EU and UK for unregistered Community designs that existed before the end of the transition period. If you are concerned about how to protect your unregistered design rights in the UK and EU after the transition period please contact our IP lawyers for further advice on 01234 938089.




Non-Disclosure Agreement (NDA)/Letter of confidentiality


What is it? This agreement protects confidential information belonging to your business including IP and other information which you do not want to be made public. Why is it important? It is important to have an NDA in place before sharing any confidential or sensitive information in business meetings with people with whom you intend to do business eg investors, prospective co-founders, suppliers, consultants and the like. A letter of confidentiality is similar to a non-disclosure agreement. The party disclosing confidential information imposes restrictions as to the use of this confidential information to the party receiving it. Risks If you do not have the required safeguards in place to protect your intellectual property during business meetings or negotiations you may have your designs, inventions or work stolen or copied by the person with whom you are negotiating. This could be disastrous for your business.




one-way confidentiality agreement


What is it? A one-way Confidentiality agreement is similar to a non-disclosure agreement but imposes restrictions as to the use of this confidential information only on one party.




Assignment of intellectual property


What is it? An IP assignment agreement transfers rights and ownership in an IP created by one-person eg trademark, patent, logo, designs or any other IP to someone else or to a business. Why is it important? An IP assignment agreement is important when a business is sold, and the founder created intellectual property before becoming a part of the company or a company employs a someone whether consultant or employee to do some work. If you assign IP rights to another business, you are transferring ownership of the IP. It is more common to licence intellectual property rights than to assign them in business. Licensing allows a third party to have rights over the IP and do certain acts with the IP that they would not otherwise have been able to do but you keep ownership of the IP. You can limit the licence to a certain area eg the UK, Middle East, Africa etc or to a certain period of time eg 1 year, 2 years etc. Risks If for example you assign your IP to a business and it fails, you would have lost your IP. If on the other hand you licence your IP to another business, you are in ultimate control and can stipulate how the IP should be used and when it has to be returned. You can also stipulate that the IP be returned to you if the business goes into liquidation or on the happening of certain events.




Copyright


What is it? Copyright is the exclusive right to use and reproduce in public any material you have created if it falls into one of the following categories: i) Written work such as books, plays film scripts, web content, articles, essays, professional opinions, tables, compilations and databases; ii)Artistic works such as paintings, drawings, photos, maps, charts, plan, diagrams etc; iii)sound recordings; iv)Films, music and broadcasts; or v) computer programs. Why is it important? Copyright arises automatically when you create the work so there is no need to register copyright to own a work that you have created. You should be wary of any person that asks you to pay them to register your copyright in a work that you have created as it will be a scam. Businesses as well as individuals can own copyright. Copyright usually lasts for 70 years. You can buy someone’s copyright via a document called a Deed of assignment or give them a licence to use your copyright. As a general rule if an employee creates a work in the course of their employment their employer (ie the business ) will own the work. However, if the work in question is not part of the agreed duties of the employee the employee will own the work. To ensure that copyright work created by employees is owned by the business you should include appropriate intellectual property clauses in your employment contracts. Risks If you commission a piece of work from a freelancer the copyright in the work will belong to the freelancer unless the parties have agreed otherwise. It is important to ensure that the position on ownership of the copyright in writing before work starts to ensure that the business owns the copyright in the work produced by the freelancer.





Business Relationships

Commercial lease


What is it? A commercial lease is an agreement between a landlord and a business for the rental of a property for business purposes for a set period in return for the business paying rent to the landlord. It sets out the rights and obligations of the landlord and the business in relation to the property. The law relating to business leases differs from the law relating to residential leases. You will need a business lease if you have a business and wish to carry on your business from the commercial property. A properly written commercial lease is vital to carry on your business.




Home office rental agreement


What is it? A home office rental agreement is an agreement between an owner or lessee of property to share their home office space with another person. These agreements are usually used by start-ups and home-based businesses and will be in the form of a licence agreement. The licensor will be the owner or tenant of the property and the licensee will be the sharer who may be an individual or a company. If more than one individual sharer it is essential that they be all named on the agreement so that they remain jointly and severally liable under the rental agreement. The licence fee should be inclusive of the service costs eg internet, utilities, etc. Why is it important? If your business is a lessee, you must check your lease and check with your landlord to ensure that the grant of a licence to the sharers will not be a breach of your obligations as a tenant.




Office sharing agreement


What is it? Office space can be expensive in city centres and town centres. An office sharing agreement is an agreement between an owner of office space and another business which wants to share its office space. It is used where the owner of the property or lessee wants to share their office space with a business or individual or where two businesses or sole traders want to share the same office space. This agreement will be in the form of a licence agreement. If the office space is one room the licence will not grant each business or individual a defined and fixed space within the room but will grant the businesses and individuals the office space. The licence fee should be inclusive of the service costs eg internet, utilities, etc. Why is it important? If your business does not own the property you must check your lease and check with your landlord to ensure that your grant of a licence to the sharers will not be a breach of your obligations under your business tenancy.




Rent deposit deed


What is it? A rent deposit is a sum of money paid by a commercial tenant as security to their landlord prior to or at the grant of a commercial lease in respect of a commercial property rental. A rent deposit deed is the document which sets out how the landlord will safeguard a commercial tenant’s deposit. It works in a similar manner to rent deposits for residential lettings however in this case the deposit is usually held by the commercial landlord and not by a government- backed tenancy deposit scheme as in the case of residential rent deposits. Why is it important? A rent deposit deed protects the landlord and the tenant. Under the rent deposit deed, the deposit remains the property of the tenant however if the tenant does not pay the rent or breaches any fundamental term of the lease the landlord can take money out of the deposit in recompense. Rent deposit deeds are standard in commercial leases and provide peace of mind to a commercial landlord especially if the prospective tenant eg a start-up business or a sole trader cannot prove his/her trading credentials and creditworthiness. It gives a guarantee of easy access to funds should the tenant default. It is also beneficial for the tenant as it is akin to “savings” which will be returned to the tenant in future with any accrued interest if there is no breach of covenant and it is also a fund which the landlord may use to set off any breach of covenant by the tenant without the tenant having to incur further expense.




Lease Agreement


What is it? A lease is an agreement between a landlord and a business for the rental of a property for a set period in return for the tenant paying rent to the landlord. It sets out the rights and obligations of the landlord and the tenant in relation to the property. A lease can be for business or residential use. Why is it important? A commercial or business lease is an agreement between a landlord and a business for the rental of a property for business purposes. A residential lease is an agreement between a landlord and an individual for the rental of a property for residential use. The law relating to business leases differs from the law relating to residential leases. You will need a business lease if you have a business and wish to carry on your business from the commercial property. You will need a residential lease if you wish to rent property from a landlord for residential purposes.




Building works/Construction Agreement


What is it? Before you get building work done, check if you need permission or approval. Get quotes, check there is insurance in place and get a written contract. A building works/construction contract is a written agreement between the parties involved in the building or alteration of any structure. It sets out the rights and obligations of the parties and other parties involved eg sub-contractors, the administration procedures and the contract administrator if there is one. Why is it important? If you are a builder or a contractor doing work for a client or you are the client, you must ensure that the work arrangement is clear and that your contract sets out your work rights and obligations as well as the obligations of your client or the builder/contractor. A contract can be created for a specific project or you may wish to use a standard contract with amendments to fit the project. An example of a standard works contract is the JCT minor works building contract, which is designed for small, basic construction projects where the work is of a simple nature. Risks When checking the contract ensure that the contract describes the purpose of the contract; the work that will be done; the financial information eg the contract prices, deposit, schedule of progress payments, snagging, final payment and interest; payment due date and fees; project description; the handling of variations to the work order; dispute resolution; insurances and a signature line. Always ensure that your client signs the contract before you begin the work. Our construction solicitors can provide you with guidance on the different types of construction contracts and on which type of agreement is best for you. We can also help you negotiate a contract to protect your rights, assist you in reviewing contracts before you sign and provide you with representation in case of a breach of contract. Give us a call today at 01234 938089 or contact us online to learn more about the legal assistance we can provide.




Co-working Agreement


We help you prepare co-working agreements if you are setting up a business hub.





Running an online business

Cookie Policy


What is it? A cookie is a small text file that that is stored on a website user’s computer to collect information. Why is it important? If you have cookies on your website you should have a cookie policy that informs users to your website what the cookies do, why you are collecting the information and how they can turn off cookies within their computer browser. Risks You must also get their consent and the consent must be clearly given.




Terms of Business


What is it? Your Terms of Business set out the terms and conditions on which you conduct your business and is the contract between you and your customer. Why is it important? Written terms and conditions of business are important especially when there is a dispute between your business and a customer or supplier. Written terms of business will clarify the scope of your services or the goods you agreed to sell or supply and certainty as to the agreed price, payment method, guarantees, warranties, remedies of the buyer if there is a dispute. Risks When selling goods and services online you must comply with certain legal requirements including the distance selling regulations.




Commission Linking Agreement


What is it? If you are linking your website to another website in order to share commission with the other website owner or to benefit from extra sales you need a Website Commission Linking Agreement.




Consent Notices


What is it? The law provides that if your website is based in the EU or if you are targeting customers in the EU and your site uses one or more cookies you need to display a cookie consent notice. To comply with the law your need to do three things:

  1. Let users to your website know that you are using cookies.
  2. Provide a link where they can learn more about how you use the data you gather.
  3. Provide a way for your website users to consent to the use of cookies.
Consent can be explicit opt-in consent and implied consent. For explicit consent, users have to click a button, select a checkbox or complete some other specific activity to opt in to the use of cookies. The most common way to do this is to display a banner at the top or bottom of your website with a link to your Privacy policy and a button to consent to the use of cookies and hide the banner. For implied consent a clear notice must be provided, and the user must be made aware that a specific action will be understood to be implied consent to the use of cookies. One way that implied consent is obtained is by displaying a prominent cookie notice that ends with a statement like “By continuing to use this site you agree to the use of cookies”. The law applies whether a user is on a smartphone, tablet, a laptop, computer or other device. So when you set up your cookie notice you must ensure that the notice appears and functions well on all devices. There are also plugins for Cookie consent notices.




GDPR Compliance


What is it? The Data Protection Act 2018 and the General Data Protection Regulation (GDPR) regulates the processing of personal data by companies in the UK, specifying, for example, that data must be kept accurate and secure. A data protection policy is a statement of how you handle personal information given to you by your customers. The Privacy and Electronic Communications Regulations set out a variety of rules which apply to the use of email marketing campaigns and regulates the use of cookies. Pure Business Law can assist you with all your data compliance matters.




Terms and conditions for sale of goods to consumers via a website


What is it? Your Terms of Business or Terms and Conditions sets out the rights and obligations of the buyer and the seller in any sale of goods. Standard terms and conditions for the sale of goods help to make each party to the contract (whether a business or consumer) aware of their rights and obligations from the start. Why is it important? If you are dealing with a consumer there is a considerable amount of legislation eg the Consumer Rights Act 2015 aimed at protecting consumers which must be taken into account when preparing your terms and conditions. Make sure you do things right when creating your terms and conditions.




Terms and conditions for supply of services to consumers via a website


What is it? Your Terms of Business or Terms and Conditions sets out the rights and obligations of the buyer and the seller in any supply of services. Standard terms and conditions for the supply of services help to make each party to the contract (whether a business or consumer) aware of their rights and obligations from the start. Why is it important? If you are dealing with a consumer there is a considerable amount of legislation eg the Consumer Rights Act 2015 aimed at protecting consumers which must be taken into account when preparing your terms and conditions. Make sure you do things right when creating your terms and conditions.




Email footer and disclaimer


What is it? An email footer sets out information required by law about limited companies and limited liability partnerships. The Companies Act 1985 requires all business emails from a private or public limited company to include the company’s registered name, registered number, place of registration and its registered office address. Why is it important? An email disclaimer is a notice or warning added to an email designed to protect the email sender from breaches of confidentiality, contractual claims. Virus propagation and employee liability. An email disclaimer is optional.




Website terms and conditions


What is it? If you have a website it is a good idea to create website terms and conditions as it helps to ensure that customers and users know how a website can and cannot be used. They set out the legal rights and obligations between you and users of your website. They cover the acceptable uses of the website, prohibited use of the website, registration, password and security, linked websites, disclaimers and limitation of liability.




Privacy policy


What is it? A website privacy policy is a statement of how you handle personal information given to you by your customers. When you trade on the internet you will most likely be handling personal information because you keep records of your customers or website users. Why is it important? A website privacy policy helps build trust in your website and informs your visitors how their personal data is protected. In the UK the main legislation governing the collection, processing and distribution of personal data is the Data Protection Act 2018 and the General Data Protection Regulation (GDPR).




Website Terms of Use or Online Terms of Use


What is it? Your Website terms of use set out the legal rights and obligations between you and users of your website. Even if you do not sell goods on your website, you should have a written set of terms and conditions to cover all permitted and prohibited uses of your website, including any registration requirements, linked websites, disclaimers, limitation of liability and associated subscription fees.





Managing licenses


Running an online business


Protecting your IP


Business Relationships


Writing a business plan


Buying & Selling Goods & Services

Health and safety policy


What is it? A health and safety policy states the employer’s commitment to protect employees’ health and safety and to cooperate with other parties such as employees, supervisors, the health and safety representative to ensure a safe work environment.If you have five or more employees, you are legally required to have a written health and safety policy. Why is it important? If you do not have a written policy the Health and Safety Executive (HSE) can take action against you and prosecute you. Even if you do not have five employees it is best practice to have a written health and safety policy to make your health and safety arrangements clear. Consideration of the health, safety and welfare of staff is an integral part of the management process. The purpose of a Health and Safety policy is to establish general standards for health and safety at work and to distribute responsibility for their achievement to all managers, supervisors and other employees through the normal line management processes. Risks Managers must approach health and safety in a systematic way, by identifying hazards and problems, planning improvements, taking executive action and monitoring results. There should be an annual audit and regular risk assessments.





Managing a company

Health and safety policy


What is it? A health and safety policy states the employer’s commitment to protect employees’ health and safety and to cooperate with other parties such as employees, supervisors, the health and safety representative to ensure a safe work environment.If you have five or more employees, you are legally required to have a written health and safety policy. Why is it important? If you do not have a written policy the Health and Safety Executive (HSE) can take action against you and prosecute you. Even if you do not have five employees it is best practice to have a written health and safety policy to make your health and safety arrangements clear. Consideration of the health, safety and welfare of staff is an integral part of the management process. The purpose of a Health and Safety policy is to establish general standards for health and safety at work and to distribute responsibility for their achievement to all managers, supervisors and other employees through the normal line management processes. Risks Managers must approach health and safety in a systematic way, by identifying hazards and problems, planning improvements, taking executive action and monitoring results. There should be an annual audit and regular risk assessments.





Settlement agreements & Ref

Trademark (UK, EU, US, China)


What is it? One of the best ways of protecting your business name, brand and logo from being copied is to register a trademark. A trademark is a distinctive sign eg name, brand, logo or tagline (or a combination of these) used by a business to distinguish its goods and or services from those sold by another business and to identify its business as the source of those goods and services. In the UK, trademarks are granted by the UK Intellectual Property Office (UK IPO) Registering a trademark increases the protection it receives and stops others from using it. You may be able to register a trademark over:

  • words (eg the trademark “Nandos”)
  • pictures and words (eg the Pure Business Law trademark).
  • slogans (eg the Lidl strap line “Big on quality, Lidl on price”)
  • colours (eg the Cadbury Dairy Milk purple as owned by Kraft ).
  • sounds (eg the Match of the Day theme song played when their logo appears at the beginning of football matches) and
  • Logos (eg the Mac OS logo);
  • 3D shapes (eg the Pepsi cola bottle shape)
Why is it important? Registering a name or a logo gives you the following three benefits: Allows you to object if someone else applies to register ay name or logo that is similar to your trademark for the same of similar goods or services. This protection does not cover an application to use the same name or branding for a different type of business. For instance if you register “Fast-Sports” for a trade mark for selling sports cars, no one could register “Fast-Spots” for anything to do with selling cars but they may be able to register it as a trade mark for a dry-cleaning business because that has nothing to do with cars. If another business tries to use the same or similar branding on similar goods or services thereby infringing your trademark you can take legal proceedings to stop them. Your business’s goodwill and reputation have commercial value so registering a trademark is an easy way to protect your hard work and creativity. Registering a trademark gives you the exclusive right to use it for 10 years, after which you must make an application to renew it to the Intellectual Property Office (IPO). Their website is at www.ipo.gov.uk. You can register your trademarks in the UK, the EU and or internationally. All registrations last for 10years and are renewable indefinitely in further 10-year periods. The most suitable registration for your brand will depend on where you do business eg UK, EU or internationally. Risks If you do not register your name, brand or logo as a trademark you will not be able to easily stop other people using your trademark and you may end up allowing other businesses to profit from your hard work.




Patent (Worldwide)


What is it? Protect your invention through a patent. A patent gives you an exclusive right over a novel invention that you have created. It gives you the exclusive right to use and reproduce your invention and stop people copying your invention without your permission. For instance, only Apple can make and sell Apple phones. In the UK, patents are granted by the UK Intellectual Property Office (UK IPO) To have a patent over something you have created, you must register it at the IPO. Patents generally last for up to twenty years. You can only patent a novel invention and cannot patent something that is already in the public domain. This means that your invention must be new (i.e. you cannot patent something which already exists eg a literary work, method of medical treatment, a diagnosis, scientific theory or a discovery) . You also cannot patent something which is already the subject of a patent application pre-dating your application. This means that you must carry out extensive market research examining trade journals and academic papers relevant to your industry market and searching for patents and patent applications on the patent registers worldwide. Obtaining a patent is expensive and time consuming. You should enlist the help of a professional eg lawyer or patent agent before starting an application for a patent. Why is it important?
Should I register my invention as a patent? Yes, you should if you believe that you have created a novel product or process which is so important to your business that you wish to pay a patent application fee to prevent others from using it. Risks Registering your invention as a patent ensures that:

  1. You can prevent others using your product or process if they intend to use it for commercial purposes.
  2. You can profit from your patent by only permitting certain people to use it for commercial purposes and only on condition that they pay you or give you a percentage of the profits they make from using your patent.
Risks If you do not register your invention as a patent, you will not be able to easily stop other people copying your ideas and you may end up allowing other businesses to profit from your hard work. You can use free online databases to search for patents eg Ipsum the UK IPO’s search facility, the Patents Journal (for UK applications that have been filed but not yet published), Espacenet – the European Patents Office’s (EPO’s) free database for worldwide patents including UK patents and Patentscope – the World Intellectual Property Organisation’s (WIPO’s ) free database for worldwide patents including UK patents. Note that these databases may not be up to date. As an alternative you may prefer to use professional search services such as:
  1. The PATLIB (patent library) centre
  2. A Patent attorney through the Chartered Institute of Patent Attorneys at www.cipa.org.uk




IP Assignment Agreement


What is it? An IP assignment agreement transfers rights and ownership in an IP created by one person to someone else or to a business. It can be used to transfer rights in a trademark, patent, logo, designs or any other IP. Why is it important? An IP assignment agreement is important when a business is sold, and the founder created intellectual property before becoming a part of the company or a company employs a someone whether consultant or employee to do some work.




Registering Designs


What is it? Register your design to stop someone else from using it. A design right is a right that you have which can protect your original design from being copied by someone else.There are two different types of design rights – registered and unregistered design rights which can protect the look or appearance of a product from being copied. Why is it important? Design rights can exist in computer icons, logos, graphic designs, packaging and clothing. The rights do not arise by reference to the particular product but rather in the shape or look of either the whole of the product or part of that product. For instance, a registered design right in a motif used on a book will be infringed if someone else uses the same design motif on a duvet cover. In the UK, design registrations are granted by the UK Intellectual Property Office (UK IPO). Risks Even if you do not register your design, it will still be automatically protected as an unregistered design right. However this right is more limited right because it only protects you against unauthorised copying and does not prevent other people creating similar designs independently. For businesses in the UK these unregistered design rights arise automatically in the UK and the EU for some designs under both UK and EU law if the relevant criteria are met. In the UK, unregistered design rights arise as soon as the relevant designs are recorded in some way eg in a drawing and in the UK as soon as they are made available to the public. However, the protection granted differs slightly in each jurisdiction. For instance in the UK unregistered design rights will automatically protect either the shape or configuration of the whole or part of an article for up to 15 years, whereas in the EU unregistered design rights will automatically protect not only the appearance of the whole or part of any industrial or handicraft product resulting from its features but also its lines, shape, texture, contours and materials but only for up to 3 years. You should therefor keep a watching brief and consider whether such a right has arisen as soon as you believe that either you or your employees (in the course of their employment) have created an original design. Brexit The UK and the EU have agreed that there will be an implementation period (ie transition period) from the date the UK left the EU i.e. 31 January 2020 until 31 December 2020 or a later date if the transition period is extended. During this period there will be no changes to unregistered design rights. UK unregistered design rights UK unregistered design rights will continue after the transition period and provide up to 15 years of protection. However, after the transition period the UK Government has advised that only UK residents or businesses incorporated in the UK will be eligible for UK registered designs. EU unregistered design rights From the end of the transition period unregistered design rights in the EU (ie unregistered Community designs) will no longer be valid in the IK. The government has advised that it will immediately replace the unregistered Community design rights with UK unregistered design rights ( to be known as UK continuing unregistered design rights) and which will offer protection in the EU and UK for the rest of the three year terms previously attached to the unregistered Community design right. This means you will continue to be protected in the EU and UK for unregistered Community designs that existed before the end of the transition period. If you are concerned about how to protect your unregistered design rights in the UK and EU after the transition period please contact our IP lawyers for further advice on 01234 938089.




Non-Disclosure Agreement (NDA)/Letter of confidentiality


What is it? This agreement protects confidential information belonging to your business including IP and other information which you do not want to be made public. Why is it important? It is important to have an NDA in place before sharing any confidential or sensitive information in business meetings with people with whom you intend to do business eg investors, prospective co-founders, suppliers, consultants and the like. A letter of confidentiality is similar to a non-disclosure agreement. The party disclosing confidential information imposes restrictions as to the use of this confidential information to the party receiving it. Risks If you do not have the required safeguards in place to protect your intellectual property during business meetings or negotiations you may have your designs, inventions or work stolen or copied by the person with whom you are negotiating. This could be disastrous for your business.




one-way confidentiality agreement


What is it? A one-way Confidentiality agreement is similar to a non-disclosure agreement but imposes restrictions as to the use of this confidential information only on one party.




Assignment of intellectual property


What is it? An IP assignment agreement transfers rights and ownership in an IP created by one-person eg trademark, patent, logo, designs or any other IP to someone else or to a business. Why is it important? An IP assignment agreement is important when a business is sold, and the founder created intellectual property before becoming a part of the company or a company employs a someone whether consultant or employee to do some work. If you assign IP rights to another business, you are transferring ownership of the IP. It is more common to licence intellectual property rights than to assign them in business. Licensing allows a third party to have rights over the IP and do certain acts with the IP that they would not otherwise have been able to do but you keep ownership of the IP. You can limit the licence to a certain area eg the UK, Middle East, Africa etc or to a certain period of time eg 1 year, 2 years etc. Risks If for example you assign your IP to a business and it fails, you would have lost your IP. If on the other hand you licence your IP to another business, you are in ultimate control and can stipulate how the IP should be used and when it has to be returned. You can also stipulate that the IP be returned to you if the business goes into liquidation or on the happening of certain events.




Copyright


What is it? Copyright is the exclusive right to use and reproduce in public any material you have created if it falls into one of the following categories: i) Written work such as books, plays film scripts, web content, articles, essays, professional opinions, tables, compilations and databases; ii)Artistic works such as paintings, drawings, photos, maps, charts, plan, diagrams etc; iii)sound recordings; iv)Films, music and broadcasts; or v) computer programs. Why is it important? Copyright arises automatically when you create the work so there is no need to register copyright to own a work that you have created. You should be wary of any person that asks you to pay them to register your copyright in a work that you have created as it will be a scam. Businesses as well as individuals can own copyright. Copyright usually lasts for 70 years. You can buy someone’s copyright via a document called a Deed of assignment or give them a licence to use your copyright. As a general rule if an employee creates a work in the course of their employment their employer (ie the business ) will own the work. However, if the work in question is not part of the agreed duties of the employee the employee will own the work. To ensure that copyright work created by employees is owned by the business you should include appropriate intellectual property clauses in your employment contracts. Risks If you commission a piece of work from a freelancer the copyright in the work will belong to the freelancer unless the parties have agreed otherwise. It is important to ensure that the position on ownership of the copyright in writing before work starts to ensure that the business owns the copyright in the work produced by the freelancer.





Commercial notices

Notice of breach of covenants


What is it?

This is popularly called a Section 146 Notice (it is a notice required to be served by section 146 of the Law of Property Act 1925 and relates solely to business tenants) that warns a tenant who is in breach of covenant (other than the covenant to pay rent) of the landlord’s intention to forfeit the lease on ground of the breach of covenant.

Why is it important?

“Forfeiture” is the right of the landlord to re-enter the commercial property and take back possession of the property if a covenant has been breached.

For the notice to be valid and binding the notice must specify the breach of covenant and if the breach is capable of remedy , require the tenant to remedy it and pay monetary compensation to the landlord for the breach.

A landlord can only serve such a notice if the lease contains a right to forfeit the lease (i.e. a right of re-entry). The notice must also contain certain prescribed information. If the tenant does not remedy the breach within a reasonable time the landlord can start forfeiture proceedings in the County Court.

Risks

A landlord who wants to forfeit the lease must avoid “waiving” the breach of covenant. Waiver occurs where a landlord becomes aware of a breach of the lease but does not take action against the tenant within a reasonable period or acknowledges the continuation of the lease by for example demanding rent or service charges or accepting rent payments from the tenant.




Break notice


What is it? A Break Notice, also known as a Break Clauses or a break option, is an important contractual provision in a lease which allows either a landlord or tenant to bring a Lease to an early end. Some landlords often have a vested interest in making life difficult for a tenant seeking to exercise its option to break the lease by making the option subject to stringent conditions. Why is it important?

Break Notices are akin to options and are therefore strictly construed by the courts . From the tenant’s perspective, a properly drafted Break Clause gives them the opportunity to avoid being tied into a lease that they can no longer afford. This is a safety-net for a tenant – especially if they are just starting out.

Understandably though, a landlord who is receiving a steady rental income may be reluctant to lose a tenant, particularly in tough economic times.

Risks

Any tenant seeking to exercise the option to break the lease must check the lease carefully and ensure they follow the landlord’s “break clause conditions” to the letter. It is crucial when taking a lease that a tenant understands that the conditions of the Break Clause can easily defeat an option to break unless followed to the letter. If the conditions are not strictly followed the termination is not valid and the tenant remains a lessee until the expiry of the lease, the next break clause date or until the tenant is able to assign the lease with the landlord’s consent if there is such a provision in the lease.

A properly advised tenant should refuse any condition, other than up-to date payment of principal rent and giving up occupation.




Tenant's agreement to exclude security of tenure


What is it?

The Landlord and Tenant Act 1954 provides tenants of business premises with rights of ‘security of tenure’. This means that once a business tenant’s lease expires, the tenant has the right to request a new lease on the same terms as the previous lease (subject to agreement on terms, such as the amount of rent, any legislative updates etc), except where the landlord has a statutory ground to refuse a new lease (for instance, if the tenant has failed to pay rent or the landlord wishes to redevelop the premises).

Why is it important?

When agreeing to enter into a commercial or business lease, one of the things that will be discussed when agreeing Heads of Terms is whether your lease will be ‘protected’ with security of tenure, or ‘contracted out’ i.e. excluded’ from security of tenure. It is quite common for landlords to require that security of tenure rights are excluded from a lease. They do this by asking the prospective tenant to sign a notice in front of an independent solicitor agreeing to the exclusion of security of tenure under the lease.

Risks

This notice means that a tenant of commercial premises will not have the automatic right to request a renewal of their lease at the end of the term of the lease, leaving the landlord free to let the property to another tenant at the end of the term. This is because landlords often wish to retain strict control over the occupation of their property. If security of tenure is excluded, you the tenant, must vacate the property at the end of the lease in accordance with its terms unless you have negotiated a new lease with the landlord separately.




Landlord's notice to exclude security of tenure





Section 25 Notice


What is it?

This is a notice by the landlord under s25 of the Landlord and Tenant Act 1954.

Why is it important?

It allows the landlord to start a procedure which will end either in the tenant being granted a new lease or in the tenant vacating. This notice cannot be given before the last year of the lease terms nor after the tenant has served a request for a new tenancy under s26 of the Act.

Risks

The s25 notice must state the date on which the landlord intends to bring the existing lease to an end.




Section 26 Notice


What is it?

This is a notice given by the tenant requesting a new tenancy upon the termination of the old tenancy.

Why is it important?

The s26 request must specify the date on which the existing lease is to end.

Risks

This notice cannot be served before the last year of the agreed lease term nor can it be served after the landlord has served a s25 notice.




Licence for alterations


What is it?

This is a licence from the landlord to the tenant giving the tenant the right to carry out specific works or alterations to the property that is being let. The alterations may be major or minor.

Why is it important?

The Licence should include provisions as to the manner in which the tenant will carry out the works, timescales, reinstatement and (to the extent applicable) the Construction (Design and Management) Regulations 2015. Drawings and specifications showing the proposed works should be attached to the Licence so that it is clear what the landlord is consenting to.

If the proposed alterations are not substantial (e.g. the erection of demountable partitioning or signage) you can use a simple Letter- Licence to Alter.




Section 27 Notice


What is it? A tenant has the right under s27 of the 1954 Act to bring the tenancy to an end by giving at least three months’ notice before the date on which the tenancy would otherwise expire. If the lease term has expired but the tenancy is still continuing under the 1954 Act the tenant may bring that continuing tenancy to an end by giving not less than three months’ notice in writing to the landlord.





Managing licenses


Running an online business


Protecting your IP


Business Relationships


Writing a business plan


Letting a commercial property

Commercial lease


What is it? A commercial lease is an agreement between a landlord and a business for the rental of a property for business purposes for a set period in return for the business paying rent to the landlord. It sets out the rights and obligations of the landlord and the business in relation to the property. The law relating to business leases differs from the law relating to residential leases. You will need a business lease if you have a business and wish to carry on your business from the commercial property. A properly written commercial lease is vital to carry on your business.




Home office rental agreement


What is it? A home office rental agreement is an agreement between an owner or lessee of property to share their home office space with another person. These agreements are usually used by start-ups and home-based businesses and will be in the form of a licence agreement. The licensor will be the owner or tenant of the property and the licensee will be the sharer who may be an individual or a company. If more than one individual sharer it is essential that they be all named on the agreement so that they remain jointly and severally liable under the rental agreement. The licence fee should be inclusive of the service costs eg internet, utilities, etc. Why is it important? If your business is a lessee, you must check your lease and check with your landlord to ensure that the grant of a licence to the sharers will not be a breach of your obligations as a tenant.




Office sharing agreement


What is it? Office space can be expensive in city centres and town centres. An office sharing agreement is an agreement between an owner of office space and another business which wants to share its office space. It is used where the owner of the property or lessee wants to share their office space with a business or individual or where two businesses or sole traders want to share the same office space. This agreement will be in the form of a licence agreement. If the office space is one room the licence will not grant each business or individual a defined and fixed space within the room but will grant the businesses and individuals the office space. The licence fee should be inclusive of the service costs eg internet, utilities, etc. Why is it important? If your business does not own the property you must check your lease and check with your landlord to ensure that your grant of a licence to the sharers will not be a breach of your obligations under your business tenancy.




Rent deposit deed


What is it? A rent deposit is a sum of money paid by a commercial tenant as security to their landlord prior to or at the grant of a commercial lease in respect of a commercial property rental. A rent deposit deed is the document which sets out how the landlord will safeguard a commercial tenant’s deposit. It works in a similar manner to rent deposits for residential lettings however in this case the deposit is usually held by the commercial landlord and not by a government- backed tenancy deposit scheme as in the case of residential rent deposits. Why is it important? A rent deposit deed protects the landlord and the tenant. Under the rent deposit deed, the deposit remains the property of the tenant however if the tenant does not pay the rent or breaches any fundamental term of the lease the landlord can take money out of the deposit in recompense. Rent deposit deeds are standard in commercial leases and provide peace of mind to a commercial landlord especially if the prospective tenant eg a start-up business or a sole trader cannot prove his/her trading credentials and creditworthiness. It gives a guarantee of easy access to funds should the tenant default. It is also beneficial for the tenant as it is akin to “savings” which will be returned to the tenant in future with any accrued interest if there is no breach of covenant and it is also a fund which the landlord may use to set off any breach of covenant by the tenant without the tenant having to incur further expense.




Lease Agreement


What is it? A lease is an agreement between a landlord and a business for the rental of a property for a set period in return for the tenant paying rent to the landlord. It sets out the rights and obligations of the landlord and the tenant in relation to the property. A lease can be for business or residential use. Why is it important? A commercial or business lease is an agreement between a landlord and a business for the rental of a property for business purposes. A residential lease is an agreement between a landlord and an individual for the rental of a property for residential use. The law relating to business leases differs from the law relating to residential leases. You will need a business lease if you have a business and wish to carry on your business from the commercial property. You will need a residential lease if you wish to rent property from a landlord for residential purposes.




Building works/Construction Agreement


What is it? Before you get building work done, check if you need permission or approval. Get quotes, check there is insurance in place and get a written contract. A building works/construction contract is a written agreement between the parties involved in the building or alteration of any structure. It sets out the rights and obligations of the parties and other parties involved eg sub-contractors, the administration procedures and the contract administrator if there is one. Why is it important? If you are a builder or a contractor doing work for a client or you are the client, you must ensure that the work arrangement is clear and that your contract sets out your work rights and obligations as well as the obligations of your client or the builder/contractor. A contract can be created for a specific project or you may wish to use a standard contract with amendments to fit the project. An example of a standard works contract is the JCT minor works building contract, which is designed for small, basic construction projects where the work is of a simple nature. Risks When checking the contract ensure that the contract describes the purpose of the contract; the work that will be done; the financial information eg the contract prices, deposit, schedule of progress payments, snagging, final payment and interest; payment due date and fees; project description; the handling of variations to the work order; dispute resolution; insurances and a signature line. Always ensure that your client signs the contract before you begin the work. Our construction solicitors can provide you with guidance on the different types of construction contracts and on which type of agreement is best for you. We can also help you negotiate a contract to protect your rights, assist you in reviewing contracts before you sign and provide you with representation in case of a breach of contract. Give us a call today at 01234 938089 or contact us online to learn more about the legal assistance we can provide.




Co-working Agreement


We help you prepare co-working agreements if you are setting up a business hub.





Sale and Purchase of Commerial Property

Commercial lease


What is it? A commercial lease is an agreement between a landlord and a business for the rental of a property for business purposes for a set period in return for the business paying rent to the landlord. It sets out the rights and obligations of the landlord and the business in relation to the property. The law relating to business leases differs from the law relating to residential leases. You will need a business lease if you have a business and wish to carry on your business from the commercial property. A properly written commercial lease is vital to carry on your business.




Home office rental agreement


What is it? A home office rental agreement is an agreement between an owner or lessee of property to share their home office space with another person. These agreements are usually used by start-ups and home-based businesses and will be in the form of a licence agreement. The licensor will be the owner or tenant of the property and the licensee will be the sharer who may be an individual or a company. If more than one individual sharer it is essential that they be all named on the agreement so that they remain jointly and severally liable under the rental agreement. The licence fee should be inclusive of the service costs eg internet, utilities, etc. Why is it important? If your business is a lessee, you must check your lease and check with your landlord to ensure that the grant of a licence to the sharers will not be a breach of your obligations as a tenant.




Office sharing agreement


What is it? Office space can be expensive in city centres and town centres. An office sharing agreement is an agreement between an owner of office space and another business which wants to share its office space. It is used where the owner of the property or lessee wants to share their office space with a business or individual or where two businesses or sole traders want to share the same office space. This agreement will be in the form of a licence agreement. If the office space is one room the licence will not grant each business or individual a defined and fixed space within the room but will grant the businesses and individuals the office space. The licence fee should be inclusive of the service costs eg internet, utilities, etc. Why is it important? If your business does not own the property you must check your lease and check with your landlord to ensure that your grant of a licence to the sharers will not be a breach of your obligations under your business tenancy.




Rent deposit deed


What is it? A rent deposit is a sum of money paid by a commercial tenant as security to their landlord prior to or at the grant of a commercial lease in respect of a commercial property rental. A rent deposit deed is the document which sets out how the landlord will safeguard a commercial tenant’s deposit. It works in a similar manner to rent deposits for residential lettings however in this case the deposit is usually held by the commercial landlord and not by a government- backed tenancy deposit scheme as in the case of residential rent deposits. Why is it important? A rent deposit deed protects the landlord and the tenant. Under the rent deposit deed, the deposit remains the property of the tenant however if the tenant does not pay the rent or breaches any fundamental term of the lease the landlord can take money out of the deposit in recompense. Rent deposit deeds are standard in commercial leases and provide peace of mind to a commercial landlord especially if the prospective tenant eg a start-up business or a sole trader cannot prove his/her trading credentials and creditworthiness. It gives a guarantee of easy access to funds should the tenant default. It is also beneficial for the tenant as it is akin to “savings” which will be returned to the tenant in future with any accrued interest if there is no breach of covenant and it is also a fund which the landlord may use to set off any breach of covenant by the tenant without the tenant having to incur further expense.




Lease Agreement


What is it? A lease is an agreement between a landlord and a business for the rental of a property for a set period in return for the tenant paying rent to the landlord. It sets out the rights and obligations of the landlord and the tenant in relation to the property. A lease can be for business or residential use. Why is it important? A commercial or business lease is an agreement between a landlord and a business for the rental of a property for business purposes. A residential lease is an agreement between a landlord and an individual for the rental of a property for residential use. The law relating to business leases differs from the law relating to residential leases. You will need a business lease if you have a business and wish to carry on your business from the commercial property. You will need a residential lease if you wish to rent property from a landlord for residential purposes.




Building works/Construction Agreement


What is it? Before you get building work done, check if you need permission or approval. Get quotes, check there is insurance in place and get a written contract. A building works/construction contract is a written agreement between the parties involved in the building or alteration of any structure. It sets out the rights and obligations of the parties and other parties involved eg sub-contractors, the administration procedures and the contract administrator if there is one. Why is it important? If you are a builder or a contractor doing work for a client or you are the client, you must ensure that the work arrangement is clear and that your contract sets out your work rights and obligations as well as the obligations of your client or the builder/contractor. A contract can be created for a specific project or you may wish to use a standard contract with amendments to fit the project. An example of a standard works contract is the JCT minor works building contract, which is designed for small, basic construction projects where the work is of a simple nature. Risks When checking the contract ensure that the contract describes the purpose of the contract; the work that will be done; the financial information eg the contract prices, deposit, schedule of progress payments, snagging, final payment and interest; payment due date and fees; project description; the handling of variations to the work order; dispute resolution; insurances and a signature line. Always ensure that your client signs the contract before you begin the work. Our construction solicitors can provide you with guidance on the different types of construction contracts and on which type of agreement is best for you. We can also help you negotiate a contract to protect your rights, assist you in reviewing contracts before you sign and provide you with representation in case of a breach of contract. Give us a call today at 01234 938089 or contact us online to learn more about the legal assistance we can provide.




Co-working Agreement


We help you prepare co-working agreements if you are setting up a business hub.





Buying & Selling a business

Share Purchase Agreement


What is it?

A Share purchase agreement (SPA) is an agreement setting out the terms and conditions relating to the sale and purchase of shares in a company. Share purchase agreements are often complex documents which can become lengthy and create significant delay, friction and cost if not dealt with by experienced, business minded lawyers.

Why is it important?

There is often a choice and negotiation over whether it’s best for either or both parties to buy/sell assets rather than shares. This would depend on whether the current owner (seller) is a limited company. If not, there can be no share sale! Further, where a buyer wants to preserve as many customer relations as possible, they may elect to buy the shares as opposed to assets.

The seller’s solicitor usually draws up the draft share purchase agreement.

Risks

While the buyer’s solicitor will try to protect the buyer the interest of the seller’s solicitor is to minimise this protection, in particular by limiting the seller’s liability for misrepresentation. However, in practice, where there is fraudulent misrepresentation the seller will still be liable so the buyer may accept such clauses since they are not valid if the seller can prove fraudulent misrepresentation.

Please contact us if you require specialist commercial lawyers to review, draft, negotiate, amend or generally advise on a share purchase agreement.




Asset Purchase Agreement


What is it?

An asset purchase agreement is an agreement setting out the terms and conditions relating to the sale and purchase of assets of a business. In an asset purchase, the company itself will be selling the assets, whilst in a share sale, the individual shareholders will be the sellers.

Occasionally a buyer will prefer to acquire certain assets of a business rather than acquire all of the shares in a company and therefore, both its assets and liabilities.

A buyer will normally prefer to buy the assets of a business, while the seller will prefer to sell the shares. The main benefit of an asset purchase is that a buyer may selectively pick the assets and liabilities they want to acquire and there is generally less risk of hidden liabilities than with a share purchase.

Risks

The main disadvantage of an asset sale, as opposed to a share purchase agreement is that each item must be transferred in accordance with its proper rules and made enforceable against third parties (eg through consents and approvals). This is especially the case for customer contracts, as a third party may view the transaction as an opportunity to renegotiate their contract thereby adding delay and additional costs to the transaction.

In addition, there may be other important contracts that are non-transferrable, or licences and consents unique to the seller which may not be transferrable.

In an asset sale it is vital to identify what exactly is being purchased. Assets transferred as part of an Asset purchase agreement may include:

  • Plant and machinery.
  • Premises;
  • Stock;
  • Contracts;
  • Know-how; and
  • Goodwill.

Please contact us if you require specialist commercial lawyers to review, draft, negotiate, amend or generally advise on a share purchase agreement.




Disclosure Letter


What is it?

A Non-Disclosure letter or Non-Disclosure Agreement, also called a Confidentiality Agreement, is a legal contract between two or more parties by which the parties agree not to disclose information (which is intended to be kept secret) that they have shared with each other during a business relationship to third parties.

Why is it important?

This Agreement may either be one-way (unilateral) or two-way (mutual), depending on whether both parties will be providing the secret information. If one party will be providing the secret information to the other, it is called a Unilateral Non-Disclosure Agreement.

For example, where an inventor of an idea is sharing the idea with another person, the inventor is the disclosing party and the other party is the receiving party. If the two parties will share the secret information between themselves, it is called a Mutual Non-Disclosure Agreement.

This Agreement can be used to share intellectual property, share commercial trading information or formalize a business relationship, for example, between an employer and an employee





Operating as a Sole Trader

Notice of breach of covenants


What is it?

This is popularly called a Section 146 Notice (it is a notice required to be served by section 146 of the Law of Property Act 1925 and relates solely to business tenants) that warns a tenant who is in breach of covenant (other than the covenant to pay rent) of the landlord’s intention to forfeit the lease on ground of the breach of covenant.

Why is it important?

“Forfeiture” is the right of the landlord to re-enter the commercial property and take back possession of the property if a covenant has been breached.

For the notice to be valid and binding the notice must specify the breach of covenant and if the breach is capable of remedy , require the tenant to remedy it and pay monetary compensation to the landlord for the breach.

A landlord can only serve such a notice if the lease contains a right to forfeit the lease (i.e. a right of re-entry). The notice must also contain certain prescribed information. If the tenant does not remedy the breach within a reasonable time the landlord can start forfeiture proceedings in the County Court.

Risks

A landlord who wants to forfeit the lease must avoid “waiving” the breach of covenant. Waiver occurs where a landlord becomes aware of a breach of the lease but does not take action against the tenant within a reasonable period or acknowledges the continuation of the lease by for example demanding rent or service charges or accepting rent payments from the tenant.




Break notice


What is it? A Break Notice, also known as a Break Clauses or a break option, is an important contractual provision in a lease which allows either a landlord or tenant to bring a Lease to an early end. Some landlords often have a vested interest in making life difficult for a tenant seeking to exercise its option to break the lease by making the option subject to stringent conditions. Why is it important?

Break Notices are akin to options and are therefore strictly construed by the courts . From the tenant’s perspective, a properly drafted Break Clause gives them the opportunity to avoid being tied into a lease that they can no longer afford. This is a safety-net for a tenant – especially if they are just starting out.

Understandably though, a landlord who is receiving a steady rental income may be reluctant to lose a tenant, particularly in tough economic times.

Risks

Any tenant seeking to exercise the option to break the lease must check the lease carefully and ensure they follow the landlord’s “break clause conditions” to the letter. It is crucial when taking a lease that a tenant understands that the conditions of the Break Clause can easily defeat an option to break unless followed to the letter. If the conditions are not strictly followed the termination is not valid and the tenant remains a lessee until the expiry of the lease, the next break clause date or until the tenant is able to assign the lease with the landlord’s consent if there is such a provision in the lease.

A properly advised tenant should refuse any condition, other than up-to date payment of principal rent and giving up occupation.




Tenant's agreement to exclude security of tenure


What is it?

The Landlord and Tenant Act 1954 provides tenants of business premises with rights of ‘security of tenure’. This means that once a business tenant’s lease expires, the tenant has the right to request a new lease on the same terms as the previous lease (subject to agreement on terms, such as the amount of rent, any legislative updates etc), except where the landlord has a statutory ground to refuse a new lease (for instance, if the tenant has failed to pay rent or the landlord wishes to redevelop the premises).

Why is it important?

When agreeing to enter into a commercial or business lease, one of the things that will be discussed when agreeing Heads of Terms is whether your lease will be ‘protected’ with security of tenure, or ‘contracted out’ i.e. excluded’ from security of tenure. It is quite common for landlords to require that security of tenure rights are excluded from a lease. They do this by asking the prospective tenant to sign a notice in front of an independent solicitor agreeing to the exclusion of security of tenure under the lease.

Risks

This notice means that a tenant of commercial premises will not have the automatic right to request a renewal of their lease at the end of the term of the lease, leaving the landlord free to let the property to another tenant at the end of the term. This is because landlords often wish to retain strict control over the occupation of their property. If security of tenure is excluded, you the tenant, must vacate the property at the end of the lease in accordance with its terms unless you have negotiated a new lease with the landlord separately.




Landlord's notice to exclude security of tenure





Section 25 Notice


What is it?

This is a notice by the landlord under s25 of the Landlord and Tenant Act 1954.

Why is it important?

It allows the landlord to start a procedure which will end either in the tenant being granted a new lease or in the tenant vacating. This notice cannot be given before the last year of the lease terms nor after the tenant has served a request for a new tenancy under s26 of the Act.

Risks

The s25 notice must state the date on which the landlord intends to bring the existing lease to an end.




Section 26 Notice


What is it?

This is a notice given by the tenant requesting a new tenancy upon the termination of the old tenancy.

Why is it important?

The s26 request must specify the date on which the existing lease is to end.

Risks

This notice cannot be served before the last year of the agreed lease term nor can it be served after the landlord has served a s25 notice.




Licence for alterations


What is it?

This is a licence from the landlord to the tenant giving the tenant the right to carry out specific works or alterations to the property that is being let. The alterations may be major or minor.

Why is it important?

The Licence should include provisions as to the manner in which the tenant will carry out the works, timescales, reinstatement and (to the extent applicable) the Construction (Design and Management) Regulations 2015. Drawings and specifications showing the proposed works should be attached to the Licence so that it is clear what the landlord is consenting to.

If the proposed alterations are not substantial (e.g. the erection of demountable partitioning or signage) you can use a simple Letter- Licence to Alter.




Section 27 Notice


What is it? A tenant has the right under s27 of the 1954 Act to bring the tenancy to an end by giving at least three months’ notice before the date on which the tenancy would otherwise expire. If the lease term has expired but the tenancy is still continuing under the 1954 Act the tenant may bring that continuing tenancy to an end by giving not less than three months’ notice in writing to the landlord.





Managing licenses


Running an online business


Protecting your IP


Business Relationships


Writing a business plan


Ending or Assigning an Existing Agreement

Cookie Policy


What is it? A cookie is a small text file that that is stored on a website user’s computer to collect information. Why is it important? If you have cookies on your website you should have a cookie policy that informs users to your website what the cookies do, why you are collecting the information and how they can turn off cookies within their computer browser. Risks You must also get their consent and the consent must be clearly given.




Terms of Business


What is it? Your Terms of Business set out the terms and conditions on which you conduct your business and is the contract between you and your customer. Why is it important? Written terms and conditions of business are important especially when there is a dispute between your business and a customer or supplier. Written terms of business will clarify the scope of your services or the goods you agreed to sell or supply and certainty as to the agreed price, payment method, guarantees, warranties, remedies of the buyer if there is a dispute. Risks When selling goods and services online you must comply with certain legal requirements including the distance selling regulations.




Commission Linking Agreement


What is it? If you are linking your website to another website in order to share commission with the other website owner or to benefit from extra sales you need a Website Commission Linking Agreement.




Consent Notices


What is it? The law provides that if your website is based in the EU or if you are targeting customers in the EU and your site uses one or more cookies you need to display a cookie consent notice. To comply with the law your need to do three things:

  1. Let users to your website know that you are using cookies.
  2. Provide a link where they can learn more about how you use the data you gather.
  3. Provide a way for your website users to consent to the use of cookies.
Consent can be explicit opt-in consent and implied consent. For explicit consent, users have to click a button, select a checkbox or complete some other specific activity to opt in to the use of cookies. The most common way to do this is to display a banner at the top or bottom of your website with a link to your Privacy policy and a button to consent to the use of cookies and hide the banner. For implied consent a clear notice must be provided, and the user must be made aware that a specific action will be understood to be implied consent to the use of cookies. One way that implied consent is obtained is by displaying a prominent cookie notice that ends with a statement like “By continuing to use this site you agree to the use of cookies”. The law applies whether a user is on a smartphone, tablet, a laptop, computer or other device. So when you set up your cookie notice you must ensure that the notice appears and functions well on all devices. There are also plugins for Cookie consent notices.




GDPR Compliance


What is it? The Data Protection Act 2018 and the General Data Protection Regulation (GDPR) regulates the processing of personal data by companies in the UK, specifying, for example, that data must be kept accurate and secure. A data protection policy is a statement of how you handle personal information given to you by your customers. The Privacy and Electronic Communications Regulations set out a variety of rules which apply to the use of email marketing campaigns and regulates the use of cookies. Pure Business Law can assist you with all your data compliance matters.




Terms and conditions for sale of goods to consumers via a website


What is it? Your Terms of Business or Terms and Conditions sets out the rights and obligations of the buyer and the seller in any sale of goods. Standard terms and conditions for the sale of goods help to make each party to the contract (whether a business or consumer) aware of their rights and obligations from the start. Why is it important? If you are dealing with a consumer there is a considerable amount of legislation eg the Consumer Rights Act 2015 aimed at protecting consumers which must be taken into account when preparing your terms and conditions. Make sure you do things right when creating your terms and conditions.




Terms and conditions for supply of services to consumers via a website


What is it? Your Terms of Business or Terms and Conditions sets out the rights and obligations of the buyer and the seller in any supply of services. Standard terms and conditions for the supply of services help to make each party to the contract (whether a business or consumer) aware of their rights and obligations from the start. Why is it important? If you are dealing with a consumer there is a considerable amount of legislation eg the Consumer Rights Act 2015 aimed at protecting consumers which must be taken into account when preparing your terms and conditions. Make sure you do things right when creating your terms and conditions.




Email footer and disclaimer


What is it? An email footer sets out information required by law about limited companies and limited liability partnerships. The Companies Act 1985 requires all business emails from a private or public limited company to include the company’s registered name, registered number, place of registration and its registered office address. Why is it important? An email disclaimer is a notice or warning added to an email designed to protect the email sender from breaches of confidentiality, contractual claims. Virus propagation and employee liability. An email disclaimer is optional.




Website terms and conditions


What is it? If you have a website it is a good idea to create website terms and conditions as it helps to ensure that customers and users know how a website can and cannot be used. They set out the legal rights and obligations between you and users of your website. They cover the acceptable uses of the website, prohibited use of the website, registration, password and security, linked websites, disclaimers and limitation of liability.




Privacy policy


What is it? A website privacy policy is a statement of how you handle personal information given to you by your customers. When you trade on the internet you will most likely be handling personal information because you keep records of your customers or website users. Why is it important? A website privacy policy helps build trust in your website and informs your visitors how their personal data is protected. In the UK the main legislation governing the collection, processing and distribution of personal data is the Data Protection Act 2018 and the General Data Protection Regulation (GDPR).




Website Terms of Use or Online Terms of Use


What is it? Your Website terms of use set out the legal rights and obligations between you and users of your website. Even if you do not sell goods on your website, you should have a written set of terms and conditions to cover all permitted and prohibited uses of your website, including any registration requirements, linked websites, disclaimers, limitation of liability and associated subscription fees.





Managing licenses


Running an online business


Protecting your IP


Business Relationships


Writing a business plan


Health & Safety

Health and safety policy


What is it? A health and safety policy states the employer’s commitment to protect employees’ health and safety and to cooperate with other parties such as employees, supervisors, the health and safety representative to ensure a safe work environment.If you have five or more employees, you are legally required to have a written health and safety policy. Why is it important? If you do not have a written policy the Health and Safety Executive (HSE) can take action against you and prosecute you. Even if you do not have five employees it is best practice to have a written health and safety policy to make your health and safety arrangements clear. Consideration of the health, safety and welfare of staff is an integral part of the management process. The purpose of a Health and Safety policy is to establish general standards for health and safety at work and to distribute responsibility for their achievement to all managers, supervisors and other employees through the normal line management processes. Risks Managers must approach health and safety in a systematic way, by identifying hazards and problems, planning improvements, taking executive action and monitoring results. There should be an annual audit and regular risk assessments.





 
 
 
 

Planning & Highways

Health and safety policy


What is it? A health and safety policy states the employer’s commitment to protect employees’ health and safety and to cooperate with other parties such as employees, supervisors, the health and safety representative to ensure a safe work environment.If you have five or more employees, you are legally required to have a written health and safety policy. Why is it important? If you do not have a written policy the Health and Safety Executive (HSE) can take action against you and prosecute you. Even if you do not have five employees it is best practice to have a written health and safety policy to make your health and safety arrangements clear. Consideration of the health, safety and welfare of staff is an integral part of the management process. The purpose of a Health and Safety policy is to establish general standards for health and safety at work and to distribute responsibility for their achievement to all managers, supervisors and other employees through the normal line management processes. Risks Managers must approach health and safety in a systematic way, by identifying hazards and problems, planning improvements, taking executive action and monitoring results. There should be an annual audit and regular risk assessments.





 

Managing employee performance

Notice of breach of covenants


What is it?

This is popularly called a Section 146 Notice (it is a notice required to be served by section 146 of the Law of Property Act 1925 and relates solely to business tenants) that warns a tenant who is in breach of covenant (other than the covenant to pay rent) of the landlord’s intention to forfeit the lease on ground of the breach of covenant.

Why is it important?

“Forfeiture” is the right of the landlord to re-enter the commercial property and take back possession of the property if a covenant has been breached.

For the notice to be valid and binding the notice must specify the breach of covenant and if the breach is capable of remedy , require the tenant to remedy it and pay monetary compensation to the landlord for the breach.

A landlord can only serve such a notice if the lease contains a right to forfeit the lease (i.e. a right of re-entry). The notice must also contain certain prescribed information. If the tenant does not remedy the breach within a reasonable time the landlord can start forfeiture proceedings in the County Court.

Risks

A landlord who wants to forfeit the lease must avoid “waiving” the breach of covenant. Waiver occurs where a landlord becomes aware of a breach of the lease but does not take action against the tenant within a reasonable period or acknowledges the continuation of the lease by for example demanding rent or service charges or accepting rent payments from the tenant.




Break notice


What is it? A Break Notice, also known as a Break Clauses or a break option, is an important contractual provision in a lease which allows either a landlord or tenant to bring a Lease to an early end. Some landlords often have a vested interest in making life difficult for a tenant seeking to exercise its option to break the lease by making the option subject to stringent conditions. Why is it important?

Break Notices are akin to options and are therefore strictly construed by the courts . From the tenant’s perspective, a properly drafted Break Clause gives them the opportunity to avoid being tied into a lease that they can no longer afford. This is a safety-net for a tenant – especially if they are just starting out.

Understandably though, a landlord who is receiving a steady rental income may be reluctant to lose a tenant, particularly in tough economic times.

Risks

Any tenant seeking to exercise the option to break the lease must check the lease carefully and ensure they follow the landlord’s “break clause conditions” to the letter. It is crucial when taking a lease that a tenant understands that the conditions of the Break Clause can easily defeat an option to break unless followed to the letter. If the conditions are not strictly followed the termination is not valid and the tenant remains a lessee until the expiry of the lease, the next break clause date or until the tenant is able to assign the lease with the landlord’s consent if there is such a provision in the lease.

A properly advised tenant should refuse any condition, other than up-to date payment of principal rent and giving up occupation.




Tenant's agreement to exclude security of tenure


What is it?

The Landlord and Tenant Act 1954 provides tenants of business premises with rights of ‘security of tenure’. This means that once a business tenant’s lease expires, the tenant has the right to request a new lease on the same terms as the previous lease (subject to agreement on terms, such as the amount of rent, any legislative updates etc), except where the landlord has a statutory ground to refuse a new lease (for instance, if the tenant has failed to pay rent or the landlord wishes to redevelop the premises).

Why is it important?

When agreeing to enter into a commercial or business lease, one of the things that will be discussed when agreeing Heads of Terms is whether your lease will be ‘protected’ with security of tenure, or ‘contracted out’ i.e. excluded’ from security of tenure. It is quite common for landlords to require that security of tenure rights are excluded from a lease. They do this by asking the prospective tenant to sign a notice in front of an independent solicitor agreeing to the exclusion of security of tenure under the lease.

Risks

This notice means that a tenant of commercial premises will not have the automatic right to request a renewal of their lease at the end of the term of the lease, leaving the landlord free to let the property to another tenant at the end of the term. This is because landlords often wish to retain strict control over the occupation of their property. If security of tenure is excluded, you the tenant, must vacate the property at the end of the lease in accordance with its terms unless you have negotiated a new lease with the landlord separately.




Landlord's notice to exclude security of tenure





Section 25 Notice


What is it?

This is a notice by the landlord under s25 of the Landlord and Tenant Act 1954.

Why is it important?

It allows the landlord to start a procedure which will end either in the tenant being granted a new lease or in the tenant vacating. This notice cannot be given before the last year of the lease terms nor after the tenant has served a request for a new tenancy under s26 of the Act.

Risks

The s25 notice must state the date on which the landlord intends to bring the existing lease to an end.




Section 26 Notice


What is it?

This is a notice given by the tenant requesting a new tenancy upon the termination of the old tenancy.

Why is it important?

The s26 request must specify the date on which the existing lease is to end.

Risks

This notice cannot be served before the last year of the agreed lease term nor can it be served after the landlord has served a s25 notice.




Licence for alterations


What is it?

This is a licence from the landlord to the tenant giving the tenant the right to carry out specific works or alterations to the property that is being let. The alterations may be major or minor.

Why is it important?

The Licence should include provisions as to the manner in which the tenant will carry out the works, timescales, reinstatement and (to the extent applicable) the Construction (Design and Management) Regulations 2015. Drawings and specifications showing the proposed works should be attached to the Licence so that it is clear what the landlord is consenting to.

If the proposed alterations are not substantial (e.g. the erection of demountable partitioning or signage) you can use a simple Letter- Licence to Alter.




Section 27 Notice


What is it? A tenant has the right under s27 of the 1954 Act to bring the tenancy to an end by giving at least three months’ notice before the date on which the tenancy would otherwise expire. If the lease term has expired but the tenancy is still continuing under the 1954 Act the tenant may bring that continuing tenancy to an end by giving not less than three months’ notice in writing to the landlord.





Managing licenses


Running an online business


Protecting your IP


Business Relationships


Writing a business plan


Reorganisation & Redundancies

At risk of redundancy letter


What is it? This is a letter that can be used to inform the employee that the employee is at risk of being made redundant.




Dismissal for redundancy letter


What is it? This is a letter that can be used to inform the employee that the employee is being dismissed for redundancy reasons. Why is it important? It is best practice for the employee to be given the right of appeal against redundancy.




Invitation to a redundancy appeal meeting


What is it? This is a letter to an employee inviting them to a redundancy appeal meeting.




Redundancy consultation letter


What is it? This is a letter to an employee informing them of the redundancy consultation procedure. Why is it important? The letter should contain details of the consultation procedure.





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Pure Business Law is the trading name for Pure Business Law Ltd-a private limited company registered in England & Wales with company registration number 10405413. Registered office and Principal place of business : Excel House, 3 Duke Street, Bedford. MK40 3HR. VAT number 265 5386 75.

 

 

Pure Business Law is authorised and regulated by the Solicitors Regulation Authority (SRA number 635679)- we are governed by the SRA's  professional rules which may be found at www.rules.sra.org.uk. A list of our directors is available on request.  The term "director" denotes a shareholder or director of the company or an employee or consultant who is a lawyer with equivalent standing and qualifications. Calls may be recorded for security and training purposes.

 

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