This is regarding Apple's unfair treatment of small
this is regarding Apple's unfair treatment of small development shopsJA: What state are you in? It matters because laws vary by location.Customer: TexasJA: Has anything been filed or reported?Customer: not filed . But what is meant by 'reported'?JA: Anything else you want the lawyer to know before I connect you?Customer: no - that's it
I buy a 1000 widgets (w) a month on an annual contract at a
Hi,I buy a 1000 widgets (w) a month on an annual contract at a cost of $1.00 ea. to incorporate into my product. The cost of w represents about 98% of my manufacturing costs.This year my vendor added a new clause. It said that sometime in the next two years they will convert to maxi widgets (mw). The mw may or may not be different from the w or they may differ in name only. They will tell me at the time of conversion I have been converted and I will be responsible to now buy a1000 mw per/month at what ever the then current price is for the mw and I must continue to buy 1000mw/month at the new price until the end of my annual contract.While I can know what the price of the mw is at the time of signing the contract. Currently mw's cost approximately 10 times the cost of a w. Since I have no idea of when the conversion will take place I can not plan for the price increase. If it occurs in the first month my annual contract my annual cost would increase by 10 times. If it were to occur in the last month my annual contract my annual cost would increase would cost would increase by about 89%This means my annual cost could vary from $12,000 per year to $120,000 per year. I understand that a contract requires the informed consent of both parties to be valid. Since I have no knowledge of when this conversion will take place I can have no meaningful knowledge of my annual unit cost other than it will be between $1/unit to $10/unit depending upon when the vendor converts. My question is would a contract like this be invalid? Clearly if my annual cost went from $12,000 to $14,000 I would reasonably have informed consent. However an unplanned cost difference of up to $108,000 or about 1000% which would seem to be beyond the limits of informed consent.Note This is a sanitized version of an actual contact that I would prefer not be publicly posted. If there is way for you to review the actual contract where I can be assured that only you will see it please tell me how.
We are Software as a Service (SaaS) B2B tech startup based
We are Software as a Service (SaaS) B2B tech startup based in Chicago. I registered the company in 2015 in Delaware and currently we just operate from home. We offer project management app like dropbox and google business apps for a monthly fee per user. Our customers are other startups, small & medium businesses, colleges, and universities. Most questions are related to agreements -- We will be collaborating with other software resellers or vendors or value added resellers who will sell our services to other businesses. What is this agreement called? Who all needs to sign the contract?- We intend to hire few independent sales contractors (commission only). What documents should the sales rep provide and what documents should I provide him. What agreement should we both sign? How should I approach hiring independent sales reps?- Agreement between our company & other businesses who signup for our app and want to save money by signing yearly or quarterly contract. What is this agreement called? Currently we just offer month-to-month contract.- If we decide to hire few independent sales contractors in India, what documents should the sales rep provide and what documents should I provide him. What agreement should we both sign?- Finally, we have used client's logo on your website without their permission? Do we need permission from them? I have just put their logo but it doesn't say that they are our clients.
For CA contract law I'm an independent software distributor
For CA biz contract lawHi,I'm an independent software distributor relief a large firm for many years. In August 2015 52000 they claimed I had legitimately signed a contract and that because of that they were shipping me new software that was going to cost approximately 35 times more than I was originally.The contract that governs the relationship between me and the firm had a clause in it for invoice the speed dispute resolution. The clause is just about a sentence in the contract. I have been unable dictation regarding the procedure.I submitted my request for this in September 2015 they have now in February 2017 provided the response. In that response they find an entirely different cause of action at first it was this contract, but now they have ignored it. They now claim there was no change in the relationship and that I had been doing business at these new prices and volumes for many months prior.. My question is since the firm had taken 17 months to respond to my dispute resolution requests and the evidence submitted what would be a reasonable amount of time for me to request in terms of my submitting evidence and arguments disputing these new claims. What I'm looking for is here is the reasonable time window that would stand up in court as they had taken 17 months. Should I ask for 3 m,6m,9m, or you're is your recommendation?To repeat for clear communication, I'm looking for is an estimation of how many months I can request to respond as normal and customary given the facts at hand.Thank you for your guidanceCheers..Tom
I have discovered a lot of issues with a web developer that
I have discovered a lot of issues with a web developer that I hired to brand and build my business.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Im in illinoisJA: Has anything been filed or reported?Customer: not yet, I am not doing anything until I have the site secureJA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so
I am a tax preparer (TP). A group (GP) I belong to has
I am a tax preparer (TP). A group (GP) I belong to has contracted with another tax prep firm (SC) to provide outsourcing services... essentially, they prepare the return for me. I have an engagement letter with GP and GP has an engagement letter with SC. My client has an engagement letter with me and SC. The money comes from client to me, I pay GP and GP pays SC. Per the IRS, both SC and I are paid preparers. I'm in VA, GP is in Ohio and SC is in several states, not VA or OH. Primarily in MI.The only part of the arrangement I'm uncomfortable with is client poaching. If SC or one of its employees (EMP) decides to take a client, or my entire clientele, then because I have no direct business relationship with them, I wonder what recourse I might have against any of the parties. They're suggesting a "covenant not to compete" between me and GP, but I don't see how that protects me at all.I'm thinking that instead, I should have a blanket purchase agreement with GP, where if they, or their officers or employees, vendors or their vendors' owners, officers or employees take a client, GP agrees to pay me a multiple of last year's billings. How could I word it so that GP could not (successfully) contest its liability if an employee of SC ran off with a few clients? GP would probably want OH law to prevail in the event of lawsuit.
My employer just recently asked me to sign a "management
My employer just recently asked me to sign a "management agreement" but when I read through the contract it is a non compete. It states everything is upheld according to FL law but the place of business which I work for is in IA. Also the last page of said contract has a place to fill in the date of signing and then has 2014 as the year printed. I just received it January 27, 2017. Also he installed a security camera with two way audio, does he need to have a sign posted saying we are under video and audio sue Ellis Cr ? Also I have not received my W2's for the last 3 years now after numerous emails and text requesting them. I still file my taxes every year and fill out missing W2 form. Can anyone help/ point me in the right direction to get help
I believe I am the defendant in a lawsuit with an
I believe I am the defendant in a lawsuit with an out-of-state plaintive in regards ***** ***** matters. I received a certified mail notice from the post office from the local Circuit Court. I did not sign and pick up the notice. I wanted to know if they have a court date and I am not present can they still put a judgment against me or my company if we have no representation and have not been properly served or subpoenaed. My personal residence is in Virginia and my business is in Virginia in the same county as my personal residence . I am a single-member limited liability corporation. They served the certified mail to my personal residence. Please advise. Thank you